729.14 Vending facility employees.
(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, physical or
mental disability or political affiliation of the applicant for employment.