§ 21-506 Participants.
AC § 21-506
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 hours 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 any 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2000/014.
