2006 New York Code - Participants.

 
    * § 21-506 Participants.
    a.  Participation  in  the  transitional  jobs  program shall be for a
  period not to exceed twelve months.
    b. A participant who is not a member of a collective  bargaining  unit
  shall  receive  a  salary  of  not  less than fifty percent of the Lower
  Living Standard Income Level (LLSIL), as  established  annually  by  the
  United  States  department  of  labor and adjusted by the New York state
  department of labor for the New York city area using the New  York  city
  area  LLSIL  hourly  rate  based  on a thirty-hour workweek in full-year
  employment for a family of three. Notwithstanding  such  minimum  salary
  requirement,  a participant may not be compensated at a rate of pay that
  is less than that of other employees of  the  sponsoring  or  affiliated
  organization  employing such participant, who are performing the same or
  comparable work.
    c. A participant who is not a member of a collective  bargaining  unit
  shall  be entitled to the same paid holidays and benefits permissible by
  law as other employees of  the  sponsoring  or  affiliated  organization
  employing  such  participant,  who are performing the same or comparable
  work.
    d. A participant who is a  member  of  a  collective  bargaining  unit
  shall,  consistent  with  collective  bargaining  laws  and  agreements,
  receive,  at  a  minimum,  the  salary  and  benefits  provided  for  in
  subdivisions  b,  c  and  e of this section, provided however, that such
  subdivisions shall not be construed to limit the  collective  bargaining
  unit's  right  to  negotiate more favorable wages and/or any other terms
  and conditions of employment.
    e. A participant shall work the standard work hours  required  by  the
  sponsoring  or  affiliated  organization which employs such participant,
  except that in no instance shall a participant be required to work  more
  than  forty  hours  per  week.  A  participant  shall  be  excused, when
  necessary, for up to an average of  eight  hours  per  week  from  their
  scheduled  work  hours  to participate in adult education, job training,
  and job readiness or placement  services.  The  sponsoring  organization
  shall   prepare   the  participant's  work  schedule  and  may  allocate
  additional hours during any work week to be spent  on  adult  education,
  job  training,  and job readiness or placement services, so long as over
  the course of the participant's employment, no more than an  average  of
  eight  hour  per  week  is  allocated to these activities. A participant
  shall be compensated as set forth in subdivision b of this section  when
  such  participant  engages  in  adult  education,  job  training, or job
  readiness and placement services as provided for in this subdivision.
    f. A participant shall be considered an employee for purposes  of  the
  city's  human  rights  and  collective  bargaining  laws  and  any other
  applicable local laws, unless otherwise  prohibited  by  law;  provided,
  however,  that nothing herein shall limit the participant's rights under
  an applicable federal or state law.  In  implementing  the  transitional
  jobs program, the mayor or his or her designee, shall take any necessary
  and/or  appropriate  actions  to classify participants employed by local
  government agencies in accordance with all applicable civil service laws
  and consistent with the purposes of this chapter.
    * NB The validity of local law 14 of 2000 is currently  a  subject  of
  disagreement  between the Mayor and the City Council. This certification
  is not intended as a legal opinion as to the validity of the local  law,
  other than certifying the truth of the facts presented herein.