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What is NYC AC § 21-505?

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This section outlines the responsibilities of sponsoring and affiliated organizations in creating and managing positions for participants. It mandates that these organizations consider participants' training and experience when placing them in roles, and prohibits placement with for-profit employers. Applies to organizations involved in transitional jobs programs.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 21-505 Duties of the sponsoring and affiliated organization.

AC § 21-505

a. The sponsoring organization shall create positions for participants that are comparable to the positions of other employees in such organization. In creating such positions, the sponsoring organization shall consider the responsibilities associated with a particular position and the participant's training and prior work experience. b. In those cases where the sponsoring organization is unable to provide a certified individual with an appropriate position, such sponsoring organization shall facilitate employment with an affiliated organization in a position comparable to the positions of other employees in such affiliated organization. In providing such a position, the affiliated organization shall consider the responsibility associated with a particular position and such certified individual's training and work experience. c. The sponsoring organization shall provide case management to participants employed by such organization or by such organization's affiliated organization. The affiliated organization shall not be responsible for providing case management to the participant. d. Neither a sponsoring nor an affiliated organization may place a certified individual in a position with a for-profit employer. e. A community-based organization that is a trade union may only place certified individuals in apprenticeship and pre-apprenticeship programs that are offered by such trade unions. f. A community-based organization shall certify to the commissioner that such organization has not, in the past five years, been convicted of a felony or a misdemeanor the underlying basis of which involved workplace safety and health or labor standards. Such community-based organization shall also certify to the commissioner as to all violations issued by the New York state department of labor. A community-based organization that submits false information under this subdivision shall not be permitted to be a sponsoring or affiliated organization in the transitional jobs program. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2000/014.

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