N.Y. General Business Law 192 – Prohibited activities
§ 192. Prohibited activities. An employer fee paid employment agency shall not engage in any of the following activities or conduct:
Terms Used In N.Y. General Business Law 192
- 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. See N.Y. General Business Law 171 - 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. See N.Y. General Business Law 171
- Person: means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office or the agent or employee of the foregoing. See N.Y. General Business Law 171
1. 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 it regularly be accorded interviews with applicants of certain qualifications if a confirmation of the order is sent to the employer. Likewise an agency may attempt to sell the services of an applicant to an employer from which no job order has been received as long as this fact is told the applicant before the applicant 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 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.
2. Send or cause to be sent any person to any employer where the 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 4 of the labor law, or, that a labor dispute is in progress, without notifying the applicant of such fact, and delivering to him or her 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.
3. Require applicants for employment to subscribe to any publication or incidental service or contribute to the cost of advertising.
4. 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.