Title LAB, Labor

§ 774. State benefits for workers. No provision of this article shall be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including but not limited to state unemployment compensation, disability payments or worker retrai…

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

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

§ 780. Definitions. As used in this article: 1. "Defined time period" means any unit of time measurement equal to or less than the duration of an employee's shift, and includes hours, minutes, and seconds and any fraction thereof. 2. "Employee" means an employee who is not exemp…

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

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

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

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

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

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

§ 787. Enforcement. The commissioner may adopt rules and regulations implementing the provisions of this article. The commissioner shall be authorized to enforce the provisions of this article and to assess civil penalties as provided in sections two hundred fifteen and two hund…

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

§ 789. Injury reduction program. 1. Every employer subject to this section shall establish and implement an injury reduction program designed to identify and minimize the risks of work-related musculoskeletal disorders among workers involved in performing manual materials handli…

§ 790. Definitions. As used in this article: 1. The term "call center" means a facility or other operation in which employees receive phone calls or other communications, including electronic communications for the purpose of providing customer assistance or for related services…

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

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

§ 793. No conflict with collective bargaining agreements. The provisions of this article shall not apply to any: 1. Successor call center contractor that, on or before the effective date of a termination of a call center contract, agrees to assume, or to be bound by, the collect…

§ 800. Boards of inquiry in labor disputes. Where any strike, lockout, or other labor dispute exists or is apprehended, the commissioner, for the purpose of inquiring into the causes and circumstances of the dispute may, if he thinks fit, refer any matters appearing to him to be…

§ 801. Appointment; qualification. A board of inquiry for the purposes of this article shall consist of a chairman and such other persons as the commissioner shall from time to time appoint, The chairman and each appointive member of the board shall be exempt from civil service …

§ 802. Rules. The commissioner may make rules regulating the procedure of any board of inquiry, including rules relating to the attendance of witnesses, and the production of books, contracts, papers, documents and other evidence which the board may determine to be relevant to t…

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

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

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

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

§ 808. Contempt of injunction order to be tried by jury. 1. Notwithstanding any other provision of law, no person shall be punished either by fine or imprisonment for any alleged contempt arising out of any failure or refusal to obey any mandate of the court contained in or inci…

§ 810. Statement of public policy. Skilled manpower constitutes a great resource in this state. Apprenticeship programs, through supervised training and education, develop skilled craftsmen and help meet the increasing needs for such workers in the state's labor force. The conti…

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

§ 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 shall appoint a state apprenticeship and training council, composed of three representatives from employer organizations and three from employee organizations and one representative of the general public, who shal…

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

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

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

§ 816. Apprenticeship agreements. For the purposes of this article an apprenticeship agreement is: (1) An individual written agreement between an employer and an apprentice, or (2) a written agreement between an employer or an association of employers, and an organization of emp…

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

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

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

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

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

§ 820. Statement of public policy. There are persons who lack the academic and career education and training necessary to obtain and hold employment in the contemporary economy because of dislocations arising from automation and other technological developments, foreign competit…

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

§ 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 five hundred ninety-seven and of title eight of article eighteen of this chapter shall, insofar as appropriate, apply to payments authorized by this article.

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

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

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

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

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

§ 830. Contributions. The commissioner may, in carrying out the provisions of this article, accept, use, and dispose of contributions of money, services, and property.

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

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