At a press conference to denounce the scams perpetuated against job seekers in his district, Assemblymember Jose Peralta announced that he had introduced a bill to create a “Job Seeker’s Bill of Rights.”
“These rights are based on current law, but there is nothing that requires [the Department of] Consumer Affairs to put them in pamphlets,” said Peralta, about the city agency responsible for licensing employment agencies. “Supposedly these agencies are registered. Supposedly they have licenses, but there is not enough enforcement.”
The enforcement Peralta seeks is twofold. Through the seven-point Bill of Rights job seekers would be empowered with information about what the law requires of employment agencies so that if the job seeker suspects that they have been charged an illegal fee, they are encouraged to call 3-1-1. In addition, Peralta wants Consumer Affairs to increase the daily fine for a violation from $100 to $500 in the hopes that a stiffer fine would force these agencies to shut down for good.
“Consumer Affairs can change this. Now the agencies can pay off the fine with one new person,” said Peralta.
The issue stems from several complaints lodged with the Assemblymember and the local immigrant resource organization, Make the Road New York, about employment agencies who would collect fees from $100 to $150 to help place job seekers at jobs that did not exist. When the job seeker requested their money back, they were denied a refund.
“Sometimes this is the last $100 that they have to maintain their families with, and they can’t get it back,” said Julissa Bisonó, a community organizer with Make the Road, who added that in 2005 Consumer Affairs did a sweep along Roosevelt Avenue but now the agencies were back because they saw the opportunity. “I want people to get together and say they are not going to take it any more.”
According to figures read by Peralta, there are 348 employment agencies in New York City. In Jackson Heights alone, from 2007 to 2009, Consumer Affairs issued orders to close nine businesses, for unlicensed activity and issued 109 violations, a department spokesperson said. One of these closed agencies included People Helping People, which defrauded the three victims that turned to Peralta and Make the Road for help.
“We are all humans, and it’s not fair that they are doing this to us,” said Rocío Ayala, who paid $100 for a lead to a cleaning job at a hotel. When she and Rosalba Guerrero, another victim, went to the location on Astoria Boulevard, they found that there was no job available.
The two then returned to the People Helping People agency, demanded their money back and threatened to call the police. They were told to “call the police” and that “in front of the police we’ll tell you the same thing.”
“It is not possible that in an agency where Hispanics work, they are doing this to other Hispanics,” said Guerrero.
In an email statement to The Queens Courier, Consumer Affairs Commissioner Jonathan Mintz said, “Last year, the Department of Consumer Affairs’ launched an unprecedented enforcement sweep of employment agencies and a multilingual campaign to inform the public about protections they have against these unscrupulous businesses and that we are here to help. We are delighted to have the Assemblyman add his voice to this important issue.”
“Whether it’s shutting down an unscrupulous agency or getting someone their money back, Consumer Affairs is on high alert to protect New Yorkers, regardless of immigration status. City residents with complaints or concerns about an employment agency should use the city’s trusted 3-1-1 service.”
