Section 336-C. Work experience

1.  (a) Work experience programs meeting
  state and federal requirements may be  established  by  social  services
  districts.
    (b) Work experience programs may include the performance of work for a
  federal office or agency, county, city, village or town or for the state
  or  in  the  operation  of  or  in  an activity of a nonprofit agency or
  institution, in accordance with the regulations of the department.
    2. A recipient may be assigned to participate in such work  experience
  program only if:
    (a)  appropriate  federal  and  state  standards of health, safety and
  other work conditions are maintained;
    (b) The number of hours a participant in  work  experience  activities
  authorized  pursuant  to  this section shall be required to work in such
  assignment shall  not  exceed  a  number  which  equals  the  amount  of
  assistance  payable  with  respect  to such individual (inclusive of the
  value of food stamps received by such individual, if any) divided by the
  higher of (a) the federal minimum wage provided that such hours shall be
  limited as set forth  in  subdivision  four  of  section  three  hundred
  thirty-six of this title, or (b) the state minimum wage;
    (c)  such recipients are provided appropriate workers' compensation or
  equivalent protection for on-the-job injuries and tort claims protection
  on the same basis, but not necessarily at the  same  benefit  level,  as
  they  are  provided  to  other persons in the same or similar positions,
  while participating in work experience activities under this section;
    (d) the project to which the participant is assigned serves  a  useful
  public  purpose in fields such as health, social services, environmental
  protection, education, urban and rural  development  and  redevelopment,
  welfare,  recreation, operation of public facilities, public safety, and
  child day care;
    (e) such assignment would not result in (i) the  displacement  of  any
  currently  employed  worker  or  loss  of  position  (including  partial
  displacement such as reduction in the hours of non-overtime work,  wages
  or  employment  benefits)  or  result  in  the  impairment  of  existing
  contracts for services or collective  bargaining  agreements;  (ii)  the
  employment  or  assignment of a participant or the filling of a position
  when any other person is on layoff  from  the  same  or  any  equivalent
  position  or  the  employer has terminated the employment of any regular
  employee or otherwise reduced its workforce with the effect  of  filling
  the  vacancy  so  created  with  a participant assigned pursuant to this
  section; (iii) any infringement of the promotional opportunities of  any
  current  employed  person; or (iv) the performance, by such participant,
  of a substantial portion of the work ordinarily and  actually  performed
  by regular employees; or (v) the loss of a bargaining unit position as a
  result  of work experience participants performing, in part or in whole,
  the work normally performed by the employee in such position;
    (f) such assignment is not at any  work  site  at  which  the  regular
  employees  are  on  a  legal  strike  against  the employer or are being
  subjected to lock out by the employer.
    3. The public employer shall publish  on  a  monthly  basis  a  report
  summarizing  the  employer's work experience program for the month. Such
  monthly  report  shall  include,  at  a  minimum,  summary   information
  regarding  the  agencies or departments where participants are assigned,
  work locations, job duties and  assignments,  hours  worked  and  period
  worked  and  shall  be  provided  to the certified collective bargaining
  representative and may  not  be  disclosed  to  any  other  party.  Such
  certified  collective  bargaining  representative  shall take reasonable
  steps to protect the confidentiality of such information and shall  take
  reasonable  steps  to  prevent  disclosure  of  same  to  non-authorized

  persons. Every report provided pursuant to this section shall contain  a
  warning  against  re-disclosure and asserting the confidentiality of the
  information therein provided.
    * 4.  In assigning a recipient who is a non-graduate student attending
  CUNY,  SUNY  or  other  approved  non-profit  education,   training   or
  vocational  rehabilitation  agency,  the  social services district must,
  after consultation with officials of  CUNY,  SUNY  or  other  non-profit
  education,  training  or  vocational  rehabilitation  agency, assign the
  student to a work site on campus, where the recipient is  enrolled,  and
  shall  not  unreasonably  assign the student to hours that conflict with
  the  student's  academic  schedule,  if  an  approved  work   experience
  assignment  is  available.  Where such work experience assignment is not
  available, the social services district shall, to the  extent  possible,
  assign  the  student  to  a work site within reasonable proximity to the
  campus where the recipient is enrolled and shall not unreasonably assign
  the student to hours that conflict with the student's academic schedule.
  Provided, however, in order to qualify for a work experience  assignment
  on-campus,  or  in  close  proximity  to  campus,  a student must have a
  cumulative C average, or its equivalent.  The  district  may  waive  the
  requirement  that  the  student  have  a  cumulative  C  average  or its
  equivalent for undue hardship based on: (i) the death of a  relative  of
  the  student;  (ii)  the  personal  injury or illness of the student; or
  (iii) other extenuating circumstances.
    * NB Effective until June 30, 2010
    * 4. In assigning a recipient who is a student attending CUNY, SUNY or
  other   approved   non-profit   education,   training   or    vocational
  rehabilitation   agency,   the  social  services  district  must,  after
  consultation with officials of CUNY, SUNY or other non-profit education,
  training or vocational rehabilitation agency, assign the  student  to  a
  work  site  on  campus,  where the recipient is enrolled, if an approved
  work experience assignment is  available.  Where  such  work  experience
  assignment  is not available, the social services district shall, to the
  extent possible, assign the student to a  work  site  within  reasonable
  proximity  to  the  campus  where  the  recipient is enrolled. Provided,
  however, in order to qualify for a work experience assignment on-campus,
  or in close proximity to campus, a student  must  have  a  cumulative  C
  average,  or its equivalent. The district may waive the requirement that
  the student have a cumulative C average  or  its  equivalent  for  undue
  hardship  based on: (i) the death of a relative of the student; (ii) the
  personal injury or illness of the student; or  (iii)  other  extenuating
  circumstances.
    * NB Effective June 30, 2010