N.Y. General Business Law § 171: Definitions

§ 171. Definitions. Whenever used in this article:

1. "Commissioner" means the industrial commissioner of the state of

New York, except that in the application of this article to the city of

New York the term "commissioner" means the commissioner of consumer

affairs of such city.

2. a. "Employment agency" means any person (as hereinafter defined)

who, for a fee, procures or attempts to procure:

(1) employment or engagements for persons seeking employment or

engagements, or

(2) employees for employers seeking the services of employees.

b. "Employment agency" shall include any person engaged in the

practice of law who regularly and as part of a pattern of conduct,

directly or indirectly, recruits, supplies, or attempts or offers to

recruit or supply, an employee who resides outside the continental

United States (as defined in section one hundred eighty-four-a of this

article) for employment in this state and who receives a fee in

connection with the arrangement for the admission into this country of

such workers for employment.

c. "Employment agency" shall include any person who, for a fee,

renders vocational guidance or counselling services and who directly or

indirectly:

(1) procures or attempts to procure or represents that he can procure

employment or engagements for persons seeking employment or engagements;

(2) represents that he has access, or has the capacity to gain access,

to jobs not otherwise available to those not purchasing his services; or

(3) provides information or service of any kind purporting to promote,

lead to or result in employment for the applicant with any employer

other than himself.

d. "Employment agency" shall include any nurses' registry and any

theatrical employment agency (as hereinafter defined).

e. "Employment agency" shall not include: (1) any employment bureau

conducted by a duly incorporated bar association, hospital, association

of registered professional nurses, registered medical institution, or by

a duly incorporated association or society of professional engineers, or

by a duly incorporated association or society of land surveyors, or by a

duly incorporated association or society of registered architects; (2)

any speakers' bureau as defined in subdivision eleven hereof; (3) any

organization operated by or under the exclusive control of a bonafide

nonprofit educational, religious, charitable or eleemosynary

institution. (4) any person, firm, corporation or organization defined

and regulated by sections one hundred ninety-one through one hundred

ninety-three of this chapter.

3. "Fee" means anything of value, including any money or other

valuable consideration charged, collected, received, paid or promised

for any service, or act rendered or to be rendered by an employment

agency, including but not limited to money received by such agency or

its emigrant agent which is more than the amount paid by it for

transportation, transfer of baggage, or board and lodging on behalf of

any applicant for employment.

4. "Agency manager" means the person designated by the applicant for a

license who is responsible for the direction and operation of the

placement activities of the agency at the premises covered by the

license.

5. "Placement employee" shall mean any agency manager, director,

counsellor, interviewer, or any other person employed by an employment

agency who spends a substantial part of his time interviewing,

counselling or conferring with job applicants or employers for the

purpose of placing or procuring job applicants, but shall not include

employees of an employment agency who are primarily engaged in clerical

occupations.

6. "Nurses' registry" means any employment agency, bureau, office or

other place which procures or attempts to procure employment or

engagements for nurses licensed pursuant to article one hundred

thirty-nine of the education law as a registered professional nurse or

licensed practical nurse.

7. "Person" means any individual, company, society, association,

corporation, manager, contractor, subcontractor, partnership, bureau,

agency, service, office or the agent or employee of the foregoing.

8. "Theatrical employment agency" means any person (as defined in

subdivision seven of this section) who procures or attempts to procure

employment or engagements for an artist, but such term does not include

the business of managing entertainments, exhibitions or performances, or

the artists or attractions constituting the same, where such business

only incidentally involves the seeking of employment therefor.

8-a. "Artist" shall mean actors and actresses rendering services on

the legitimate stage and in the production of motion pictures, radio

artists, musical artists, musical organizations, directors of legitimate

stage, motion picture and radio productions, musical directors, writers,

cinematographers, composers, lyricists, arrangers, models, and other

artists and persons rendering professional services in motion picture,

theatrical, radio, television and other entertainment enterprises.

9. "Theatrical engagement" means any engagement or employment of an

artist.

10. "Emigrant agent" shall mean any person, on behalf of an employment

agency who, for a fee, procures or attempts to procure employment for

persons outside the state or outside the continental United States

seeking such employment, or employees from outside the state or outside

the continental United States for employers seeking the services of such

employees.

11. "Speakers' bureau" means any person whose principal business is to

provide lecture business management and promotional services on behalf

of lecturers or speakers and procures on behalf of a lecturer or

speaker, speaking engagements to appear in lecture programs established

by an individual or institutional sponsor and who charges a fee,

directly or indirectly, to such lecturer or speaker.

Whenever used in this article words in the singular shall include the

plural.