2023 New York Laws › GBS - General Business › Article 11 - Employment Agencies. › 184 - Recruitment of Domestic or Household Employees Who Are Residents of Other States; Findings and Policy.

§  184.  Recruitment  of  domestic  or  household  employees  who  are
residents of other states; findings and policy. The  acute  shortage  of
domestic  or  household  employees  in  this  state has led to extensive
recruitment of such employees  from  other  states  in  the  continental
United  States.  Social,  economic  and  community problems occur in the
process of recruiting and relocating unskilled  employees  from  outside
the  state  for  such household employment.  It is hereby declared to be
the public policy of the state to  encourage  the  recruitment  of  such
employees from outside the state only under circumstances and conditions
which  will safeguard and protect the interests of such employees, their
employers and the public at  large.  Incident  to  such  recruiting  are
factors  and  considerations  which  do  not exist in the recruitment of
workers from within the state which impose certain responsibilities upon
employment  agencies  engaged  in  such   recruiting.   Likewise,   such
employment  agencies  incur  costs  in  the  recruiting and placement of
employees from without the state which are not  entailed  in  recruiting
residents  of  the  state.    Therefore,  in  order to provide sound and
responsible practices and procedures for such recruitment  and  adequate
regulation  thereof, the following provisions of this section are deemed
to be in the interest of the public safety and welfare.
1.  No  employment  agency,  directly  or  indirectly,  shall   accept
applications  from  persons  who  reside  in  a  state outside New York,
procure or offer  to  procure  employment  of  persons  as  domestic  or
household  employees  who  are  residing in states outside of this state
previous to their application for employment, except as provided in this
section and in the applicable  provisions  of  other  sections  of  this
article.  As  used  in  this  section,  the  term "state" applies to the
forty-eight states on this continent, and the District of Columbia,  but
does not include the state of Alaska.
2.  An  employment  agency which engages in such recruitment, offer or
procurement as described in subdivision  one,  directly  or  indirectly,
shall furnish to the commissioner a written list containing the name and
address  of all emigrant agents from whom it accepts job applicants.  If
such emigrant agents are required to be licensed in the places in  which
they  are  recruiting  employees,  no  employment  agency,  directly  or
indirectly,  shall  accept  applicants  from  persons  other  than  duly
licensed emigrant agents.
3.  No  employment  agency  shall,  directly or indirectly, procure or
offer to procure domestic or household employment for a  person  who  is
under the age of eighteen years and resides outside of the state.
4.  If  an employment agency engages in the recruitment of domestic or
household employees from outside of the state, it shall:
(a) Enter into its register the following information, in addition  to
the  register  entries prescribed in section one hundred seventy-nine of
this article: (1) the last home address and birth date of all applicants
for such employment  whom  the  employment  agency  is  responsible  for
bringing  into  New York state; (2) the name and address of the emigrant
agent, if any, through whom such applicant was obtained;  (3)  the  name
and  address  of  all  persons  to  whom  the employment agency has made
payments in connection with the recruitment of the applicant and amounts
of such payments; (4) the total  charges  made  by  the  agency  to  the
applicant  include, to be separately designated: (A) agency fee; (B) any
charges for transportation, and (C) any other charges in connection with
placement.
(b) Respecting applicants from out of the state for whom the agency is
responsible, directly or indirectly, for bringing into New  York  state,
the  agency shall have the following additional obligations:  (1) direct
that the transportation of such applicants shall  be  by  duly  licensed

common  carrier  for  passengers  where  transportation  to  New York is
arranged for or authorized, directly or indirectly,  by  the  employment
agency;  (2) provide solely at agency expense suitable lodging and meals
for the applicant if he or she is not placed in employment the day he or
she  arrives at the office of the employment agency, from the time he or
she reports at such agency until he or she is placed, or is returned  to
the  place from which he or she was recruited, or is given the option of
returning to such place as provided in  part  (3)  hereof,  and  provide
solely  at  the  agency's expense meals and lodging for the applicant at
any time the applicant is not  employed  during  the  thirty-day  period
following  the day the applicant arrives at the office of the employment
agency unless the applicant unreasonably refuses  to  accept  comparable
employment  offered  by  the  agency;  (3)  provide  the return fare and
reasonable allowance for one day's meals to the  applicant  or  employee
should the employment terminate within thirty days and such applicant or
employee  is without employment, or should no placement be made, and the
employee desires to return to the place from which he was recruited. The
bond pursuant to section one hundred seventy-seven of this article shall
secure performance of the aforementioned undertaking and  that  required
by  provision  (2)  above  and  the  provisions  of  section one hundred
seventy-eight concerning actions on bonds shall be  applicable  thereto;
(4)  give  an  applicant  before  being  brought to this state a written
statement on a form approved by the commissioner showing the nature  and
duties  of the job for which the applicant is recruited, the anticipated
wages, the amount of the agency fee based on such wages, the amount  for
transportation  that the applicant will have to repay if such amount has
been advanced by the agency, and the amount of  any  other  advances  or
charges. The statement also shall indicate when such amounts are payable
to  the  agency.  A  copy of such statement shall be kept on file by the
agency, and the copy shall have indicated on it when  and  by  whom  the
original  statement was given to the applicant; (5) communicate from New
York state with the reference with  which  the  agency  is  required  to
check,  and no worker shall be induced, encouraged, invited or requested
to come to New York state for employment unless communication shall have
been made at least one  day  prior  thereto;  and  (6)  not  require  an
applicant  to  pay  the agency fee and any advances or charges at a rate
greater than in four equal installments payable at the end of the first,
second,   third,   and   fourth   weeks   following   the    employment,
notwithstanding  the provisions of subdivisions two and three of section
one hundred eighty-five, or any other provision of this chapter.
5. Notwithstanding the maximum fee schedule provided  for  in  section
one hundred eighty-five of this article, the maximum fee to be charged a
job  applicant  for placement in employment under this section shall not
exceed, as a percentage of the first full month's salary  or  wages  the
following:
 
where no meals or lodging are provided ............................ 15 %
where one meal per work day is provided ........................... 18 %
where two meals per work day are provided ......................... 21 %
where three meals per work day and lodging are provided and
where the first full month's salary or wages is:
less than $130 .................................................... 26 %
at least $130 but less than $150 .................................. 28 %
at least $150 or more ............................................. 30 %
5.  Subsequent placement. If employment terminates within thirty days,
and the agency is responsible for the placement  of  the  employee  with
another  employer  within  such thirty-day period, the agency may charge

the maximum fee provided by subdivision four of this  section.  If  such
subsequent  placement  is  made  after  such  thirty-day period, the fee
provisions of section one hundred eighty-five shall apply.