Legislation

Search OpenLegislation Statutes
This entry was published on 2018-04-27
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 181
Contracts, statements of terms and conditions, and receipts
General Business (GBS) CHAPTER 20, ARTICLE 11
§ 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:

(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. 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 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.

(2) Separate 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 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.

(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
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. (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
established 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
omissions in the non-English portions of any templates provided by the
commissioner.

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,
consideration 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 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. 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
applicant shall not exceed the fee ceiling provided in subdivision eight
of section one hundred eighty-five of this article.