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New York · Through 2026-09-11

N.Y. General Business Law § 186: Return of fees

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Where this section sits in the code
  1. General Business Law
  2. Article 11. Employment Agencies

§ 186. Return of fees. 1. Excessive fee: Any employment agency which

collects, receives or retains a fee or other payment contrary to or in

excess of the provisions of this article, shall return the fee or the

excess portion thereof within seven days after receiving a demand

therefor.

2. Failure to report: If a job applicant accepts employment and

thereafter fails to report for work, the gross fee charged to such

applicant shall not exceed twenty-five per cent of the maximum fee

allowed by section one hundred eighty-five of this article. If a job

applicant accepts employment and fails to report for work, no fee shall

be charged to the employer.

3. Termination without employee's fault. If a job applicant accepts

employment and reports for work, and thereafter such employment is

terminated without fault of the employee, the gross fee charged to such

employee and to the employer each shall not exceed ten percent of the

salary or wages received by such employee, and in no event shall such

fee exceed the maximum fee allowed by section one hundred eighty-five of

this article. However, if such employee is a domestic or household

employee recruited from a state outside of this state the fee of the

employer shall not exceed thirty-three and one-third percent of the

wages or salary actually earned.

4. Termination under all other circumstances: If a job applicant

accepts employment and reports for work, and thereafter such employment

is terminated under any other circumstances, the gross fee charged to

such employee and the employer each shall not exceed fifty per cent of

the salary or wages received by such employee, and in no event shall

such fee exceed the maximum fee allowed by section one hundred

eighty-five of this article.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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