LBD06774-23-6
S. 8102 2
responsibility of the applicant and agency manager and shall examine or
cause to be examined the premises designated in such application as the
place in which it is proposed to conduct such agency.
The commissioner shall require all applicants for licenses and agency
managers to be fingerprinted. Such fingerprints shall be submitted to
the division of criminal justice services for a state criminal history
record check, as defined in subdivision one of section three thousand
thirty-five of the education law, and may be submitted to the federal
bureau of investigation for a national criminal history record check.
THE CRIMINAL HISTORY INFORMATION, IF ANY, RECEIVED BY THE DEPARTMENT OF
LABOR SHALL BE CONSIDERED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
TWENTY-THREE-A OF THE CORRECTION LAW AND SUBDIVISIONS FIFTEEN AND
SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW. A
REASONABLE TIME BEFORE MAKING A DETERMINATION ON THE APPLICATION PURSU-
ANT TO THIS SUBDIVISION, THE DEPARTMENT SHALL PROVIDE THE APPLICANT
CRIMINAL HISTORY INFORMATION, IF ANY. WHERE SUCH CRIMINAL HISTORY INFOR-
MATION IS PROVIDED, THE DEPARTMENT SHALL ALSO PROVIDE A COPY OF ARTICLE
TWENTY-THREE-A OF THE CORRECTION LAW, AND INFORM SUCH APPLICANT OF HIS
OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED
IN SUCH CRIMINAL HISTORY INFORMATION PURSUANT TO THE REGULATIONS AND
PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
2. Any person may file, within one week after such application is so
posted [in the said office], a written protest against the issuance of
such license. Such protest shall be in writing and signed by the person
filing the same or his authorized agent or attorney, and shall state
reasons why the said license should not be granted. Upon the filing of
such protest the commissioner shall appoint a time and place for the
hearing of such application, and shall give at least five days' notice
of such time and place to the applicant and the person filing such
protest. The commissioner may administer oaths, subpoena witnesses and
take testimony in respect to the matters contained in such application
and protests or complaints of any character for violation of this arti-
cle, and may receive evidence in the form of affidavits pertaining to
such matters. If it shall appear upon such hearing or from the
inspection, examination or investigation made by the commissioner that
the applicant or agency manager is not a person of good character or
responsibility; or that he or the agency manager has not had at least
two years experience as a placement employee, vocational counsellor or
in related activities, or other satisfactory business experience which
similarly tend to establish the competence of such individual to direct
and operate the placement activities of the agency; or that the place
where such agency is to be conducted is not a suitable place therefor;
or that the applicant has not complied with the provisions of this arti-
cle; the said application shall be denied and a license shall not be
granted. Each application should be granted or refused within thirty
days from the date of its filing.
S 3. Section 179 of the general business law, as amended by chapter
632 of the laws of 1975, is amended to read as follows:
S 179. Registers and other records to be kept. It shall be the duty of
every licensed person to keep a register, approved by the commissioner,
in which shall be entered, in the English language, the date of the
application for employment, the date the applicant started work and the
name and address of every applicant from whom a fee or deposit is
charged, the amount of the fee or deposit and the service for which it
is received or charged. Such licensed person shall also enter in the
same or in a separate register, approved by the commissioner, in the
S. 8102 3
English language, the name and address of every employer from whom a fee
is received or charged or to whom the licensed person refers an appli-
cant who has paid or is charged a fee, the date of such employer's
request or assent that applicants be furnished, the kind of position for
which applicants are requested, the names of the applicants sent from
whom a fee or deposit is received or charged with the designation of the
one employed, the amount of the fee or deposit charged, and the rate of
salary or wages agreed upon. It shall also be the duty of every licensed
person to keep complete and accurate written records in the English
language of all receipts and income received or derived directly from
the operation of his employment agency, and to keep records concerning
job orders. No such licensed person, his agent or employees, shall make
any false entry in such records. It shall be the duty of every licensed
person to communicate orally or in writing with at least one of the
persons mentioned as references for every applicant for work in private
families, or employed in a fiduciary capacity, and the result of such
investigation shall be kept on file in such agency for a period of at
least three years. Every register and all records kept pursuant to the
requirements of this article shall be retained on the premises of the
agency concerned for three years following the date on which the last
entry thereon was made [except a job order which shall be retained for
one year following the date on which it was received].
S 4. Section 181 of the general business law, as added by chapter 893
of the laws of 1958, subdivision 1 as added and subdivision 2 as amended
by chapter 632 of the laws of 1975, subdivision 3 as separately amended
by chapters 1010 and 1083 of the laws of 1960, and subdivision 4 as
amended by chapter 479 of the laws of 1963, is amended to read as
follows:
S 181. Contracts, STATEMENTS OF TERMS AND CONDITIONS, AND receipts. It
shall be the duty of every employment agency to give to each applicant
for employment:
1. A true copy of every contract executed between such agency and such
applicant, which shall have printed on it or attached to it a statement
setting forth in a clear and concise manner the provisions of sections
one hundred eighty-five, and one hundred eighty-six of this article.
2. [Information as to the name and address of the person to whom the
applicant is to apply for such employment, the kind of service to be
performed, the anticipated rate of wages or compensation, the agency's
fee for the applicant based on such anticipated wages or compensation,
whether such employment is permanent or temporary, the name and address
of the person authorizing the hiring of such applicant, and the cost of
transportation if the services are required outside of the city, town or
village where such agency is located. If the job is a conditionally
fee-paid job, the conditions under which the applicant will be required
to pay a fee shall be clearly set forth in a separate agreement in ten-
point type signed by the job applicant.] (A) EACH CONTRACT SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: INFORMATION AS TO THE
NAME AND ADDRESS OF THE PERSON TO WHOM THE APPLICANT IS TO APPLY FOR
SUCH EMPLOYMENT, THE NAME, THE ADDRESS, THE MAILING ADDRESS, AND THE
TELEPHONE NUMBER OF THE EMPLOYER; THE ADDRESS OR ADDRESSES OF EMPLOY-
MENT, THE KIND OF SERVICE TO BE PERFORMED; THE ANTICIPATED RATE OF WAGES
OR COMPENSATION; THE ANTICIPATED HOURS OF WORK PER DAY AND NUMBER OF
DAYS TO BE WORKED PER WEEK; THE AGENCY'S FEE FOR THE APPLICANT BASED ON
SUCH ANTICIPATED WAGES OR COMPENSATION; ANY PROVISION TO THE EMPLOYEE,
AND COSTS ASSOCIATED WITH THAT PROVISION INCLUDING HOUSING, HEALTH
INSURANCE, HEALTHCARE, SICK LEAVE, HOLIDAYS AND RETIREMENT BENEFITS;
S. 8102 4
WHETHER SUCH EMPLOYMENT IS PERMANENT OR TEMPORARY, THE ANTICIPATED PERI-
OD OF EMPLOYMENT, THE NAME AND ADDRESS OF THE PERSON AUTHORIZING THE
HIRING OF SUCH APPLICANT; AND THE COST OF TRANSPORTATION IF THE SERVICES
ARE REQUIRED OUTSIDE OF THE CITY, TOWN OR VILLAGE WHERE SUCH AGENCY IS
LOCATED. IF THE JOB IS A CONDITIONALLY FEE-PAID JOB, THE CONDITIONS
UNDER WHICH THE APPLICANT WILL BE REQUIRED TO PAY A FEE SHALL BE CLEARLY
SET FORTH IN A SEPARATE AGREEMENT IN TEN-POINT TYPE SIGNED BY THE JOB
APPLICANT.
(B) THE EMPLOYMENT AGENCY SHALL PROVIDE TO EACH APPLICANT, A SEPARATE
DOCUMENT ACCOMPANYING EACH CONTRACT SUMMARIZING THE TERMS AND CONDITIONS
OF THE CONTRACT IN COMMONLY UNDERSTOOD TERMS. THIS DOCUMENT SHALL BE
ENTITLED "TERMS AND CONDITIONS" AND SHALL INCLUDE THE LANGUAGE THAT THE
DOCUMENT IS NOT A CONTRACT AND THAT SUCH DOCUMENT IS NOT LEGALLY BIND-
ING. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS DETERMINING
WHAT INFORMATION SHALL BE INCLUDED IN THE TERMS AND CONDITIONS PROVIDED
BY AN AGENCY TO AN APPLICANT.
(C) WHEN A JOB APPLICANT IDENTIFIES AS HIS OR HER PRIMARY LANGUAGE A
LANGUAGE FOR WHICH A TEMPLATE IS NOT AVAILABLE FROM THE COMMISSIONER,
THE EMPLOYMENT AGENCY SHALL COMPLY WITH THIS SUBDIVISION BY PROVIDING
THAT EMPLOYEE AN ENGLISH-LANGUAGE STATEMENT.
(D) AN EMPLOYMENT AGENCY SHALL NOT BE PENALIZED FOR ERRORS OR OMIS-
SIONS IN THE NON-ENGLISH PORTIONS OF ANY NOTICE PROVIDED BY THE COMMIS-
SIONER.
3. A receipt for any fee, deposit, consideration, or payment which
such agency receives from such applicant, which shall have printed or
written on it the name of the applicant, the name and address of the
employment agency, the date and amount of such fee, deposit, consider-
ation or payment or portion thereof for which the receipt is given, the
purpose for which it was paid, and the signature of the person receiving
such payment. If the applicant for employment has been recruited from
outside the state for domestic or household employment the receipt shall
have printed on it, or attached to it, a copy of section one hundred
eighty-four of this article. THE RECEIPT SHALL ALSO INCLUDE, IMMEDIATE-
LY ABOVE THE PLACE FOR SIGNATURE OF THE PERSON RECEIVING PAYMENT, SET
OFF IN A BOX AND PRINTED IN BOLD CAPITAL LETTERS, THE FOLLOWING STATE-
MENT: "AN EMPLOYMENT AGENCY MAY NOT CHARGE YOU, THE JOB APPLICANT, A FEE
BEFORE REFERRING YOU TO A JOB THAT YOU ACCEPT. IF YOU PAY A FEE BEFORE
ACCEPTING A JOB OR PAY A FEE THAT OTHERWISE VIOLATES THE LAW, YOU MAY
DEMAND A REFUND, WHICH SHALL BE REPAID WITHIN SEVEN DAYS".
4. The COMPLETED original or duplicate-original copy of each such
contract [and receipt], STATEMENT OF TERMS AND CONDITIONS, RECEIPTS, AND
ANY OTHER DOCUMENTS GIVEN TO THE APPLICANT shall be retained by every
employment agency for three years following the date on which the
contract is executed or the payment is made, and shall be made available
for inspection by the commissioner or his duly authorized agent or
inspector, upon his request. Notwithstanding the other provisions of
such contracts, the monetary consideration to be paid by the applicant
shall not exceed the fee ceiling provided in subdivision eight of
section one hundred eighty-five OF THIS ARTICLE.
S 5. Subdivisions 1 and 3 of section 185 of the general business law,
subdivision 1 as amended by chapter 460 of the laws of 2012 and subdivi-
sion 3 as amended by chapter 1010 of the laws of 1960, are amended to
read as follows:
1. Circumstances permitting fee. An employment agency shall not charge
or accept a fee or other consideration unless in accordance with the
terms of a written contract with a job applicant[, except:
S. 8102 5
(a) for class "A" and "A-1" employment, and except] AND after such
agency has been responsible for referring such job applicant to an
employer or such employer to a job applicant and where as a result ther-
eof such job applicant has been employed by such employer[; and
(b)], EXCEPT for class "C" employment: [(i)] (A) after an agency has
been responsible for referring an artist to an employer or such employer
to an artist and where as a result thereof such artist has been employed
by such employer; or [(ii)] (B) after an agency represents an artist in
the negotiation or renegotiation of an original or pre-existing employ-
ment contract and where as a result thereof the artist enters into a
negotiated or renegotiated employment contract. For class "C" employment
pursuant to this paragraph, an employment agency shall provide an artist
with a statement setting forth in a clear and concise manner the
provisions of this section and section one hundred eighty-six of this
article.
The maximum fees provided for herein for all types of placements or
employment may be charged to the job applicant and a similar fee may be
charged to the employer provided, however, that with regard to place-
ments in class "B" employment, a fee of up to one and one-half times the
fee charged to the job applicant may be charged to the employer. By
agreement with an employment agency, the employer may voluntarily assume
payment of the job applicant's fee. The fees charged to employers by any
licensed person conducting an employment agency for rendering services
in connection with, or for providing employment in classes "A", "A-1"
and "B", as hereinafter defined in subdivision four of this section
where the applicant is not charged a fee shall be determined by agree-
ment between the employer and the employment agency. No fee shall be
charged or accepted for the registration of applicants for employees or
employment.
3. Deposits, advance fees. [Notwithstanding any other provisions of
this section, an] AN employment agency [may] SHALL not require OR ACCEPT
a deposit or advance fee from any applicant [except an applicant for
class "A" or class "A1" employment, and only to the extent of the maxi-
mum fees hereinafter provided. Such deposit or advance fee shall be
offset against any fee charged or accepted when such employment is
obtained. Any excess above the lawful fee shall be returned without
demand therefor, immediately after the employment agency has been noti-
fied that such employment has been obtained; and all of such deposit or
advance fee shall be returned immediately upon demand therefor, if at
the time of the demand such employment has not been obtained].
S 6. Subdivision 2 of section 186 of the general business law, as
amended by chapter 1010 of the laws of 1960, is amended to read as
follows:
2. Failure to report: If a job applicant accepts employment and there-
after fails to report for work, the gross fee charged to such applicant
shall not exceed twenty-five per cent of the maximum fee allowed by
section one hundred eighty-five of this article[, provided however, if
the applicant remains with his same employer, the fee shall not exceed
fifty per cent]. If a job applicant accepts employment and fails to
report for work, no fee shall be charged to the employer.
S 7. Subdivision 3 of section 187 of the general business law, as
added by chapter 893 of the laws of 1958, is amended to read a follows:
(3) Advertise in newspapers or otherwise, or use letterheads or
receipts or other written or printed matter, unless such advertising or
other matter contains the name and address of the employment agency
[and], the word "agency" AND THE AGENCY'S LICENSE NUMBER.
S. 8102 6
S 8. Section 188 of the general business law, as amended by chapter
632 of the laws of 1975, is amended to read as follows:
S 188. Copies of law to be posted. 1. Every licensed person shall post
in a conspicuous place in the main room of such agency sections one
hundred seventy-eight, [one hundred eighty,] one hundred eighty-one, one
hundred eighty-five, and one hundred eighty-six, of this article[, which
shall be printed in large type in languages in which persons commonly
doing business with such office can understand]. Such poster shall also
contain the name and address of the commissioner charged with the
enforcement of this article in the place where the agency is located.
2. THE COMMISSIONER, IN CONJUNCTION WITH THE DIRECTOR OF THE OFFICE
FOR NEW AMERICANS, SHALL DEVELOP, ESTABLISH AND IMPLEMENT A PUBLIC
AWARENESS CAMPAIGN REGARDING THE RIGHTS OF JOB SEEKERS. SUCH PUBLIC
AWARENESS CAMPAIGN SHALL BE MADE AVAILABLE TO THE PUBLIC BY ANY MEANS
DEEMED APPROPRIATE BY THE COMMISSIONER AND THE DIRECTOR OF THE OFFICE
FOR NEW AMERICANS. ANY MATERIALS DEVELOPED AND DISSEMINATED TO JOB SEEK-
ERS ACCORDING TO THIS SUBDIVISION MUST ALSO BE DISTRIBUTED TO LICENSED
EMPLOYMENT AGENCIES.
S 9. Section 189 of the general business law, as amended by chapter
479 of the laws of 1963, subdivisions 1 and 2 as amended by chapter 721
of the laws of 2004, subdivisions 4 and 5 as amended by chapter 632 of
the laws of 1975, is amended to read as follows:
S 189. Enforcement of provisions of this article. 1. This article,
article nineteen-B of the labor law and sections 37.01, 37.03 and 37.05
of the arts and cultural affairs law shall be enforced by the commis-
sioner of labor, except that in the city of New York this article and
such sections shall be enforced by the commissioner of consumer affairs
of such city. IN ADDITION TO THE POWERS OF THE COMMISSIONER, THE ATTOR-
NEY GENERAL MAY ENFORCE THE PROVISIONS OF THIS ARTICLE TO THE EXTENT
PERMITTED UNDER SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
2. To effectuate the purposes of this article, article nineteen-B of
the labor law and sections 37.01, 37.03 and 37.05 of the arts and
cultural affairs law, the commissioner or any duly authorized agent or
inspector designated by such commissioner, shall have authority to
inspect the premises, registers, contract forms, COMPLETED CONTRACTS,
STATEMENTS OF TERMS AND CONDITIONS, receipt books, application forms,
referral forms, reference forms, reference reports and financial records
of fees charged and refunds made of each employment agency, AND ANY
OTHER RECORD THAT THE EMPLOYMENT AGENCY IS REQUIRED TO MAINTAIN PURSUANT
TO THIS ARTICLE, which are essential to the operation of such agency,
and of each applicant for an employment agency license, as frequently as
necessary to ensure compliance with this article and such sections[; but
in]. IN no event shall any employment agency be inspected less frequent-
ly than once every eighteen months. INSPECTIONS MAY CONSIST OF IN-PER-
SON VISITS TO EMPLOYMENT AGENCIES. The commissioner shall also have
authority to subpoena records and witnesses or otherwise to conduct
investigations of any employer or other person where he or she has
reasonable grounds for believing that such employer or person is violat-
ing or has conspired or is conspiring with an employment agency to
violate this article or such sections.
3. To effectuate the purposes of this article, the commissioner may
make reasonable administrative rules within the standards set in this
article. Before such rules shall be issued, the commissioner shall
conduct a public hearing, giving due notice thereof to all interested
parties. No rule shall become effective until fifteen days after it has
been filed in the office of the department of state, if it is a rule of
S. 8102 7
the industrial commissioner, or in the office of the clerk of the city
of New York, if it is a rule of the commissioner of licenses of such
city, and copies thereof shall be furnished to all employment agencies
affected at least fifteen days prior to the effective date of such rule.
4. Complaints against any such licensed OR UNLICENSED person [shall]
MAY be made orally or in writing to the commissioner, or be sent in an
affidavit form without appearing in person, and may be made by recog-
nized employment agencies, trade associations, or others. The commis-
sioner may hold a hearing on a complaint with the powers provided by
section one hundred seventy-four of this article. If a hearing is held,
reasonable notice thereof, not less than five days, shall be given in
writing to said [licensed] person by serving upon the [licensed] person
either personally, by mail, or by leaving the same with the person in
charge of his office, a concise statement of the facts constituting the
complaint, and the hearing shall commence before the commissioner with
reasonable speed but in no event later than two weeks from the date of
the filing of the complaint. The commissioner when investigating any
matters pertaining to the granting, issuing, transferring, renewing,
revoking, suspending or cancelling of any license is authorized in his
discretion to take such testimony as may be necessary on which to base
official action. When taking such testimony he may subpoena witnesses
and also direct the production before him of necessary and material
books and papers. A daily calendar of all hearings shall be kept by the
commissioner and shall be posted in a conspicuous place in his public
office for at least one day before the date of such hearings. The
commissioner shall render his decision within thirty days from the time
the matter is finally submitted to him. The commissioner shall keep a
record of all such complaints and hearings. THE OFFICE OF NEW AMERICANS
SHALL, PURSUANT TO SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW, RECEIVE
COMPLAINTS, ATTEMPT TO MEDIATE SUCH COMPLAINTS, AND WHERE APPROPRIATE
REFER SUCH COMPLAINTS TO THE ATTORNEY GENERAL OR OTHER FEDERAL, STATE OR
LOCAL AGENCY AUTHORIZED BY LAW TO TAKE ACTION ON SUCH COMPLAINT.
5. [Following such hearing if it has been shown] UPON A FINDING that
the licensed person or his agent, employee or anyone acting on his
behalf is guilty of violating any provision of this article or is not a
person of good character and responsibility, the commissioner may
suspend or revoke the license of such licensed person [and/or levy a
fine against such licensed person for each violation not to exceed five
hundred dollars]. ANY EMPLOYMENT AGENCY FOUND TO HAVE VIOLATED ANY
PROVISION OF THIS ARTICLE SHALL BE SUBJECT, FOR THE FIRST OFFENSE, TO A
CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS PER VIOLATION, AND, FOR
EACH SUBSEQUENT OFFENSE WITHIN SIX YEARS OF SUCH PREVIOUS OFFENSE, TO A
CIVIL PENALTY, NOT TO EXCEED FIVE THOUSAND DOLLARS PER VIOLATION. WHEN
IT IS DETERMINED THAT THERE HAS BEEN A VIOLATION OF THIS ARTICLE BY AN
EMPLOYMENT AGENCY, THE COMMISSIONER SHALL PROVIDE THE EMPLOYMENT AGENCY
WITH A SPECIFIC TIME PERIOD FOR SUCH EMPLOYMENT AGENCY TO CURE OR
CORRECT SUCH VIOLATION OR TAKE OTHER AMELIORATIVE ACTION AS DIRECTED BY
THE COMMISSIONER, THE SUCCESSFUL COMPLETION OF WHICH SHALL PREVENT THE
IMPOSITION OF PENALTIES ON THE EMPLOYMENT AGENCY FOR SUCH VIOLATION.
Whenever such commissioner shall suspend or revoke the license of any
employment agency, or shall levy a fine against [such] ANY agency, said
determination shall be subject to judicial review in proceedings brought
pursuant to article seventy-eight of the civil practice law and rules.
Whenever [such] AN EMPLOYMENT AGENCY'S license is revoked, another
license or agency manager permit shall not be issued within three years
from the date of such revocation to said licensed person or his agency
S. 8102 8
manager or to any person with whom the licensee has been associated in
the business of furnishing employment or engagements. Deputy commission-
ers, or other officials designated to act on behalf of the commissioner,
may conduct hearings and act upon applications for licenses, and revoke
or suspend such licenses, or levy fines AGAINST AN EMPLOYMENT AGENCY.
6. IF ANY PROVISIONS OF THIS ARTICLE OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCES IS HELD UNCONSTITUTIONAL, THE REMAINDER OF
THE ARTICLE AND THE APPLICATION OF THAT PROVISION TO OTHER PERSONS AND
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
S 10. Section 190 of the general business law, as amended by chapter
632 of the laws of 1975, is amended to read as follows:
S 190. Penalties for violations. Any person who violates and the offi-
cers of a corporation and stockholders holding ten percent or more of
the stock of a corporation which is not publicly traded, who knowingly
permit the corporation to violate sections one hundred seventy-two, one
hundred seventy-three, one hundred seventy-six, one hundred eighty-four,
one hundred eighty-four-a, one hundred eighty-five, one hundred eighty-
five-a, one hundred eighty-six, or one hundred eighty-seven of this
article shall be guilty of a misdemeanor and upon conviction shall be
subject to a fine not to exceed [one thousand] TWO THOUSAND FIVE HUNDRED
dollars PER VIOLATION, or imprisonment for not more than one year, or
both, by any court of competent jurisdiction. The violation of any other
provision of this article shall be punishable by a fine not to exceed
[one] FIVE hundred dollars or imprisonment for not more than thirty
days. Criminal proceedings based upon violations of these sections shall
be instituted by the commissioner and may be instituted by any persons
aggrieved by such violations.
S 11. This act shall take effect immediately.
