S T A T E O F N E W Y O R K
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6369--A
Cal. No. 1324
2017-2018 Regular Sessions
I N S E N A T E
May 11, 2017
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the general business law and the arts and cultural
affairs law, in relation to certain contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 181 of the general business law, as amended by
chapter 13 of the laws of 2017, is amended to read as follows:
§ 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. [(a)] For class "C" theatrical employment: [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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11746-05-7
S. 6369--A 2
(b) for] (A) SUCH CONTRACT IN BLANK SHALL BE FIRST APPROVED BY THE
COMMISSIONER AND HIS OR HER DETERMINATION SHALL BE REVIEWABLE BY
CERTIORARI. EACH CONTRACT SHALL INCLUDE THE GROSS COMMISSION OR FEES TO
BE PAID BY THE ARTIST TO THE THEATRICAL EMPLOYMENT AGENCY CONSISTENT
WITH SECTION ONE HUNDRED EIGHTY-FIVE OF THIS ARTICLE ATTACHED, HERETO.
EACH SUCH CONTRACT SHALL ALSO INCLUDE THE NAME, ADDRESS, PHONE NUMBER
AND LICENSE NUMBER OF THE THEATRICAL EMPLOYMENT AGENCY IN ADDITION TO
THE NAME OF THE ARTIST, THE TYPE OF SERVICES COVERED BY THE CONTRACT,
AND ALL TERMS AND CONDITIONS ASSOCIATED WITH THE PAYMENT OF SUCH COMMIS-
SION OR FEES. THE THEATRICAL EMPLOYMENT AGENCY SHALL KEEP ON FILE A COPY
OF EACH CONTRACT ENTERED INTO WITH AN ARTIST AND PROVIDE A COPY OF EACH
CONTRACT TO THE ARTIST.
(B) SEPARATE FROM THE CONTRACT, THE AGENCY SHALL PROVIDE TO THE
ARTIST, AT THE TIME OF EACH AUDITION OR INTERVIEW FOR SPECIFIC EMPLOY-
MENT, INFORMATION AS TO THE NAME AND ADDRESS OF THE PERSON TO WHOM THE
ARTIST IS TO APPLY FOR SUCH EMPLOYMENT, THE SERVICE TO BE PERFORMED, THE
ANTICIPATED RATE OF COMPENSATION, WHERE SUCH COMPENSATION IS KNOWN PRIOR
TO THE AUDITION OR INTERVIEW, AND ANY OTHER MATERIAL TERMS AND CONDI-
TIONS OF SUCH EMPLOYMENT THAT ARE KNOWN BY THE AGENCY PRIOR TO THE AUDI-
TION OR INTERVIEW. SUCH INFORMATION MAY BE PROVIDED BY ELECTRONIC COMMU-
NICATION.
3. FOR all other employment, including class "A" and "A-1" employment,
each contract shall include, but not be limited to, the following:
information as to the name and address of the person to whom the appli-
cant 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 employment, the kind of service to be performed; the antic-
ipated 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 retire-
ment benefits; whether such employment is permanent or temporary, the
anticipated period 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.
[3.] 4. (a) This paragraph shall apply to all classes of employment
except for class "C" theatrical employment. The employment agency shall
provide to each applicant, a separate document accompanying each
contract summarizing the terms and conditions of the contract. 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 binding. The terms and conditions shall be provided in plain
and commonly understood terms and language which shall aid the job
applicant in understanding the transaction and such document shall limit
the use of technical terms whenever possible.
(b) The terms and conditions shall conform to any templates estab-
lished by the commissioner and be made available to employment agencies
in such manner as determined by the commissioner. In developing such
templates, the commissioner shall afford the public an opportunity to
submit comments on such templates.
S. 6369--A 3
(c) The commissioner may promulgate rules and regulations necessary to
carry out the provisions of this section.
(d) An employment agency shall not be penalized for errors or omis-
sions in the non-English portions of any templates provided by the
commissioner.
[4.] 5. 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] EXCEPT AS PROVIDED BELOW FOR CLASS
"C" THEATRICAL EMPLOYMENT, THE receipt shall also include, immediately
above the place for signature of the person receiving payment, set off
in a box and printed in bold capital letters, the following statement:
"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". FOR CLASS "C"
EMPLOYMENT SUCH RECEIPT SHALL STATE: "A THEATRICAL EMPLOYMENT AGENCY MAY
NOT CHARGE YOU, THE ARTIST, A FEE BEFORE REFERRING YOU TO A JOB THAT YOU
ACCEPT. A THEATRICAL EMPLOYMENT AGENCY MAY CHARGE YOU, THE ARTIST, A FEE
AFTER AN AGENCY REPRESENTS YOU IN THE NEGOTIATION OR RENEGOTIATION OF AN
ORIGINAL OR PRE-EXISTING EMPLOYMENT CONTRACT. IF YOU PAY A FEE THAT
OTHERWISE VIOLATES THE LAW, YOU MAY DEMAND A REFUND, WHICH SHALL BE
REPAID WITHIN SEVEN DAYS".
[5.] 6. The completed original or duplicate-original copy of each such
contract, 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 OR HER duly authorized agent or
inspector, upon his OR HER request. Notwithstanding the other provisions
of such contracts, the monetary consideration to be paid by the appli-
cant shall not exceed the fee ceiling provided in subdivision eight of
section one hundred eighty-five of this article.
§ 2. Section 37.03 of the arts and cultural affairs law is amended to
read as follows:
§ 37.03. Theatrical employment; contracts. [Every licensed person who
shall procure for or offer to an applicant a theatrical engagement shall
have executed in duplicate a contract or deliver to the parties as here-
in set forth a statement containing the name and address of the appli-
cant; the name and address of the employer of the applicant and of the
person acting for such employer in employing such applicant; the time
and duration of such engagement; the amount to be paid to such appli-
cant; the character of entertainment to be given or services to be
rendered; the number of performances per day or per week that are to be
given by said applicant; if a vaudeville engagement, the name of the
person by whom the transportation is to be paid, and if by the appli-
cant, either the cost of transportation between the places where said
entertainment or services are to be given or rendered, or the average
cost of transportation between the places where such services are to be
given or rendered; and if a dramatic engagement, the cost of transporta-
S. 6369--A 4
tion to the place where the services begin, if paid by the applicant;
and the gross commission or fees to be paid by said applicant and to
whom. Such contracts or statements shall contain no other conditions and
provisions except such as are equitable between the parties thereto and
do not constitute an unreasonable restriction of business. Forms of such
contract and statement in blank shall be first approved by the commis-
sioner and his determination shall be reviewable by certiorari. One of
such duplicate contracts or of such statements shall be delivered to the
person engaging the applicant and the other shall be retained by the
applicant. The licensed person procuring such engagement for such appli-
cant shall keep on file or enter in a book provided for that purpose a
copy of such contract or statement.] CONTRACTS BETWEEN A THEATRICAL
EMPLOYMENT AGENCY AND AN ARTIST SHALL INCLUDE THE GROSS COMMISSION OR
FEES TO BE PAID BY THE ARTIST TO THE THEATRICAL EMPLOYMENT AGENCY
CONSISTENT WITH SECTION ONE HUNDRED EIGHTY-FIVE OF THE GENERAL BUSINESS
LAW ATTACHED, HERETO. SUCH CONTRACTS SHALL CONTAIN NO OTHER CONDITIONS
AND PROVISIONS EXCEPT SUCH AS ARE EQUITABLE BETWEEN THE PARTIES THERETO
AND DO NOT CONSTITUTE AN UNREASONABLE RESTRICTION OF BUSINESS. IN ADDI-
TION, SUCH CONTRACTS IN BLANK SHALL BE FIRST APPROVED BY THE COMMISSION-
ER OF LABOR AND HIS OR HER DETERMINATION SHALL BE REVIEWABLE BY CERTIOR-
ARI. EACH SUCH CONTRACT SHALL ALSO INCLUDE THE NAME, ADDRESS, PHONE
NUMBER AND LICENSE NUMBER OF THE THEATRICAL EMPLOYMENT AGENCY IN ADDI-
TION TO THE NAME OF THE ARTIST, THE TYPE OF SERVICES COVERED BY THE
CONTRACT, AND ALL TERMS AND CONDITIONS ASSOCIATED WITH THE PAYMENT OF
SUCH COMMISSION OR FEES. THE THEATRICAL EMPLOYMENT AGENCY SHALL KEEP ON
FILE A COPY OF EACH CONTRACT ENTERED INTO WITH AN ARTIST AND PROVIDE A
COPY OF EACH CONTRACT TO THE ARTIST. SEPARATELY FROM THE CONTRACT, THE
AGENCY SHALL PROVIDE TO THE ARTIST, AT THE TIME OF EACH AUDITION OR
INTERVIEW FOR SPECIFIC EMPLOYMENT, INFORMATION AS TO THE NAME AND
ADDRESS OF THE PERSON TO WHOM THE ARTIST IS TO APPLY FOR SUCH EMPLOY-
MENT, THE SERVICE TO BE PERFORMED, THE ANTICIPATED RATE OF COMPENSATION,
WHERE SUCH COMPENSATION IS KNOWN PRIOR TO THE AUDITION OR INTERVIEW, AND
ANY OTHER MATERIAL TERMS AND CONDITIONS OF SUCH EMPLOYMENT THAT ARE
KNOWN BY THE AGENCY PRIOR TO THE AUDITION OR INTERVIEW. SUCH INFORMATION
MAY BE PROVIDED BY ELECTRONIC COMMUNICATION.
§ 3. This act shall take effect immediately.