Res. No. 1095
Resolution calling on the New York State Legislature to pass, and for the Governor to sign, A.8183-A, which would increase protections for limited English proficient New Yorkers seeking work through employment agencies by requiring contracts in English and the language in which they were negotiated, requiring conspicuous disclosure of the right to a refund, and increasing agency bond requirements.
By Council Members Dromm, Brewer, Chin, Eugene, Garodnick, James, Lander, Mendez, Palma, Rose, Rodriguez and Mark-Viverito
Whereas, Immigrants account for approximately 36 percent of New York City's population and approximately 43 percent of its workforce; and
Whereas, Unfortunately, some immigrants have difficulty obtaining employment in New York because of either their lack of English proficiency or their undocumented status; and
Whereas, Due to their limited options, many immigrant New Yorkers turn to for-profit employment agencies seeking work; and
Whereas, The New York State General Business Law defines an employment agency as "any personÂ… who, for a fee, procures or attempts to procure (1) employment or engagements for persons seeking employment or engagements, or (2) employees for employers seeking the services of employees"; and
Whereas, Although the industry is governed by the General Business Law, employment agencies operating in New York City are licensed and regulated by the Department of Consumer Affairs (DCA); and
Whereas, According to immigrant advocates, there are over 1,000 businesses operating as employment agencies in New York City, far in excess of the 349 that are currently licensed by DCA; and
Whereas, Less scrupulous employment agencies have been known to require non-English speakers to sign contracts that are written in English, robbing these prospective employees of the knowledge that they are legally entitled to a number of rights and protections relating to wages, working conditions, types of work performed and rights to a refund; and
Whereas, Employment agencies rank among DCA's top ten complaint categories, and the industry's rate of compliance with state law has averaged below 50 percent for the past five years; and
Whereas, Although DCA has the authority to enter into settlement agreements requiring those employment agencies that violate state law to produce contracts in the languages of their original negotiation, the General Business Law does not require contracts to be drafted in any language other than English; and
Whereas, If passed, A.8183-A, introduced by Assembly Member Karim Camara in the 2010-2011 legislative session, would address this issue by protecting prospective workers with limited English proficiency; and
Whereas, Specifically, A.8183-A would require that contracts used by employment agencies for prospective jobs be printed in both English and the language in which they were negotiated; and
Whereas, A.8183-A would also require employment agencies to conspicuously disclose the fact that all clients have the right to a refund in a box immediately above the signature line of such contract and on the receipt for any transaction with the agency; and
Whereas, Finally, because current bond requirements are inadequate to cover the high fines and restitution that are frequently assessed against the industry, A.8183-A would quadruple the existing $5,000 bond for employment agencies and $10,000 bond for modeling and au pair agencies; and
Whereas, A.8183-A passed the New York State Assembly on June 16, 2011 but has not passed in the Senate; and
Whereas, Immigrant New Yorkers are the lifeblood of this city and this state, and it is imperative that we take whatever steps are necessary to protect their well-being; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and for the Governor to sign, A.8183-A, which would increase protections for limited English proficient New Yorkers seeking work through employment agencies by requiring contracts in English and the language in which they were negotiated, requiring conspicuous disclosure of the right to a refund, and increasing agency bond requirements.
DMB
LS# 2618
10/14/11