Legislation
SECTION 186
Return of fees
General Business (GBS) CHAPTER 20, ARTICLE 11
§ 186. Return of fees. 1. Excessive fee: Any employment agency which
collects, receives or retains a fee or other payment contrary to or in
excess of the provisions of this article, shall return the fee or the
excess portion thereof within seven days after receiving a demand
therefor.
2. Failure to report: If a job applicant accepts employment and
thereafter 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. If a job
applicant accepts employment and fails to report for work, no fee shall
be charged to the employer.
3. Termination without employee's fault. If a job applicant accepts
employment and reports for work, and thereafter such employment is
terminated without fault of the employee, the gross fee charged to such
employee and to the employer each shall not exceed ten percent of the
salary or wages received by such employee, and in no event shall such
fee exceed the maximum fee allowed by section one hundred eighty-five of
this article. However, if such employee is a domestic or household
employee recruited from a state outside of this state the fee of the
employer shall not exceed thirty-three and one-third percent of the
wages or salary actually earned.
4. Termination under all other circumstances: If a job applicant
accepts employment and reports for work, and thereafter such employment
is terminated under any other circumstances, the gross fee charged to
such employee and the employer each shall not exceed fifty per cent of
the salary or wages received by such employee, and in no event shall
such fee exceed the maximum fee allowed by section one hundred
eighty-five of this article.
collects, receives or retains a fee or other payment contrary to or in
excess of the provisions of this article, shall return the fee or the
excess portion thereof within seven days after receiving a demand
therefor.
2. Failure to report: If a job applicant accepts employment and
thereafter 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. If a job
applicant accepts employment and fails to report for work, no fee shall
be charged to the employer.
3. Termination without employee's fault. If a job applicant accepts
employment and reports for work, and thereafter such employment is
terminated without fault of the employee, the gross fee charged to such
employee and to the employer each shall not exceed ten percent of the
salary or wages received by such employee, and in no event shall such
fee exceed the maximum fee allowed by section one hundred eighty-five of
this article. However, if such employee is a domestic or household
employee recruited from a state outside of this state the fee of the
employer shall not exceed thirty-three and one-third percent of the
wages or salary actually earned.
4. Termination under all other circumstances: If a job applicant
accepts employment and reports for work, and thereafter such employment
is terminated under any other circumstances, the gross fee charged to
such employee and the employer each shall not exceed fifty per cent of
the salary or wages received by such employee, and in no event shall
such fee exceed the maximum fee allowed by section one hundred
eighty-five of this article.