N.Y. General Business Law § 181: Contracts, statements of terms and conditions, and receipts

§ 181. Contracts, statements of terms and conditions, and receipts. It

shall be the duty of every employment agency to give to each applicant

for employment:

1. A true copy of every contract executed between such agency and such

applicant, which shall have printed on it or attached to it a statement

setting forth in a clear and concise manner the provisions of sections

one hundred eighty-five, and one hundred eighty-six of this article.

2. (a) For class "C" theatrical employment:

(1) Such contract in blank shall be first approved by the commissioner

and his or her determination shall be reviewable by certiorari. Each

contract shall include the gross commission or fees to be paid by the

artist to the theatrical employment agency consistent with section one

hundred eighty-five of this article. Each such contract shall also

include the name, address, phone number and license number of the

theatrical employment agency in addition to the name of the artist, the

type of services covered by the contract, and all terms and conditions

associated with the payment of such commission or fees. The theatrical

employment agency shall keep on file a copy of each contract entered

into with an artist and provide a copy of each contract to the artist.

(2) Separate from the contract, the agency shall provide to the

artist, at the time of each audition or interview for specific

employment, information as to the name and address of the person to whom

the artist is to apply for such employment, the service to be performed,

the anticipated rate of compensation, where such compensation is known

prior to the audition or interview, and any other material terms and

conditions of such employment that are known by the agency prior to the

audition or interview. Such information may be provided by electronic

communication.

(b) For all other employment, including class "A" and "A-1"

employment, each contract shall include, but not be limited to, the

following: information as to the name and address of the person to whom

the applicant is to apply for such employment, the name, the address,

the mailing address, and the telephone number of the employer; the

address or addresses of employment, the kind of service to be performed;

the anticipated rate of wages or compensation; the anticipated hours of

work per day and number of days to be worked per week; the agency's fee

for the applicant based on such anticipated wages or compensation; any

provision to the employee, and costs associated with that provision

including housing, health insurance, healthcare, sick leave, holidays

and retirement benefits; whether such employment is permanent or

temporary, the anticipated period of employment, the name and address of

the person authorizing the hiring of such applicant; and the cost of

transportation if the services are required outside of the city, town or

village where such agency is located. If the job is a conditionally

fee-paid job, the conditions under which the applicant will be required

to pay a fee shall be clearly set forth in a separate agreement in

ten-point type signed by the job applicant.

3. (a) This paragraph shall apply to all classes of employment except

for class "C" theatrical employment. The employment agency shall provide

to each applicant, a separate document accompanying each contract

summarizing the terms and conditions of the contract. This document

shall be entitled "terms and conditions" and shall include the language

that the document is not a contract and that such document is not

legally binding. The terms and conditions shall be provided in plain and

commonly understood terms and language which shall aid the job applicant

in understanding the transaction and such document shall limit the use

of technical terms whenever possible.

(b) The terms and conditions shall conform to any templates

established by the commissioner and be made available to employment

agencies in such manner as determined by the commissioner. In developing

such templates, the commissioner shall afford the public an opportunity

to submit comments on such templates.

(c) The commissioner may promulgate rules and regulations necessary to

carry out the provisions of this section.

(d) An employment agency shall not be penalized for errors or

omissions in the non-English portions of any templates provided by the

commissioner.

4. A receipt for any fee, deposit, consideration, or payment which

such agency receives from such applicant, which shall have printed or

written on it the name of the applicant, the name and address of the

employment agency, the date and amount of such fee, deposit,

consideration or payment or portion thereof for which the receipt is

given, the purpose for which it was paid, and the signature of the

person receiving such payment. If the applicant for employment has been

recruited from outside the state for domestic or household employment

the receipt shall have printed on it, or attached to it, a copy of

section one hundred eighty-four of this article. Except as provided

below for class "C" theatrical employment, the receipt shall also

include, immediately above the place for signature of the person

receiving payment, set off in a box and printed in bold capital letters,

the following statement: "An employment agency may not charge you, the

job applicant, a fee before referring you to a job that you accept. If

you pay a fee before accepting a job or pay a fee that otherwise

violates the law, you may demand a refund, which shall be repaid within

seven days". For class "C" employment such receipt shall state: "A

theatrical employment agency may not charge you, the artist, a fee

before referring you to a job that you accept. A theatrical employment

agency may charge you, the artist, a fee after an agency represents you

in the negotiation or renegotiation of an original or pre-existing

employment contract. If you pay a fee that otherwise violates the law,

you may demand a refund, which shall be repaid within seven days".

5. The completed original or duplicate-original copy of each such

contract, statement of terms and conditions, receipts, and any other

documents given to the applicant shall be retained by every employment

agency for three years following the date on which the contract is

executed or the payment is made, and shall be made available for

inspection by the commissioner or his or her duly authorized agent or

inspector, upon his or her request. Notwithstanding the other provisions

of such contracts, the monetary consideration to be paid by the

applicant shall not exceed the fee ceiling provided in subdivision eight

of section one hundred eighty-five of this article.