NY Gen Bus L § 181 (2021)
2021 New York Laws GBS - General Business Article 11 - Employment Agencies. 181 - Contracts, Statements of Terms and Conditions, and Receipts.

§ 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.