S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   300

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to fees charged by
  employment agencies for class "A" or "A-1" employment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 185 of the general  business  law,
as  amended  by  chapter  460  of the laws of 2012, is amended and a new
subdivision 1-a is added to read as follows:
  1. Circumstances permitting fee. An employment agency shall not charge
or accept a fee or other consideration unless  in  accordance  with  the
terms of a written contract with a job applicant[, except:
  (a)  for  class  "A"  and "A-1" employment, and except] AND after such
agency has been responsible for  referring  such  job  applicant  to  an
employer or such employer to a job applicant and where as a result ther-
eof such job applicant has been employed by such employer[; and
  (b)],  EXCEPT  for class "C" employment: [(i)] (A) after an agency has
been responsible for referring an artist to an employer or such employer
to an artist and where as a result thereof such artist has been employed
by such employer; or [(ii)] (B) after an agency represents an artist  in
the  negotiation or renegotiation of an original or pre-existing employ-
ment contract and where as a result thereof the  artist  enters  into  a
negotiated or renegotiated employment contract. For class "C" employment
pursuant to this paragraph, an employment agency shall provide an artist
with  a  statement  setting  forth  in  a  clear  and concise manner the
provisions of this section and section one hundred  eighty-six  of  this
article.    The maximum fees provided for herein for all types of place-
ments or employment may be charged to the job applicant  and  a  similar
fee  may  be charged to the employer provided, however, that with regard
to placements in class "B" employment, a fee of up to one  and  one-half

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01899-01-5

S. 300                              2

times the fee charged to the job applicant may be charged to the employ-
er. By agreement with an employment agency, the employer may voluntarily
assume payment of the job applicant's fee. The fees charged to employers
by  any  licensed  person  conducting an employment agency for rendering
services in connection with, or for providing employment in classes "A",
"A-1" and "B", as  hereinafter  defined  in  subdivision  four  of  this
section  where the applicant is not charged a fee shall be determined by
agreement between the employer and the employment agency.  No fee  shall
be  charged or accepted for the registration of applicants for employees
or employment.
  1-A. FEE REFUND.  AN EMPLOYMENT AGENCY WHO HAS CHARGED OR  ACCEPTED  A
FEE  OR OTHER CONSIDERATION FOR CLASSES "A" AND "A-1" EMPLOYMENT WITHOUT
A CONTRACT PRIOR TO OCTOBER FIRST, TWO THOUSAND FIFTEEN SHALL REFUND THE
FULL AMOUNT TO THE JOB APPLICANT BY NOVEMBER FIRST, TWO THOUSAND FIFTEEN
IF: (I) SUCH FEE OR CONSIDERATION DID NOT  LEAD  TO  THE  JOB  APPLICANT
OBTAINING  EMPLOYMENT  THROUGH THE EMPLOYMENT AGENCY; OR (II) THE FEE OR
CONSIDERATION WAS  NOT  APPLIED  TO  THE  JOB  APPLICANT'S  ACCOUNT  FOR
SERVICES RENDERED BY THE EMPLOYMENT AGENCY.
  S  2.  Subdivision  3  of  section 185 of the general business law, as
amended by chapter 1010 of the laws of  1960,  is  amended  to  read  as
follows:
  3.  Deposits,  advance  fees.  Notwithstanding any other provisions of
this section, an employment agency [may] SHALL not require OR  ACCEPT  a
deposit or advance fee from any applicant [except an applicant for class
"A" or class "A1" employment, and only to the extent of the maximum fees
hereinafter  provided.  Such  deposit  or  advance  fee  shall be offset
against any fee charged or accepted when such  employment  is  obtained.
Any  excess above the lawful fee shall be returned without demand there-
for, immediately after the employment agency has been notified that such
employment has been obtained; and all of such  deposit  or  advance  fee
shall  be  returned  immediately upon demand therefor, if at the time of
the demand such employment  has  not  been  obtained].  ANY  DEPOSIT  OR
ADVANCE  FEE  COLLECTED  BY AN EMPLOYMENT AGENCY PRIOR TO OCTOBER FIRST,
TWO THOUSAND FIFTEEN MUST BE  REFUNDED  TO  THE  APPLICANT  BY  NOVEMBER
FIRST,  TWO THOUSAND FIFTEEN IF: (I) SUCH DEPOSIT OR ADVANCE FEE DID NOT
LEAD TO THE JOB APPLICANT OBTAINING EMPLOYMENT  THROUGH  THE  EMPLOYMENT
AGENCY  OR  (II)  THE  DEPOSIT OR ADVANCE FEE WAS NOT APPLIED TO THE JOB
APPLICANT'S ACCOUNT FOR SERVICES RENDERED BY THE EMPLOYMENT AGENCY.
  S 3. This act shall take effect October 1, 2015.