Frequently Asked Questions

1. How much does it cost to use America's Job Bank?
There is no charge to employers to list their job vacancies or search the resume file for potential candidates. The services provided by America's Job Bank and State Employment Services programs are funded by Unemployment Insurance taxes paid by employers.

2. Why do I have to register?
Registration is necessary to ensure data integrity. Service is limited to U.S. employers, employment agencies, or other organizations that have job openings available and do not charge a fee to job seekers.

3. I do not have a Federal Employment Identification Number (FEIN) or a State
Unemployment Insurance Tax ID Number. Can I still use America's Job Bank?
Yes. Each state is responsible for validating their employers as part of the registration process. If there is a problem, you will be contacted by either AJB or State staff.

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Counsel's Office

1. What are the legal types and amounts of deductions, which may be taken out of an employee's wages?
Labor Law, Section 193, which covers deductions from an employee's wages by an employer, provides that no such deductions shall be made except those that are expressly authorized in writing by the employee and are for the benefit of the employee. Such authorizations must be kept on file on the employer's premises. Furthermore, Title 12 of the New York State Code, Rules and Regulations, Section 195.1 provides that any such deductions from wages not exceed 10 percent of the employee's gross wages for the payroll period in question.

2. When must overtime rates be paid to employees and how much are such rates?
Title 12 of the New York State Code, Rules and Regulations, Section 142-2.2, provides that an employer shall pay an employee for overtime at the rate of one and a half times the employee's regular rate in the manner and methods provided in, and subject to, the exceptions of Sections 7 and 13 of 29 USC 201 et. Seq., the Fair Labor Standards Act of 1938. In addition, "an employer shall pay employee's subject to the exemptions of Section 13 of the Fair Labor Standards Act … overtime at a wage rate of one and a half times the basic minimum hourly rate." For nonresidential employees, the overtime rate applies to working time over 40 hours in each workweek. For residential employees, the overtime rate applies to working time over 44 hours in each workweek.

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Division of Employment Services

Employment Service Offices

1. What recruitment services are available through the New York State Department of Labor's Division of Employment Services?
The New York State Department of Labor offers employers exposure to the wildest possible selection of qualified job seekers. Employer job openings for all levels of employees (from laborers to executives) are electronically listed and immediately linked to NYSDOL offices within New York State, as well as to our partner agencies and libraries. Our QuickLink computerized matching system ensures that the applicants provided will meet the unique skills required for your position. Exceptionally hard-to-fill jobs are also linked through America's Job Bank to 2,200 State DOL offices across the country.

2. What Human Resources consultation services are available from the New York State Department of Labor's Division of Employment Services?
The New York State Department of Labor's Human Resources Consultants can help you shape productive personnel policies. The many services these trained specialists provide include resolving personnel issues, developing and classifying job descriptions, writing or revising employee handbooks, assisting with absenteeism and turnover studies, and reviewing individual employer personnel policies and problems. Employers relocating from Canada or other countries have found these services especially useful.

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Employer Services Unit

The Employer Services Unit informs and assists NYS employers on a variety of topics. An emphasis is placed on ensuring that employers understand the New York State Department of Labor's programs and how they affect day-to-day operations. Technical support is provided to Employer Services Representatives and Human Resources Consultants on a statewide basis to ensure service and program delivery is appropriate to meet employer needs and concerns and to promote the New York State Department of Labor's programs and services for job seekers.

1. What hiring incentive programs are available to employers?
Wage tax credits are available to employers for hiring targeted employees under Work Opportunity Tax Credit (WOTC), Economic Development Zone Program (EDZ), Zone Equivalent Area Program (ZEA), Welfare-to-Work Tax Credit (W2W), and Workers with Disabilities Employment (WETC) tax credit. For more information on tax incentives for hiring targeted populations, call 1 (800) HIRE-992 (447-3992).

2. How do I list a job opening with the NYS Department of Labor?
Call your nearest NYS Department of Labor office, or call 1 (800) HIRE-992 (447-3992) for more information. (See Section 1: America's Job Bank, for additional information).

3. I need assistance with expanding and financing my business so that I can add additional employees. What can I do?
It is critical that you receive advice from a business counselor. New York State provides free counseling for business owners through our Small Business Development Centers. Most are located on State University of New York campuses.

Division of Equal Opportunity Development

1. How does the Americans With Disabilities Act affect my business?
This federal law forbids discrimination in employment against a job-qualified individual with a disability who can perform the essential functions of that job, with or without a reasonable accommodation. It demands non-discrimination in labor-management situations, such as job application procedures, hiring, advancement, discharge, compensation, and training; however, the law does not demand that employers give preference to workers with disabilities over those without disabilities.

2. Is a small business employer required to adhere to the reasonable accommodation provisions of the Americans with Disabilities Act?
An employer with four or more employees is required to provide a reasonable accommodation.

3. If an employer has a question regarding its responsibilities under the Americans with Disabilities Act, whom can they contact?
An employer can contact the nearest office of the New York State Advocate for Persons with Disabilities. If there is no local office available, the employer can contact the central office for the New York State Advocate for Persons with Disabilities at (518) 473-4129.

Division of Labor Standards

1. What is the New York State minimum wage?
The minimum wage is $5.15 an hour for covered employees under Article 19, Section 652 of the New York State Labor Law. Employers are required to post a New York State Minimum Wage poster (available from the Division of Labor Standards). Our wage rate is now tied to the Federal minimum wage and as such will reflect future Federal minimum wage increases.

Note: The legal minimum wage should not be the deciding factor in adopting a wage. Our Division of Research and Statistics (Section 6) can help you determine what the typical pay rates and benefits are in your region for workers in the job category you are trying to fill.

2. Are all workers in New York State covered by the minimum wage requirements?
Most workers are covered, including most domestic workers. Exceptions are as follows:

· Part-time babysitters in the home of the employer
· Companions to sick or elderly people who live in the home of an employer and whose principal duties do not include housework
· Executives, administrators and professionals
· Outside salespersons
· Taxicab drivers
· Ministers and members of religious orders
· Government employees (except certain non-teaching employees employed by a school district or board of cooperative educational services)
· Volunteers, learners and apprentices, and students, if working in nonprofit institutions

3. What are the overtime rates
For covered employment, the minimum hourly rate is one and one-half times the regular rate after 40 hours in any week. Employees who work in a bona-fide executive, administrative, or professional capacity are not subject to overtime requirements, nor are farm workers or taxi cab drivers.

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Division of Research and Statistics

1. What are the weekly/annual wages for _____ occupation? What are typical starting wages by occupation? Where can I get timely wage information for jobs in a particular region or area of New York State? Where can I get the prevailing wage for an occupation?
The Department prepares wage data for the State and the ten regions, which is available in the Occupational Outlook and Wages publication. These wages are gathered from job orders (job openings listed with the NYSDOL by an employer) and prior earnings of unemployment insurance beneficiaries. While they are not "prevailing wage" for an occupation, and are subject to a number of limitations, they can be used as a rough guide to the wage structure of an occupation within the area. Prevailing wages has many meanings to the Department.

2. What is the latest unemployment rate for our area?
This information is available through the local labor market analyst and is updated monthly. You might also want to try accessing this and other information on the Internet at http://www.labor.state.ny.us/html/pressrel/prtbur.txt.

3. Where can I get the prevailing wages to bid on a government contract? What is the prevailing wage that government contractors must pay to their workers?
The Authorizing Agent or Architect should obtain prevailing wages for government contracts for the project by contacting the prevailing wage unit in Albany at (518) 457-5589. A contractor bidding on the contract should contact the Authorizing Agent. If you are a subcontractor, you should get the prevailing wage data from your general contractor. Prevailing wage data is available on the Internet at http://www.labor.state.ny.us/html/prevwage.htm.

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Division of Safety and Health and Associated Programs

1. What does Industrial Code Rule 56 (ICR 56) mandate for asbestos?
ICR 56 does not mandate the abatement of asbestos. If an asbestos abatement or project is to be performed or a disturbance occurs, ICR 56 must be followed. It requires the licensure of all asbestos contractors, certification of all workers on an asbestos project, notification to the New York State Department of Labor of the asbestos project, adherence to specified work practices and engineering controls, specified collection of air samples and notice to building occupants.

2. When is a variance needed from Industrial Code Rule 56, Asbestos, and how is a request for a variance prepared?
You may call the Engineering Services Unit and talk to one of the engineers and you may request a copy of the ESU publication, "How to prepare a Request for an Asbestos Variance."

3. Is there a charge for the on-site consultation services?
There is no charge for our assistance. The service is free, voluntary, and staffed by experienced safety and industrial hygiene consultants.

1. I employ students during summer vacation. Are their wages subject to UI taxes?
Wages paid to college students are treated in the same manner as wages paid to any employee. High school student wages are also taxable to New York State, only because they are taxable under the Federal Unemployment Tax Act (FUTA). Please note, however, that they are only taxable if the employer is subject to FUTA. Also, high school and elementary school students who are employed by nonprofit organizations and governmental entities are covered by unemployment insurance and are entitled to collect benefits in certain circumstances. Further information can be found in Form IA 318.10, which can be obtained by calling (518) 485-8589. For further information on FUTA, you should contact the Internal Revenue Service.

2. The claimant voluntarily left his employment here to take another job (or was discharged for misconduct), and now my account is being charged for his unemployment benefits. Why?
Prior to April 19, 1999, only the reason for separation from the claimant's last employment prior to filling a claim could be used to determine eligibility for benefits. As long as the claimant was unemployed through no fault of their own, and met all eligibility requirements, all of the claimant's base period employers were potentially chargeable for some portion of his benefits.

However, effective April 19, 1999, any separation under disqualifying conditions during the base period will render the claimant ineligible until the claimant has worked in subsequent employment and has earnings of at least five times their benefit rate. Any questions regarding this issue should be sent, in writing, to the Liability and Determination Section.

3. How do you determine who is an independent contractor and who is an employee?
The New York State UI Law does not define an independent contractor. It contains a very broad definition of employment as any service performed under a contract of hire. Case law has held that employment exists when there is a right to supervise, direct and control the services performed. Relationships are examined on a case-by-case basis to determine if supervision, direction and control are being exercised over the services rendered. Determinations regarding employee or independent contractor status are issued by the Liability and Determination Section, and may be obtained by providing a detailed description of the services being rendered. The Department of Labor publication, "Independent Contractors," (Form IA 318.14), contains more information on the subject, and may be obtained by calling (518) 485-8589.

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Welfare-To-Work Division

1. We've heard a lot about welfare reform. What exactly does it mean?
In August of 1996, the Personal Responsibility and Work Opportunity Reconciliation Act was signed into law, which authorized the Temporary Assistance for Needy Families program or what is commonly referred to as TANF. New York State began participation under this program in December 1996 when the federal government accepted the State plan.

The TANF program established sweeping changes in the nation's welfare programs. Some of the most important changes included:

· Limiting the receipt of welfare benefits to five years in a lifetime. The previous welfare program did not have limits. The State welfare program, called the Safety Net, limits the receipt of benefits to two years in a lifetime.
· Providing federal funds to states in the form of block grants. Welfare is no longer an entitlement program.
· The establishment of an escalating participation rate. This means that increasing numbers of welfare recipients each year must be involved in programs that will help them become self-sufficient. Failure to meet these rates could result in federal sanctions.
· The New York State Department of Labor, along with several other state and local agencies, is continuing to implement welfare reform. We are confident that these efforts will result in a stronger New York State for years to come.

2. What does welfare reform mean to employers?
The reforms at both the federal and state levels provide governments with more flexibility in operating their programs. This flexibility allows them to better meet the needs of employers by offering programs and incentives that will help employers hire welfare recipients. These programs and incentives include the following:

· The Work Opportunity Tax Credit (WOTC) and the Welfare-to-Work (W2W) Tax Credit. Both are available to employers who hire welfare recipients and other targeted individuals.
· Childcare and transportation to keep recipients on the job.
· Developing training programs to meet the specific needs of employers.
· Screening job applicants to fill job vacancies.
· Other employer services such as Human Resources consultations.

3. How does an employer get started?
To get started, employers can call the Employer Hotline at (315) 386-3276. Information regarding all of the programs offered by the Workforce Investment Board is available through the One Stop Career Center; or surf our Website.

Affiliated Agencies

New York State Department of Labor
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St. Lawrence-Lewis Board of Cooperative Education Services (BOCES)
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St. Lawrence County Chamber of Commerce
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St. Lawrence County Department of Social Services

1. Do I have to travel to Canton to apply for services under a particular program?
You can request an application by telephone or mail, but most programs require a personal interview.

2. Do I have to fill out a separate application for each service I wish to receive?
Not necessarily, it depends on what mix of services you want to receive. Before you start filling out any paperwork, make sure you understand what services are available and the requirements under those programs.

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St. Lawrence County Office for the Aging

1. How old do I have to be to be eligible for Office for the Aging services?
All programs except the SCSEP Employment program, require an individual to be at least sixty years of age or older. For the Employment program, one must be at least fifty-five years of age.

2. What if I can't pay for the service?
For the majority of our programs, no one is denied service if unable to pay. Donations are encouraged; fees are not mandated.

3. How do I apply or request information about Office for the Aging services?
Contact our office at 315-379-2204 and you will be referred to the appropriate department to assist you with your requests and questions. A confidential intake form may be completed over the phone prior to initiating service.

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St. Lawrence County Youth Bureau

1. What is the Youth Bureau?
The Youth Bureau is a Department of St. Lawrence County Government established in 1978. Reimbursement funds for the Office and programs come from the New York State Office of Children and Family Services and St. Lawrence County.

2. How can I apply for Youth Bureau State Funds?
The state aid funds through the Youth Bureau are Recreation, Youth Service, Youth Initiative and Special Delinquency Prevention. The applicant needs to be either a municipality or an incorporated agency/program. A letter of intent should be sent to the Youth Bureau stating which item of priority they would be addressing as per the County Comprehensive Plan.

3. What types of programs does the Youth Bureau fund?
The programs funded through the Youth Bureau are recreation (leisure activity), youth service (educational, cultural), youth initiative and special delinquency (juvenile justice).

1. Will the VA pay for my Doctor's Bills?
No, but, the VA will provide either free or very low cost health care
for veterans. However, the veteran must go to the VA for this care.
Example: Prescriptions are a $2.00 Co-Pay.

2. My spouse, a veteran, died. Will the VA give me a marker?
Yes. The VA will provide a marker for the unmarked grave of a veteran.
The person requesting the maker is responsible for placement costs if there
are any. The VA will also replace old markers that have become damaged or
unserviceable due to weathering or vandalism.

3. I can't work any longer due to my ill health. Can the VA do anything?
If a wartime veteran (verified by dates of service on discharge papers
[DD Form 214]), there is a disability pension. A Doctor's statement is
needed to verify the disability.