2023 New York Laws › GBS - General Business › Article 11 - Employment Agencies. › 194 - Employment Agency Fees; Reimbursement From Employee to Employer Prohibited.

§ 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.