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This entry was published on 2014-09-22
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SECTION 194
Employment agency fees; reimbursement from employee to employer prohibited
General Business (GBS) CHAPTER 20, ARTICLE 11
§ 194. Employment agency fees; reimbursement from employee to employer
prohibited. 1. As used in this section:

(a) "Commissioner" means the commissioner of labor.

(b) "Employer" means an individual, partnership, association,
corporation, legal representative, trustee, receiver, trustee in
bankruptcy or common carrier by rail, motor, water, air or express
company doing business or operating within the state. The term
"employer" shall not include a governmental agency.

(c) "Employee" means any person employed for hire by any employer in
any employment.

2. No employer or its agent shall require, request, suggest or
knowingly permit any employee of such employer to reimburse the employer
for the cost of a fee paid by the employer to an employment agency or to
an employer fee paid employment agency or to make any other payment on
account of the employee's termination or resignation from employment.

3. (a) If the commissioner determines that an employer or its agent
has violated a provision of this section, the commissioner shall issue
to the employer an order which shall describe the alleged violation. In
addition to directing reimbursement to the employee and requiring the
further payment to the employee of a sum in the amount equal to payment
requested or received from that employee, such order may direct payment
to the commissioner for deposit in the treasury of the state of a
further sum as a civil penalty not to exceed five hundred dollars.

(b) Any order issued under paragraph (a) of this subdivision shall be
deemed a final order of the commissioner and not subject to review by
any court or agency unless within thirty days following service of the
order the employer files a petition with the industrial board of appeals
for a review of the order.

(c) Provided that no proceeding for administrative or judicial review
pursuant to this chapter shall then be pending and that the time for
initiation of such proceeding shall have expired, the commissioner may
file with the county clerk of the county where the employer resides or
has a place of business the order of the commissioner, or the decision
of the industrial board of appeals containing the amount found to be due
including the civil penalty, if any. The filing of such order or
decision shall have the full force and effect of a judgment duly
docketed in the office of such clerk. The order or decision may be
enforced by and in the name of the commissioner in the same manner, and
with like effect as that prescribed by the civil practice law and rules
for the enforcment of a money judgment.

(d) The civil penalty provided for in this section shall be in
addition to and may be imposed with any other remedy or penalty provided
for in this chapter.

4. No agreement by an employee or prospective employee to reimburse an
employer for the cost of a fee of an employment agency or an employer
fee paid employment agency or to become liable to the employer for any
payment on account of the employee's termination or resignation from
employment shall be enforceable.