As of this Friday, June 10, construction labor providers must have a license to practice in the state of New York, according to the commissioner of the Department of Consumer and Worker Protection (DCWP, by its acronym in English), Vilda Vera.
According to a statement on the department’s website, these providers, which are also known as body shops or temporary work agencies, are companies that supply temporary workers to external clients for non-union construction work.
Guarantee rights. The document notes that the law also requires these providers to provide employees with a notice of rights, a certification notice and an assignment notice in a language the worker understands.
- “Temporary construction workers are often immigrants or people re-entering the workforce and are vulnerable to mistreatment and fear retaliation for reporting abuse,” said Vera Mayuga.
- It adds that the measure is intended to ensure that employing companies are licensed, inform the department regarding their business operations, keep records and provide their workers with information regarding their rights and responsibilities. This “will increase transparency and security in the industry,” she said.
The license. Businesses that supply temporary workers to customers to perform construction work or manual labor at job sites in New York for compensation are now required to have a DCWP construction labor provider license.
- Before that license can be issued by the department, the provider must certify that they have read the specific requirements called for by the new law.
- The cost of the license is $200 and it lasts for two years.
- For more information on licensing requirements and regulations, businesses can click here or call 311.
Who is exempt?. The DCWP exempts companies that act as: employment agency, professional organization of employers, general contractor, construction subcontractor from compliance with said requirement.
Dissemination of notices to workers. Regardless of a worker’s immigration status and criminal history, Suppliers are required to provide the following disclosures in writing to their employees and receive them back signed by each employee to indicate that they received, read and understood all required notices.
- Workers should not sign these notices unless they have received the entire notice in English and their primary language.
- Certification Notice: Tells the worker what certifications, training, or other designations are needed to do the job, the cost, and whether the construction labor provider will pay. You must receive this notice prior to being hired.
- Notice of Rights: Reveals key protections for workers, including safe and sick leave, minimum wage and overtime in the safe and healthy workplace, workers’ compensation, unemployment insurance, workplace free from discrimination and without retaliation. This notice must be given to you as soon as you are hired.
- Job Note: Tells you regarding the job assignment, any protective equipment or clothing you need for the assignment, and wages and benefits. You must receive this notice before you go to a new construction site, except in certain limited circumstances.
- Workers who do not receive required disclosures, believe their employer is unlicensed, or is violating their rights should call 311 or enter this link to file a complaint.
“Construction labor providers, also known as body shops, often take advantage of the dearth of employment opportunities for immigrant and re-entry workers and effectively force these workers into dangerous, untrained and with low wages,” says Vera Mayuga.
Main source: DCWP
