2023 New York Laws › GBS - General Business › Article 11 - Employment Agencies. › 187 - Additional Prohibitions.

§  187. Additional prohibitions. An employment agency shall not engage
in any of the following activities or conduct:
(1) Induce  or  attempt  to  induce  any  employee  to  terminate  his
employment  in  order  to  obtain  other employment through such agency,
provided, however, that this provision shall not apply  to  an  employee
not  placed  in  employment  by  the employment agency who is offered an
executive administrative or professional position where the first year's
compensation is $12,000.00 or more or procure or attempt to procure  the
discharge of any person from his employment.
(2)  Publish  or  cause  to  be  published  any  false,  fraudulent or
misleading   information,    representation,    promise,    notice    or
advertisement.
(3)  Advertise  in  newspapers  or  otherwise,  or  use letterheads or
receipts or other written or printed matter, unless such advertising  or
other matter contains the name and address of the employment agency, the
word "agency" and the agency's license number.
(4)  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  he  regularly  be  accorded  interviews  with
applicants  of  certain qualifications if a confirmation of the order is
sent to the employer. Likewise an employment agency may attempt to  sell
the  services  of an applicant to an employer from whom no job order has
been received as long as this fact is told to the applicant before he 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 employment 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.
(5) Send or cause to be sent any person  to  any  employer  where  the
employment  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  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.
(6) Send or cause to be  sent  any  person  to  any  place  which  the
employment  agency  knows  or reasonably should have known is maintained
for immoral or illicit purposes; nor knowingly  permit  persons  of  bad
character,  prostitutes,  gamblers,  procurers or intoxicated persons to
frequent such agency.
(7) Compel any person to enter such agency for any purpose by the  use
of force.
(8)  Engage  in  any business on the premises of the employment agency
other than the business of operating an  employment  agency,  except  as
owner,  manager,  employee or agent, the business of furnishing services
to employers through the employment of temporary employees.
(9) Receive or accept any valuable thing or gift as a fee or  in  lieu
thereof,  nor  divide  or share, either directly or indirectly, the fees
herein allowed, with contractors,  subcontractors,  employers  or  their
agents,  foremen  or  any  one  in  their employ, or if the contractors,
subcontractors or employers be  a  corporation,  any  of  the  officers,
directors or employees of the same to whom applicants for employment are
sent.
(10)  Require  applicants  for employees or employment to subscribe to
any publication or incidental service  or  contribute  to  the  cost  of
advertising.
(11)  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.
(12) Refuse to return  on  demand  of  an  applicant  any  baggage  or
personal property belonging to such applicant.
(13)  Charge  an  applicant any fee for a placement in a job which the
agency advertised or represented to the job applicant to be  a  fee-paid
job.
(14) Refer an applicant to a specified bank or credit organization for
purposes of obtaining a loan.