N.Y. General Business Law § 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.