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This entry was published on 2014-09-22
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SECTION 192
Prohibited activities
General Business (GBS) CHAPTER 20, ARTICLE 11
§ 192. Prohibited activities. An employer fee paid employment agency
shall not engage in any of the following activities or conduct:

1. 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 it regularly be accorded interviews with
applicants of certain qualifications if a confirmation of the order is
sent to the employer. Likewise an agency may attempt to sell the
services of an applicant to an employer from which no job order has been
received as long as this fact is told the applicant before the applicant
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 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.

2. Send or cause to be sent any person to any employer where the
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 or
her 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.

3. Require applicants for employment to subscribe to any publication
or incidental service or contribute to the cost of advertising.

4. 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.