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S06369 Summary:

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S06369 Committee Votes:

S06369 Floor Votes:

S06369 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6369--A
            Cal. No. 1324
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      May 11, 2017
                                       ___________
 
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN  ACT  to  amend  the  general  business law and the arts and cultural
          affairs law, in relation to certain contracts
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  181  of  the general business law, as amended by
     2  chapter 13 of the laws of 2017, is amended to read as follows:
     3    § 181. Contracts, statements of terms and conditions, and receipts. It
     4  shall be the duty of every employment agency to give to  each  applicant
     5  for employment:
     6    1. A true copy of every contract executed between such agency and such
     7  applicant,  which shall have printed on it or attached to it a statement
     8  setting forth in a clear and concise manner the provisions  of  sections
     9  one hundred eighty-five, and one hundred eighty-six of this article.
    10    2.  [(a)]  For class "C" theatrical employment: [information as to the
    11  name and address of the person to whom the applicant  is  to  apply  for
    12  such  employment,  the  kind of service to be performed, the anticipated
    13  rate of wages or compensation, the agency's fee for the applicant  based
    14  on  such  anticipated  wages or compensation, whether such employment is
    15  permanent or temporary, the name and address of the  person  authorizing
    16  the  hiring  of  such  applicant,  and the cost of transportation if the
    17  services are required outside of the city, town or  village  where  such
    18  agency  is  located.  If  the  job  is a conditionally fee-paid job, the
    19  conditions under which the applicant will be required to pay a fee shall
    20  be clearly set forth in a separate agreement in ten-point type signed by
    21  the job applicant.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11746-05-7
        S. 6369--A                          2

     1    (b) for] (a) Such contract in blank shall be  first  approved  by  the
     2  commissioner  and  his  or  her  determination  shall  be  reviewable by
     3  certiorari. Each contract shall include the gross commission or fees  to
     4  be  paid  by  the  artist to the theatrical employment agency consistent
     5  with  section  one hundred eighty-five of this article attached, hereto.
     6  Each such contract shall also include the name,  address,  phone  number
     7  and  license  number  of the theatrical employment agency in addition to
     8  the name of the artist, the type of services covered  by  the  contract,
     9  and all terms and conditions associated with the payment of such commis-
    10  sion or fees. The theatrical employment agency shall keep on file a copy
    11  of  each contract entered into with an artist and provide a copy of each
    12  contract to the artist.
    13    (b) Separate from the  contract,  the  agency  shall  provide  to  the
    14  artist,  at  the time of each audition or interview for specific employ-
    15  ment, information as to the name and address of the person to  whom  the
    16  artist is to apply for such employment, the service to be performed, the
    17  anticipated rate of compensation, where such compensation is known prior
    18  to  the  audition  or interview, and any other material terms and condi-
    19  tions of such employment that are known by the agency prior to the audi-
    20  tion or interview. Such information may be provided by electronic commu-
    21  nication.
    22    3. For all other employment, including class "A" and "A-1" employment,
    23  each contract shall include, but  not  be  limited  to,  the  following:
    24  information  as to the name and address of the person to whom the appli-
    25  cant is to apply for such employment, the name, the address, the mailing
    26  address, and the telephone  number  of  the  employer;  the  address  or
    27  addresses of employment, the kind of service to be performed; the antic-
    28  ipated  rate of wages or compensation; the anticipated hours of work per
    29  day and number of days to be worked per week; the agency's fee  for  the
    30  applicant based on such anticipated wages or compensation; any provision
    31  to  the  employee,  and  costs  associated with that provision including
    32  housing, health insurance, healthcare, sick leave, holidays and  retire-
    33  ment  benefits;  whether  such employment is permanent or temporary, the
    34  anticipated period of employment, the name and  address  of  the  person
    35  authorizing the hiring of such applicant; and the cost of transportation
    36  if  the services are required outside of the city, town or village where
    37  such agency is located. If the job is a conditionally fee-paid job,  the
    38  conditions under which the applicant will be required to pay a fee shall
    39  be clearly set forth in a separate agreement in ten-point type signed by
    40  the job applicant.
    41    [3.]  4.  (a)  This paragraph shall apply to all classes of employment
    42  except for class "C" theatrical employment. The employment agency  shall
    43  provide  to  each  applicant,  a  separate  document  accompanying  each
    44  contract summarizing the terms and  conditions  of  the  contract.  This
    45  document  shall be entitled "terms and conditions" and shall include the
    46  language that the document is not a contract and that such  document  is
    47  not legally binding. The terms and conditions shall be provided in plain
    48  and  commonly  understood  terms  and  language  which shall aid the job
    49  applicant in understanding the transaction and such document shall limit
    50  the use of technical terms whenever possible.
    51    (b) The terms and conditions shall conform  to  any  templates  estab-
    52  lished  by the commissioner and be made available to employment agencies
    53  in such manner as determined by the  commissioner.  In  developing  such
    54  templates,  the  commissioner  shall afford the public an opportunity to
    55  submit comments on such templates.
        S. 6369--A                          3
 
     1    (c) The commissioner may promulgate rules and regulations necessary to
     2  carry out the provisions of this section.
     3    (d)  An  employment  agency shall not be penalized for errors or omis-
     4  sions in the non-English portions  of  any  templates  provided  by  the
     5  commissioner.
     6    [4.]  5.  A  receipt  for  any fee, deposit, consideration, or payment
     7  which such agency receives from such applicant, which shall have printed
     8  or written on it the name of the applicant, the name and address of  the
     9  employment  agency,  the date and amount of such fee, deposit, consider-
    10  ation or payment or portion thereof for which the receipt is given,  the
    11  purpose for which it was paid, and the signature of the person receiving
    12  such  payment.  If  the applicant for employment has been recruited from
    13  outside the state for domestic or household employment the receipt shall
    14  have printed on it, or attached to it, a copy  of  section  one  hundred
    15  eighty-four  of  this  article. [The] Except as provided below for class
    16  "C" theatrical employment, the receipt shall also  include,  immediately
    17  above  the  place for signature of the person receiving payment, set off
    18  in a box and printed in bold capital letters, the  following  statement:
    19  "An  employment  agency  may  not  charge  you, the job applicant, a fee
    20  before referring you to a job that you accept. If you pay a  fee  before
    21  accepting  a  job  or pay a fee that otherwise violates the law, you may
    22  demand a refund, which shall be repaid within seven days". For class "C"
    23  employment such receipt shall state: "A theatrical employment agency may
    24  not charge you, the artist, a fee before referring you to a job that you
    25  accept. A theatrical employment agency may charge you, the artist, a fee
    26  after an agency represents you in the negotiation or renegotiation of an
    27  original or pre-existing employment contract. If  you  pay  a  fee  that
    28  otherwise  violates  the  law,  you  may demand a refund, which shall be
    29  repaid within seven days".
    30    [5.] 6. The completed original or duplicate-original copy of each such
    31  contract, statement of terms and conditions,  receipts,  and  any  other
    32  documents  given  to the applicant shall be retained by every employment
    33  agency for three years following the  date  on  which  the  contract  is
    34  executed  or  the  payment  is  made,  and  shall  be made available for
    35  inspection by the commissioner or his or her duly  authorized  agent  or
    36  inspector, upon his or her request. Notwithstanding the other provisions
    37  of  such  contracts, the monetary consideration to be paid by the appli-
    38  cant shall not exceed the fee ceiling provided in subdivision  eight  of
    39  section one hundred eighty-five of this article.
    40    §  2. Section 37.03 of the arts and cultural affairs law is amended to
    41  read as follows:
    42    § 37.03. Theatrical employment; contracts. [Every licensed person  who
    43  shall procure for or offer to an applicant a theatrical engagement shall
    44  have executed in duplicate a contract or deliver to the parties as here-
    45  in  set  forth a statement containing the name and address of the appli-
    46  cant; the name and address of the employer of the applicant and  of  the
    47  person  acting  for  such employer in employing such applicant; the time
    48  and duration of such engagement; the amount to be paid  to  such  appli-
    49  cant;  the  character  of  entertainment  to  be given or services to be
    50  rendered; the number of performances per day or per week that are to  be
    51  given  by  said  applicant;  if a vaudeville engagement, the name of the
    52  person by whom the transportation is to be paid, and if  by  the  appli-
    53  cant,  either  the  cost of transportation between the places where said
    54  entertainment or services are to be given or rendered,  or  the  average
    55  cost  of transportation between the places where such services are to be
    56  given or rendered; and if a dramatic engagement, the cost of transporta-
        S. 6369--A                          4

     1  tion to the place where the services begin, if paid  by  the  applicant;
     2  and  the  gross  commission  or fees to be paid by said applicant and to
     3  whom. Such contracts or statements shall contain no other conditions and
     4  provisions  except such as are equitable between the parties thereto and
     5  do not constitute an unreasonable restriction of business. Forms of such
     6  contract and statement in blank shall be first approved by  the  commis-
     7  sioner  and  his determination shall be reviewable by certiorari. One of
     8  such duplicate contracts or of such statements shall be delivered to the
     9  person engaging the applicant and the other shall  be  retained  by  the
    10  applicant. The licensed person procuring such engagement for such appli-
    11  cant  shall  keep on file or enter in a book provided for that purpose a
    12  copy of such contract or  statement.]  Contracts  between  a  theatrical
    13  employment  agency  and  an artist shall include the gross commission or
    14  fees to be paid by  the  artist  to  the  theatrical  employment  agency
    15  consistent  with section one hundred eighty-five of the general business
    16  law attached, hereto. Such contracts shall contain no  other  conditions
    17  and  provisions except such as are equitable between the parties thereto
    18  and do not constitute an unreasonable restriction of business. In  addi-
    19  tion, such contracts in blank shall be first approved by the commission-
    20  er of labor and his or her determination shall be reviewable by certior-
    21  ari.  Each  such  contract  shall  also include the name, address, phone
    22  number and license number of the theatrical employment agency  in  addi-
    23  tion  to  the  name  of  the artist, the type of services covered by the
    24  contract, and all terms and conditions associated with  the  payment  of
    25  such  commission or fees. The theatrical employment agency shall keep on
    26  file a copy of each contract entered into with an artist and  provide  a
    27  copy  of  each contract to the artist. Separately from the contract, the
    28  agency shall provide to the artist, at the  time  of  each  audition  or
    29  interview  for  specific  employment,  information  as  to  the name and
    30  address of the person to whom the artist is to apply  for  such  employ-
    31  ment, the service to be performed, the anticipated rate of compensation,
    32  where such compensation is known prior to the audition or interview, and
    33  any  other  material  terms  and  conditions of such employment that are
    34  known by the agency prior to the audition or interview. Such information
    35  may be provided by electronic communication.
    36    § 3. This act shall take effect immediately.