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.