2023 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.