Commuter Benefits
New York City’s Commuter Benefits Law requires employers with 20 or more full-time, non-union employees in New York City to offer their full-time employees the opportunity to use pre-tax income to purchase qualified commuter benefits.
Who is Covered?
Most full-time employees working an average of 30 hours or more per week become eligible for the benefit after four weeks from the moment that the full-time employment began.
What do I do if my employer fails to offer me a commuter benefit?
If you believe your employer is not complying with the commuter benefit law, you can contact the Department of Consumer and Worker Protection (DCWP) via their questions online form[1] or by calling 311.
Visit the Department of Consumer and Worker Protection (DCWP) for more details on Commuter Benefits.[2]
Rights When Using an Employment Agency
An employment agency is one that charges a fee to help employers find employees and jobseekers find work. Employment agencies must have a license from the Department of Consumer and Worker Protection (DCWP) to operate in New York City and cannot charge you a fee before they place you in a job. Further, they cannot charge for other services such as training or certification. Agencies must give you a contract and receipts and cannot charge fees beyond the maximum set by state law.
According to the New York State Attorney General,[3] the fees that employment agencies can charge in 2024 are listed as follows:
| If the job is as a: | Then the maximum fee allowed is: | |
|---|---|---|
| Class A | domestic, household employee, unskilled or untrained manual worker |
|
| Class A1 | non-professional trained or skilled industrial worker or mechanic |
|
| Class B | most other jobs, except theatrical and nursing jobs which have special rules |
|
You can check if the employment agency you want to work with holds a license from the Department of Consumer and Worker Protection (DCWP) by using this online search tool.[4]
You can file a complaint with the Department of Consumer and Worker Protection (DCWP) by using their online form[5] or by calling 311 and say, “Employment Agency Complaint.”
For more information about your rights when using an employment agency, visit the Department of Consumer and Worker Protection’s (DCWP) website.
Automated Employment Decision Tools
Employers and employment agencies cannot use an automated employment decision tool (AEDT) in New York City unless they ensure they have performed a bias audit. Employers and employment agencies must also provide required notices to employees and job candidates. Further, employers and employment agencies using an Automated Employment Decision Tool must post the results of the bias audit.
You have a right to know!
If employers or employment agencies use an Automated Employment Decision Tool to substantially help them assess candidates at any point in the hiring or promotion process, they must notify employees and job candidates who are residents of New York City that they are using an AEDT. Further, they must also notify candidates about the job qualifications or characteristics the AEDT will assess.
If you believe that an employer or employment agency has violated the law, you can file a complaint with the Office of Labor Policy & Standards (OLPS) of the Department of Consumer and Worker Protection (DCWP) at 212-NEW-YORK (212-639-9675) or 311 and saying “AEDT.”
Review the Department of Consumer and Worker Protection (DCWP) Frequently Asked Questions document[6] for more information.
[1] See https://a866-dcwpbp.nyc.gov/worker-complaint/ask-question?topic=transit-benefits.
[2] See DCWP – Commuter Benefits Law.
[3] See https://ag.ny.gov/resources/individuals/workers-rights/employment-agencies#:~:text=An%20employment%20agency%20is%20any%20person.
[4] See https://a866-dcwpbp.nyc.gov/search.
[5] See https://a866-dcwpbp.nyc.gov/consumer-complaint/file-complaint.
[6] See https://www.nyc.gov/assets/dca/downloads/pdf/about/DCWP-AEDT-FAQ.pdf.