New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED
Part 729 - BUSINESS ENTERPRISE PROGRAM
Section 729.14 - Vending facility employees
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Licensees placed as managers of vending facilities are responsible for hiring all vending facility employees. Licensees must notify the commission of any vacancies that occur or will occur. With the exception of licensed motor vehicle operators who may be employed to assist a licensee service a vending facility consisting of vending machines at more than one location, licensees must give priority for employment to qualified licensed blind individuals awaiting placement in the Business Enterprise Program.
(b) All wage rates paid by a licensee to an employee must be determined by the licensee and approved by the commission, taking into account the size and projected sales revenue of the vending facility together with local practices regarding wages. In no event may any employee be paid less than the legal minimum wage.
(c) Licensees must provide supervision and training to all employees, and are responsible for their job performance and conduct at the vending facility. In the event of an extended absence of the licensee, the commission may supervise and dismiss vending facility employees, where such action is required to operate a vending facility in accordance with this Part.
(d) Licensees must comply with the New York State Human Rights Law, the regulations promulgated pursuant thereto, and applicable Federal laws and regulations to assure that in the selection of employees for vending facilities, there is no discrimination because of sex, race, age, creed, color, national origin, sexual orientation, military status, marital status, physical or mental disability, political affiliation, domestic violence victim status, predisposing genetic characteristics or any other basis prohibited by the Executive Law sections 291-296 of the applicant for employment.
