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This entry was published on 2014-09-22
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SECTION 184
Recruitment of domestic or household employees who are residents of other states; findings and policy
General Business (GBS) CHAPTER 20, ARTICLE 11
§ 184. Recruitment of domestic or household employees who are
residents of other states; findings and policy. The acute shortage of
domestic or household employees in this state has led to extensive
recruitment of such employees from other states in the continental
United States. Social, economic and community problems occur in the
process of recruiting and relocating unskilled employees from outside
the state for such household employment. It is hereby declared to be
the public policy of the state to encourage the recruitment of such
employees from outside the state only under circumstances and conditions
which will safeguard and protect the interests of such employees, their
employers and the public at large. Incident to such recruiting are
factors and considerations which do not exist in the recruitment of
workers from within the state which impose certain responsibilities upon
employment agencies engaged in such recruiting. Likewise, such
employment agencies incur costs in the recruiting and placement of
employees from without the state which are not entailed in recruiting
residents of the state. Therefore, in order to provide sound and
responsible practices and procedures for such recruitment and adequate
regulation thereof, the following provisions of this section are deemed
to be in the interest of the public safety and welfare.

1. No employment agency, directly or indirectly, shall accept
applications from persons who reside in a state outside New York,
procure or offer to procure employment of persons as domestic or
household employees who are residing in states outside of this state
previous to their application for employment, except as provided in this
section and in the applicable provisions of other sections of this
article. As used in this section, the term "state" applies to the
forty-eight states on this continent, and the District of Columbia, but
does not include the state of Alaska.

2. An employment agency which engages in such recruitment, offer or
procurement as described in subdivision one, directly or indirectly,
shall furnish to the commissioner a written list containing the name and
address of all emigrant agents from whom it accepts job applicants. If
such emigrant agents are required to be licensed in the places in which
they are recruiting employees, no employment agency, directly or
indirectly, shall accept applicants from persons other than duly
licensed emigrant agents.

3. No employment agency shall, directly or indirectly, procure or
offer to procure domestic or household employment for a person who is
under the age of eighteen years and resides outside of the state.

4. If an employment agency engages in the recruitment of domestic or
household employees from outside of the state, it shall:

(a) Enter into its register the following information, in addition to
the register entries prescribed in section one hundred seventy-nine of
this article: (1) the last home address and birth date of all applicants
for such employment whom the employment agency is responsible for
bringing into New York state; (2) the name and address of the emigrant
agent, if any, through whom such applicant was obtained; (3) the name
and address of all persons to whom the employment agency has made
payments in connection with the recruitment of the applicant and amounts
of such payments; (4) the total charges made by the agency to the
applicant include, to be separately designated: (A) agency fee; (B) any
charges for transportation, and (C) any other charges in connection with
placement.

(b) Respecting applicants from out of the state for whom the agency is
responsible, directly or indirectly, for bringing into New York state,
the agency shall have the following additional obligations: (1) direct
that the transportation of such applicants shall be by duly licensed
common carrier for passengers where transportation to New York is
arranged for or authorized, directly or indirectly, by the employment
agency; (2) provide solely at agency expense suitable lodging and meals
for the applicant if he or she is not placed in employment the day he or
she arrives at the office of the employment agency, from the time he or
she reports at such agency until he or she is placed, or is returned to
the place from which he or she was recruited, or is given the option of
returning to such place as provided in part (3) hereof, and provide
solely at the agency's expense meals and lodging for the applicant at
any time the applicant is not employed during the thirty-day period
following the day the applicant arrives at the office of the employment
agency unless the applicant unreasonably refuses to accept comparable
employment offered by the agency; (3) provide the return fare and
reasonable allowance for one day's meals to the applicant or employee
should the employment terminate within thirty days and such applicant or
employee is without employment, or should no placement be made, and the
employee desires to return to the place from which he was recruited. The
bond pursuant to section one hundred seventy-seven of this article shall
secure performance of the aforementioned undertaking and that required
by provision (2) above and the provisions of section one hundred
seventy-eight concerning actions on bonds shall be applicable thereto;
(4) give an applicant before being brought to this state a written
statement on a form approved by the commissioner showing the nature and
duties of the job for which the applicant is recruited, the anticipated
wages, the amount of the agency fee based on such wages, the amount for
transportation that the applicant will have to repay if such amount has
been advanced by the agency, and the amount of any other advances or
charges. The statement also shall indicate when such amounts are payable
to the agency. A copy of such statement shall be kept on file by the
agency, and the copy shall have indicated on it when and by whom the
original statement was given to the applicant; (5) communicate from New
York state with the reference with which the agency is required to
check, and no worker shall be induced, encouraged, invited or requested
to come to New York state for employment unless communication shall have
been made at least one day prior thereto; and (6) not require an
applicant to pay the agency fee and any advances or charges at a rate
greater than in four equal installments payable at the end of the first,
second, third, and fourth weeks following the employment,
notwithstanding the provisions of subdivisions two and three of section
one hundred eighty-five, or any other provision of this chapter.

5. Notwithstanding the maximum fee schedule provided for in section
one hundred eighty-five of this article, the maximum fee to be charged a
job applicant for placement in employment under this section shall not
exceed, as a percentage of the first full month's salary or wages the
following:
where no meals or lodging are provided ............................ 15 %
where one meal per work day is provided ........................... 18 %
where two meals per work day are provided ......................... 21 %
where three meals per work day and lodging are provided and
where the first full month's salary or wages is:
less than $130 .................................................... 26 %
at least $130 but less than $150 .................................. 28 %
at least $150 or more ............................................. 30 %

5. Subsequent placement. If employment terminates within thirty days,
and the agency is responsible for the placement of the employee with
another employer within such thirty-day period, the agency may charge
the maximum fee provided by subdivision four of this section. If such
subsequent placement is made after such thirty-day period, the fee
provisions of section one hundred eighty-five shall apply.