S T A T E O F N E W Y O R K
________________________________________________________________________
8999
I N A S S E M B L Y
January 10, 2018
___________
Introduced by M. of A. TITONE -- read once and referred to the Committee
on Consumer Affairs and Protection
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 a
chapter of the laws of 2017, amending the general business law and the
arts and cultural affairs law relating to certain contracts, as proposed
in legislative bills numbers S.6369-A and A.8257-A, 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:
[(a)] (1) 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)] (2) 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11746-06-8
A. 8999 2
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.] (B) 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 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 employment, 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; whether such employment is permanent or tempo-
rary, the anticipated period of employment, the name and address of the
person authorizing the hiring of such applicant; and the cost of trans-
portation 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.
[4.] 3. (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.
(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.
[5.] 4. 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. Except as provided below for class "C"
theatrical employment, the receipt shall also include, immediately above
A. 8999 3
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 accept-
ing 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" employ-
ment 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".
[6.] 5. 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, as amended by
a chapter of the laws of 2017, amending the general business law and the
arts and cultural affairs law relating to certain contracts, as proposed
in legislative bills numbers S.6369-A and A.8257-A, is amended to read
as follows:
§ 37.03. Theatrical employment; contracts. Contracts between a theat-
rical 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 condi-
tions and provisions except such as are equitable between the parties
thereto and do not constitute an unreasonable restriction of business.
In addition, such contracts in blank shall be first approved by the
commissioner of labor, EXCEPT THAT IN THE CITY OF NEW YORK, SUCH
CONTRACTS IN BLANK SHALL BE FIRST APPROVED BY THE COMMISSIONER OF
CONSUMER AFFAIRS OF SUCH CITY, PURSUANT TO SECTION ONE HUNDRED EIGHTY-
NINE OF THE GENERAL BUSINESS LAW, and his or her determination shall be
reviewable by certiorari. Each such contract shall also include the
name, address, phone number and license number of the theatrical employ-
ment 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 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
employment, the service to be performed, the anticipated rate of compen-
sation, where such compensation is known prior to the audition or inter-
view, 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.
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§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2017, amending the general business
law and the arts and cultural affairs law relating to certain contracts,
as proposed in legislative bills numbers S.6369-A and A.8257-A, takes
effect.