Section 691. Statement of employee rights and employer obligations under state and federal law  


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  • 1. Every licensed  employment  agency  under  the
      jurisdiction  of  the  commissioner  and engaged in the job placement of
      domestic workers or household employees shall provide to each  applicant
      for employment as a domestic worker or household employee and his or her
      prospective  employer,  before  job  placement  is  arranged,  a written
      statement indicating the rights of such  worker  and  employee  and  the
      obligations  of  his or her employer under state and federal law. In the
      event any such licensed employment agency maintains a website, the  text
      of  such  written  statement  shall  also  be  provided  on the agency's
      website. The department shall promulgate rules and regulations detailing
      what information should be included  in  such  written  statement.  Such
      rules  and  regulations  shall require that such statement of rights and
      obligations embody provisions of state and federal laws that pertain  to
      domestic  workers  or  household  employees,  both  in their capacity as
      workers and employees in New York state and the  United  States  and  in
      their  capacity  specifically as domestic workers or household employees
      in New York state and the United States. Such statement  of  rights  and
      obligations  shall include, but not be limited to, a general description
      of employee rights and employer obligations pursuant to  laws  regarding
      minimum  wage,  overtime  and  hours  of  work,  record  keeping, social
      security payments, unemployment insurance coverage, disability insurance
      coverage and workers' compensation.  Every  licensed  employment  agency
      under  the  jurisdiction  of  the commissioner and to which this article
      applies shall certify  that  the  written  statement  required  by  this
      subdivision  conforms  to  rules  and  regulations  promulgated  by  the
      department and shall file a copy of  such  written  statement  with  the
      department.
        2.  Every  employment  agency engaged in the job placement of domestic
      workers or household employees shall keep on file in its principal place
      of business for a period of three  years  a  statement,  signed  by  the
      employer  of a domestic worker or household employee whom the employment
      agency has placed with such employer, indicating that the  employer  has
      read  and  understands the statement of rights and obligations he or she
      received pursuant to subdivision one of this section.