N.Y. General Business Law § 187: Additional prohibitions

§ 187. Additional prohibitions. An employment agency shall not engage

in any of the following activities or conduct:

(1) Induce or attempt to induce any employee to terminate his

employment in order to obtain other employment through such agency,

provided, however, that this provision shall not apply to an employee

not placed in employment by the employment agency who is offered an

executive administrative or professional position where the first year's

compensation is $12,000.00 or more or procure or attempt to procure the

discharge of any person from his employment.

(2) Publish or cause to be published any false, fraudulent or

misleading information, representation, promise, notice or

advertisement.

(3) Advertise in newspapers or otherwise, or use letterheads or

receipts or other written or printed matter, unless such advertising or

other matter contains the name and address of the employment agency, the

word "agency" and the agency's license number.

(4) Direct an applicant to an employer for the purpose of obtaining

employment without having first obtained a bona fide order therefor;

however, a qualified applicant may be directed to an employer who has

previously requested that he regularly be accorded interviews with

applicants of certain qualifications if a confirmation of the order is

sent to the employer. Likewise an employment agency may attempt to sell

the services of an applicant to an employer from whom no job order has

been received as long as this fact is told to the applicant before he is

directed to the employer. Any applicant who is referred to an employer

contrary to the provisions of this subdivision without obtaining

employment thereby, shall be reimbursed by the employment agency for all

ordinary and necessary travel expenses incurred by the applicant as a

result of such referral, within twenty-four hours of making a demand

therefor.

(5) Send or cause to be sent any person to any employer where the

employment agency knows, or reasonably should have known, that the

prospective employment is or would be in violation of state or federal

laws governing minimum wages or child labor, or in violation of article

sixty-five of the education law relating to compulsory education or

article four of the labor law, or, that a labor dispute is in progress,

without notifying the applicant of such fact, and delivering to him a

clear written statement that a labor dispute exists at the place of such

employment, or make any referral to an employment or occupation

prohibited by law.

(6) Send or cause to be sent any person to any place which the

employment agency knows or reasonably should have known is maintained

for immoral or illicit purposes; nor knowingly permit persons of bad

character, prostitutes, gamblers, procurers or intoxicated persons to

frequent such agency.

(7) Compel any person to enter such agency for any purpose by the use

of force.

(8) Engage in any business on the premises of the employment agency

other than the business of operating an employment agency, except as

owner, manager, employee or agent, the business of furnishing services

to employers through the employment of temporary employees.

(9) Receive or accept any valuable thing or gift as a fee or in lieu

thereof, nor divide or share, either directly or indirectly, the fees

herein allowed, with contractors, subcontractors, employers or their

agents, foremen or any one in their employ, or if the contractors,

subcontractors or employers be a corporation, any of the officers,

directors or employees of the same to whom applicants for employment are

sent.

(10) Require applicants for employees or employment to subscribe to

any publication or incidental service or contribute to the cost of

advertising.

(11) Make or cause to be made or use any name, sign or advertising

device bearing a name which may be similar to or may reasonably be

confused with the name of a federal, state, city, county or other

government agency.

(12) Refuse to return on demand of an applicant any baggage or

personal property belonging to such applicant.

(13) Charge an applicant any fee for a placement in a job which the

agency advertised or represented to the job applicant to be a fee-paid

job.

(14) Refer an applicant to a specified bank or credit organization for

purposes of obtaining a loan.