LBD07084-01-7
S. 1069 2
DEEMS RELEVANT. AN EMPLOYMENT AGENCY SHALL NOT BE PENALIZED FOR ERRORS
OR OMISSIONS IN THE NON-ENGLISH PORTIONS OF ANY FORMS PROVIDED BY THE
COMMISSIONER.
§ 2. Subdivision 1 of section 174 of the general business law, as
amended by a chapter of the laws of 2016, amending the general business
law relating to employment agencies, as proposed in legislative bills
numbers S. 8102 and A. 10672, is amended to read as follows:
1. Upon the receipt of an application for a license, the commissioner
shall cause the name and address of the applicant, the name under which
the employment agency is to be conducted, and the street and number of
the place where the agency is to be conducted, to be posted on the
commissioner's website, as well as in a conspicuous place in his public
office. Such agency shall be used exclusively as an employment agency
and for no other purpose, except as hereinafter provided. The commis-
sioner shall investigate or cause to be investigated the character and
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] COMMISSIONER shall be considered in accordance with the
provisions of article twenty-three-A of the correction law and subdivi-
sions fifteen and sixteen of section two hundred ninety-six of the exec-
utive law. A reasonable time before making a determination on the appli-
cation pursuant to this subdivision, the [department] COMMISSIONER shall
provide the applicant WITH A COPY OF THE APPLICANT'S criminal history
information, if any. Where such criminal history information is
provided, the [department] COMMISSIONER 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 regu-
lations and procedures established by the division of criminal justice
services.
§ 3. Section 181 of the general business law, as amended by a chapter
of the laws of 2016, amending the general business law relating to
employment agencies, as proposed in legislative bills numbers S. 8102
and A. 10672, 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) [Each contract] FOR CLASS "C" THEATRICAL EMPLOYMENT: INFORMA-
TION 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
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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) FOR ALL OTHER EMPLOYMENT, INCLUDING CLASS "A" AND "A-1" EMPLOY-
MENT, 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.
[(b)] 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 [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 binding. [The commission-
er shall promulgate rules and regulations determining what information
shall be included in the terms and conditions provided by an agency to
an applicant] 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.
[(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] TEMPLATES provided by
the commissioner.
[3.] 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
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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.] 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 duly authorized agent or inspec-
tor, 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.
§ 4. Subdivisions 2, 4 and 5 of section 189 of the general business
law, as amended by a chapter of the laws of 2016, amending the general
business law relating to employment agencies, as proposed in legislative
bills numbers S. 8102 and A. 10672, are amended to read as follows:
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. In
no event shall any employment agency be inspected less frequently than
once every eighteen months. Inspections may consist of in-person visits
to employment agencies OR THE REVIEW OF RECORDS AS DESCRIBED IN THIS
SUBDIVISION OR BOTH. 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 violating or has conspired or
is conspiring with an employment agency to violate this article or such
sections.
4. Complaints against any such licensed or unlicensed person may be
made orally or in writing to the commissioner, or be sent in an affida-
vit form without appearing in person, and may be made by recognized
employment agencies, trade associations, or others. The commissioner 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 person by serving upon the 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
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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. 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.
Any employment agency found to have violated any provision of this arti-
cle 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] UPON NOTICE
OF VIOLATION OF THIS ARTICLE OR WHEN it is determined that there has
been a violation of this article by an employment agency, the commis-
sioner [shall] MAY 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 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 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 manager or to any person with whom the
licensee has been associated in the business of furnishing employment or
engagements. Deputy commissioners, or other officials designated to act
on behalf of the commissioner, may conduct hearings and act upon appli-
cations for licenses, and revoke or suspend such licenses, or levy fines
against an employment agency.
§ 5. Section 11 of a chapter of the laws of 2016, amending the general
business law relating to employment agencies, as proposed in legislative
bills numbers S. 8102 and A. 10672, is amended to read as follows:
§ 11. This act shall take effect immediately; PROVIDED, HOWEVER, THAT
THE AMENDMENTS TO PARAGRAPH (B) OF SUBDIVISION 2 OF SECTION 181 OF THE
GENERAL BUSINESS LAW MADE BY SECTION FOUR OF THIS ACT SHALL TAKE EFFECT
ON THE FORTY-FIFTH DAY AFTER IT SHALL HAVE BECOME A LAW.
§ 6. This act shall take effect immediately; provided however that
sections one, two, three, and four of this act shall take effect on the
same date and in the same manner as a chapter of the laws of 2016,
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amending the general business law relating to employment agencies, as
proposed in legislative bills numbers S. 8102 and A. 10672, takes
effect.