Title LAB, Labor

§ 775. No private right of action. Nothing set forth in this article\nshall be construed as creating, establishing, or authorizing a private\ncause of action by an aggrieved person against a call center employer\nwho has violated, or is alleged to have violated, any provision of…

§ 776. Regulations. The commissioner shall promulgate such rules and\nregulations as shall be necessary and proper to effectuate the purposes\nand provisions of this article.\n

§ 780. Definitions. As used in this article:\n 1. "Defined time period" means any unit of time measurement equal to\nor less than the duration of an employee's shift, and includes hours,\nminutes, and seconds and any fraction thereof.\n 2. "Employee" means an employee who is not…

§ 781. Quotas. Each employer shall provide to each employee, upon\nhire, or within thirty days of the effective date of this article, a\nwritten description of each quota to which the employee is subject,\nincluding the quantified number of tasks to be performed or materials to\…

§ 782. Protection from quotas. An employee shall not be required to\nmeet a quota that prevents compliance with meal or rest periods or use\nof bathroom facilities, including reasonable travel time to and from\nbathroom facilities. An employer shall not take adverse employment\n…

§ 783. Time on task. Consistent with existing law, paid and unpaid\nbreaks shall not be considered productive time for the purpose of any\nquota or monitoring system unless the employee is required to remain on\ncall.\n

§ 784. Recordkeeping. 1. Each employer shall establish, maintain, and\npreserve for three years contemporaneous, true, and accurate records to\nensure compliance with employee or commissioner requests for data.\n

§ 785. Right to request. 1. A current employee has the right to\nrequest a written description of each quota to which the employee is\nsubject. If a current or former employee believes that they have been\ndisciplined as the result of failing to meet a quota, or that meeting a\n…

§ 786. Unlawful retaliation. For purposes of this article, there shall\nbe a rebuttable presumption of unlawful retaliation if an employer in\nany manner discriminates, retaliates, or takes any adverse action\nagainst any employee within ninety days of the employee doing either …

§ 787. Enforcement. The commissioner may adopt rules and regulations\nimplementing the provisions of this article. The commissioner shall be\nauthorized to enforce the provisions of this article and to assess civil\npenalties as provided in sections two hundred fifteen and two h…

§ 788. Other powers. The attorney general, either upon his or her own\ncomplaint or the complaint of any person acting for themselves or the\ngeneral public, has the authority to prosecute actions, either civil or\ncriminal, for violations of this article, or to enforce the prov…

§ 789. Injury reduction program. 1. Every employer subject to this\nsection shall establish and implement an injury reduction program\ndesigned to identify and minimize the risks of work-related\nmusculoskeletal disorders among workers involved in performing manual\nmaterials ha…

§ 790. Definitions. As used in this article:\n 1. The term "call center" means a facility or other operation in which\nemployees receive phone calls or other communications, including\nelectronic communications for the purpose of providing customer\nassistance or for related ser…

§ 791. Terminated call center contract. 1. Before termination of a\ncall center contract in circumstances where a successor call center\ncontractor will undertake to provide services that were the subject of\nthe terminating contract, the terminating call center contractor shall…

§ 792. Entering into a call center contract. 1. Whenever a\ngovernmental body shall undertake to procure call center services using\na call center contractor, the governmental body may require that the\ncall center contract with such entity includes the obligation pursuant\nto t…

§ 793. No conflict with collective bargaining agreements. The\nprovisions of this article shall not apply to any:\n 1. Successor call center contractor that, on or before the effective\ndate of a termination of a call center contract, agrees to assume, or to\nbe bound by, the co…

§ 800. Boards of inquiry in labor disputes. Where any strike, lockout,\nor other labor dispute exists or is apprehended, the commissioner, for\nthe purpose of inquiring into the causes and circumstances of the\ndispute may, if he thinks fit, refer any matters appearing to him to…

§ 801. Appointment; qualification. A board of inquiry for the\npurposes of this article shall consist of a chairman and such other\npersons as the commissioner shall from time to time appoint, The\nchairman and each appointive member of the board shall be exempt from\ncivil serv…

§ 802. Rules. The commissioner may make rules regulating the\nprocedure of any board of inquiry, including rules relating to the\nattendance of witnesses, and the production of books, contracts, papers,\ndocuments and other evidence which the board may determine to be\nrelevant …

§ 803. Witnesses; production of documents; subpoenas and commissions.\nA board of inquiry shall have power, if and to such extent as may be\nauthorized by rules made under this article, to require any person who\nappears to the board to have any knowledge of the subject matter o…

§ 804. Reports; confidential information. A board of inquiry shall,\nafter investigation, make a final report to the commissioner as to the\nmatters referred to it and may make interim reports. Unless the strike,\nlock-out or other industrial dispute is terminated or adjusted pr…

§ 805. Personnel; compensation. 1. The commissioner by official order\nmay assign to the work of the board, or any part thereof, any officer or\nemployee of the department, who shall perform such services under this\narticle as the commissioner may direct. The persons so appoint…

§ 807. Injunctions issued in labor disputes. 1. No court nor any judge\nor judges thereof shall have jurisdiction to issue any restraining order\nor a temporary or permanent injunction in any case involving or growing\nout of a labor dispute, as hereinafter defined, except after…

§ 808. Contempt of injunction order to be tried by jury. 1.\nNotwithstanding any other provision of law, no person shall be punished\neither by fine or imprisonment for any alleged contempt arising out of\nany failure or refusal to obey any mandate of the court contained in or\n…

§ 810. Statement of public policy. Skilled manpower constitutes a\ngreat resource in this state. Apprenticeship programs, through\nsupervised training and education, develop skilled craftsmen and help\nmeet the increasing needs for such workers in the state's labor force.\nThe c…

§ 811. Powers and duties of industrial commissioner; personnel. 1. The\nindustrial commissioner shall have the following powers and duties:\n (a) to encourage and promote the making of apprenticeship agreements\nconforming to the standards established by or pursuant to this arti…

§ 812. Related and supplemental instruction. Related and supplemental\ninstruction for apprentices, coordination of instruction with job\nexperience, and the selection of teachers and coordinators for such\ninstruction shall be the responsibility of state and local boards\nrespo…

§ 813. State apprenticeship and training council. 1. The governor\nshall appoint a state apprenticeship and training council, composed of\nthree representatives from employer organizations and three from\nemployee organizations and one representative of the general public, who\n…

§ 813-a. Annual reports by apprenticeship programs. 1. On an annual\nbasis, all apprenticeship programs covered under the provisions of this\narticle shall report to the department on the participation of\napprentices currently enrolled in such apprenticeship program. The data\n…

§ 814. Local, regional and state joint apprenticeship committees.\nLocal and state joint apprenticeship committees may be approved, in any\ntrade or group of trades, in cities, regions of the state or trade\nareas, by the industrial commissioner, whenever the apprentice training…

§ 815. Suggested standards for apprenticeship agreements. Suggested\nstandards for apprenticeship agreements are as follows:\n 1. A statement of the trade or craft to be taught and the required\nhours for completion of apprenticeship which shall be not less than four\nthousand h…

§ 816. Apprenticeship agreements. For the purposes of this article an\napprenticeship agreement is:\n (1) An individual written agreement between an employer and an\napprentice, or (2) a written agreement between an employer or an\nassociation of employers, and an organization o…

§ 816-a. Apprenticeship assistance in all political subdivisions of\nthe state. any political subdivision of the state may provide financial\nassistance, within the amounts appropriated therefor, for the purpose of\npromoting non-profit apprentice training programs within such p…

* § 816-b. Apprenticeship participation on certain governmental\ncontracts. 1. For purposes of this section:\n (a) "governmental entity" shall mean the state, any state agency, as\nthat term is defined in section two-a of the state finance law,\nmunicipal corporation, commission…

§ 817. Limitation. The provisions of this article shall apply to a\nperson, firm, corporation or craft only after such person, firm,\ncorporation or craft has voluntarily elected to conform with its\nprovisions.\n

§ 818. Separability. If any provision of this article or the\napplication thereof to any person or circumstances, is held invalid, the\nremainder of the article, and the application of such provision to other\npersons and circumstances, shall not be affected thereby.\n

§ 819. Training of persons in the repair and reconditioning of slot\nmachines. Possession of a slot machine shall be permitted where such\npossession is necessary to facilitate the training of persons in the\nrepair and reconditioning of such machines by entities not subject to\…

§ 820. Statement of public policy. There are persons who lack the\nacademic and career education and training necessary to obtain and hold\nemployment in the contemporary economy because of dislocations arising\nfrom automation and other technological developments, foreign\ncomp…

§ 821. State training courses. The commissioner may provide for career\nand related, institutional and on-the-job training courses as described\nin section five hundred ninety-nine of this chapter and for the\nadministration of public work projects for recipients of public\nassi…

§ 822. Authorization and standards for allowances. The commissioner,\nin accordance with standards established by him, may pay to a person\nenrolled in such courses, training, subsistence, and transportation\nallowances. In setting standards for:\n 1. training allowances, the co…

§ 823. Applicability of other provisions. The provisions of section\nfive hundred ninety-seven and of title eight of article eighteen of this\nchapter shall, insofar as appropriate, apply to payments authorized by\nthis article.\n

§ 825. Multipurpose service centers. 1. Upon receipt of federal\nfunding designated to assist displaced homemakers, the commissioner\nshall establish multipurpose service centers for displaced homemakers\nwhich shall provide the following:\n (a) job counseling services which sha…

§ 826. Definitions. For purposes of this article:\n 1. The term "displaced homemaker" means an individual who:\n (a) has worked in the home, providing unpaid household services for\nfamily members;\n (b) is not gainfully employed;\n (c) has had, or would have difficulty in secur…

§ 827. Study of federal programs. The commissioner shall:\n 1. In consultation with appropriate heads of agencies, prepare and\nfurnish a study to determine the feasibility of and appropriate\nprocedures for allowing displaced homemakers to participate in:\n (a) programs establi…

§ 828. Selection and administration of centers. 1. In selecting sites\nfor the centers established under this article, the commissioner shall\nconsider:\n (a) the location of any existing facilities for displaced homemakers\nand of any existing services which might be incorporat…

§ 829. Evaluation. The commissioner, in consultation with appropriate\nheads of departments, shall prepare and furnish to the legislature a\nreport, not later than one year after the effective date of this\narticle, on the centers established under this article, including:\n 1. …

§ 830. Contributions. The commissioner may, in carrying out the\nprovisions of this article, accept, use, and dispose of contributions of\nmoney, services, and property.\n

§ 831. Nondiscrimination. No person shall on the ground of sex, age,\nrace, color, religion, or national origin be excluded from participating\nin, be denied the benefits of, or be subjected to discrimination under,\nany program or activity funded in whole or in part with funds …

§ 835. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n 1. "Additional dislocated workers" means a displaced homemaker who is\nan individual who:\n (a) was a full-time homemaker for a substantial number of years; and\n (b) …

§ 836. Administration. Except as is otherwise provided herein, the\nadministration of the worker adjustment program shall be carried out by\nthe department in consultation with the department of economic\ndevelopment, state education department, state university of New York,\nci…