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This entry was published on 2017-01-06
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SECTION 187
Additional prohibitions
General Business (GBS) CHAPTER 20, ARTICLE 11
§ 187. Additional prohibitions. An employment agency shall not engage
in any of the following activities or conduct:

(1) Induce or attempt to induce any employee to terminate his
employment in order to obtain other employment through such agency,
provided, however, that this provision shall not apply to an employee
not placed in employment by the employment agency who is offered an
executive administrative or professional position where the first year's
compensation is $12,000.00 or more or procure or attempt to procure the
discharge of any person from his employment.

(2) Publish or cause to be published any false, fraudulent or
misleading information, representation, promise, notice or
advertisement.

(3) Advertise in newspapers or otherwise, or use letterheads or
receipts or other written or printed matter, unless such advertising or
other matter contains the name and address of the employment agency, the
word "agency" and the agency's license number.

(4) Direct an applicant to an employer for the purpose of obtaining
employment without having first obtained a bona fide order therefor;
however, a qualified applicant may be directed to an employer who has
previously requested that he regularly be accorded interviews with
applicants of certain qualifications if a confirmation of the order is
sent to the employer. Likewise an employment agency may attempt to sell
the services of an applicant to an employer from whom no job order has
been received as long as this fact is told to the applicant before he is
directed to the employer. Any applicant who is referred to an employer
contrary to the provisions of this subdivision without obtaining
employment thereby, shall be reimbursed by the employment agency for all
ordinary and necessary travel expenses incurred by the applicant as a
result of such referral, within twenty-four hours of making a demand
therefor.

(5) Send or cause to be sent any person to any employer where the
employment agency knows, or reasonably should have known, that the
prospective employment is or would be in violation of state or federal
laws governing minimum wages or child labor, or in violation of article
sixty-five of the education law relating to compulsory education or
article four of the labor law, or, that a labor dispute is in progress,
without notifying the applicant of such fact, and delivering to him a
clear written statement that a labor dispute exists at the place of such
employment, or make any referral to an employment or occupation
prohibited by law.

(6) Send or cause to be sent any person to any place which the
employment agency knows or reasonably should have known is maintained
for immoral or illicit purposes; nor knowingly permit persons of bad
character, prostitutes, gamblers, procurers or intoxicated persons to
frequent such agency.

(7) Compel any person to enter such agency for any purpose by the use
of force.

(8) Engage in any business on the premises of the employment agency
other than the business of operating an employment agency, except as
owner, manager, employee or agent, the business of furnishing services
to employers through the employment of temporary employees.

(9) Receive or accept any valuable thing or gift as a fee or in lieu
thereof, nor divide or share, either directly or indirectly, the fees
herein allowed, with contractors, subcontractors, employers or their
agents, foremen or any one in their employ, or if the contractors,
subcontractors or employers be a corporation, any of the officers,
directors or employees of the same to whom applicants for employment are
sent.

(10) Require applicants for employees or employment to subscribe to
any publication or incidental service or contribute to the cost of
advertising.

(11) Make or cause to be made or use any name, sign or advertising
device bearing a name which may be similar to or may reasonably be
confused with the name of a federal, state, city, county or other
government agency.

(12) Refuse to return on demand of an applicant any baggage or
personal property belonging to such applicant.

(13) Charge an applicant any fee for a placement in a job which the
agency advertised or represented to the job applicant to be a fee-paid
job.

(14) Refer an applicant to a specified bank or credit organization for
purposes of obtaining a loan.