Provides that participants in subsidized public sector employment programs shall have substantially the same status under the Taylor law as other employees

Title of bill

An act to amend the civil service law, in relation to the status of subsidized public sector employment program workers under the public employees' fair employment act

Purpose

This bill provides that participants in subsidized public sector employment programs such as the Work Experience Program (WEP) shall have substantially the same status under the Taylor Law as other employees.

Summary of provisions

Section 1 adds a new paragraph (h) to subdivision 7 of §201 of the Civil Service Law to deem that the term "public employee" includes participants in subsidized public sector employment programs, and provides that such participants shall be treated as members of the appropriate bargaining unit of the employees of the program sponsor.

Justification

One of the purposes of welfare reform was to transform public assistance recipients into working, contributing members of our society. In order to accomplish this goal, it is essential that recipients be treated the same as other workers in terms of wages, benefits and labor laws, including the right to organize and join unions. Unfortunately, some municipalities that employ recipients in a workfare program view them as a source of cheap labor. These workers are often provided with inferior wages and working conditions and no benefits. Participants from New York City's work experience program (WEP) have shared their concerns with legislators, which included the denial of such basic protections as gloves while removing garbage for the City.

WEP workers have had to resort to the courts to obtain equal treatment. The courts have agreed that they must be treated equally. In Brukhman v. Giuliani, the New York County Supreme Court ruled that WEP workers must be paid the same prevailing wage that New York City pays its employees for similar work. Earlier that year, the Court ruled in Davila v. Hammons that New York City must evaluate the skills and educational levels of workfare recipients before randomly placing them into positions where they were not even paid minimum wages or benefits. This bill will provide workfare recipients with the same rights as other public employees. Establishing their rights by law will eliminate the need to seek judicial relief when they are treated unequally.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the state civil service commission is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.