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S07324 Summary:

S07324 Actions:

S07324 Committee Votes:

S07324 Floor Votes:

S07324 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7324
 
                    IN SENATE
 
                                     January 5, 2018
                                       ___________
 
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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  a
     2  chapter  of  the laws of 2017, amending the general business law and the
     3  arts and cultural affairs law relating to certain contracts, as proposed
     4  in legislative bills numbers S.6369-A and A.8257-A, is amended  to  read
     5  as follows:
     6    § 181. Contracts, statements of terms and conditions, and receipts. It
     7  shall  be  the duty of every employment agency to give to each applicant
     8  for employment:
     9    1. A true copy of every contract executed between such agency and such
    10  applicant, which shall have printed on it or attached to it a  statement
    11  setting  forth  in a clear and concise manner the provisions of sections
    12  one hundred eighty-five, and one hundred eighty-six of this article.
    13    2. (a) For class "C" theatrical employment:
    14    [(a)] (1) Such contract in  blank  shall  be  first  approved  by  the
    15  commissioner  and  his  or  her  determination  shall  be  reviewable by
    16  certiorari. Each contract shall include the gross commission or fees  to
    17  be  paid  by  the  artist to the theatrical employment agency consistent
    18  with section one hundred eighty-five of this article [attached, hereto].
    19  Each such contract shall also include the name,  address,  phone  number
    20  and  license  number  of the theatrical employment agency in addition to
    21  the name of the artist, the type of services covered  by  the  contract,
    22  and all terms and conditions associated with the payment of such commis-
    23  sion or fees. The theatrical employment agency shall keep on file a copy
    24  of  each contract entered into with an artist and provide a copy of each
    25  contract to the artist.
    26    [(b)] (2) Separate from the contract, the agency shall provide to  the
    27  artist,  at  the time of each audition or interview for specific employ-
    28  ment, information as to the name and address of the person to  whom  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11746-06-8
        S. 7324                             2
 
     1  artist is to apply for such employment, the service to be performed, the
     2  anticipated rate of compensation, where such compensation is known prior
     3  to  the  audition  or interview, and any other material terms and condi-
     4  tions of such employment that are known by the agency prior to the audi-
     5  tion or interview. Such information may be provided by electronic commu-
     6  nication.
     7    [3.]  (b)  For  all  other  employment,  including class "A" and "A-1"
     8  employment, each contract shall include, but  not  be  limited  to,  the
     9  following:  information as to the name and address of the person to whom
    10  the  applicant  is  to apply for such employment, the name, the address,
    11  the mailing address, and the  telephone  number  of  the  employer;  the
    12  address or addresses of employment, the kind of service to be performed;
    13  the  anticipated rate of wages or compensation; the anticipated hours of
    14  work per day and number of days to be worked per week; the agency's  fee
    15  for  the  applicant based on such anticipated wages or compensation; any
    16  provision to the employee, and  costs  associated  with  that  provision
    17  including  housing,  health  insurance, healthcare, sick leave, holidays
    18  and retirement benefits; whether such employment is permanent or  tempo-
    19  rary,  the anticipated period of employment, the name and address of the
    20  person authorizing the hiring of such applicant; and the cost of  trans-
    21  portation  if  the  services  are  required outside of the city, town or
    22  village where such agency is located. If  the  job  is  a  conditionally
    23  fee-paid  job, the conditions under which the applicant will be required
    24  to pay a fee shall be clearly set forth in a separate agreement in  ten-
    25  point type signed by the job applicant.
    26    [4.]  3.  (a)  This paragraph shall apply to all classes of employment
    27  except for class "C" theatrical employment. The employment agency  shall
    28  provide  to  each  applicant,  a  separate  document  accompanying  each
    29  contract summarizing the terms and  conditions  of  the  contract.  This
    30  document  shall be entitled "terms and conditions" and shall include the
    31  language that the document is not a contract and that such  document  is
    32  not legally binding. The terms and conditions shall be provided in plain
    33  and  commonly  understood  terms  and  language  which shall aid the job
    34  applicant in understanding the transaction and such document shall limit
    35  the use of technical terms whenever possible.
    36    (b) The terms and conditions shall conform  to  any  templates  estab-
    37  lished  by the commissioner and be made available to employment agencies
    38  in such manner as determined by the  commissioner.  In  developing  such
    39  templates,  the  commissioner  shall afford the public an opportunity to
    40  submit comments on such templates.
    41    (c) The commissioner may promulgate rules and regulations necessary to
    42  carry out the provisions of this section.
    43    (d) An employment agency shall not be penalized for  errors  or  omis-
    44  sions  in  the  non-English  portions  of  any templates provided by the
    45  commissioner.
    46    [5.] 4. A receipt for any  fee,  deposit,  consideration,  or  payment
    47  which such agency receives from such applicant, which shall have printed
    48  or  written on it the name of the applicant, the name and address of the
    49  employment agency, the date and amount of such fee,  deposit,  consider-
    50  ation  or payment or portion thereof for which the receipt is given, the
    51  purpose for which it was paid, and the signature of the person receiving
    52  such payment. If the applicant for employment has  been  recruited  from
    53  outside the state for domestic or household employment the receipt shall
    54  have  printed  on  it,  or attached to it, a copy of section one hundred
    55  eighty-four of this article. Except as  provided  below  for  class  "C"
    56  theatrical employment, the receipt shall also include, immediately above
        S. 7324                             3
 
     1  the  place  for  signature of the person receiving payment, set off in a
     2  box and printed in bold capital letters, the following statement:    "An
     3  employment  agency  may  not charge you, the job applicant, a fee before
     4  referring  you to a job that you accept. If you pay a fee before accept-
     5  ing a job or pay a fee that otherwise violates the law, you may demand a
     6  refund, which shall be repaid within seven days". For class "C"  employ-
     7  ment  such  receipt shall state: "A theatrical employment agency may not
     8  charge you, the artist, a fee before referring you to  a  job  that  you
     9  accept. A theatrical employment agency may charge you, the artist, a fee
    10  after an agency represents you in the negotiation or renegotiation of an
    11  original  or  pre-existing  employment  contract.  If you pay a fee that
    12  otherwise violates the law, you may demand  a  refund,  which  shall  be
    13  repaid within seven days".
    14    [6.] 5. The completed original or duplicate-original copy of each such
    15  contract,  statement  of  terms  and conditions, receipts, and any other
    16  documents given to the applicant shall be retained by  every  employment
    17  agency  for  three  years  following  the  date on which the contract is
    18  executed or the payment  is  made,  and  shall  be  made  available  for
    19  inspection  by  the  commissioner or his or her duly authorized agent or
    20  inspector, upon his or her request. Notwithstanding the other provisions
    21  of such contracts, the monetary consideration to be paid by  the  appli-
    22  cant  shall  not exceed the fee ceiling provided in subdivision eight of
    23  section one hundred eighty-five of this article.
    24    § 2. Section 37.03 of the arts and cultural affairs law, as amended by
    25  a chapter of the laws of 2017, amending the general business law and the
    26  arts and cultural affairs law relating to certain contracts, as proposed
    27  in legislative bills numbers S.6369-A and A.8257-A, is amended  to  read
    28  as follows:
    29    § 37.03. Theatrical employment; contracts.  Contracts between a theat-
    30  rical employment agency and an artist shall include the gross commission
    31  or  fees  to  be  paid by the artist to the theatrical employment agency
    32  consistent with section one hundred eighty-five of the general  business
    33  law  [attached,  hereto].   Such contracts shall contain no other condi-
    34  tions and provisions except such as are equitable  between  the  parties
    35  thereto  and  do not constitute an unreasonable restriction of business.
    36  In addition, such contracts in blank shall  be  first  approved  by  the
    37  commissioner  of  labor,  except  that  in  the  city  of New York, such
    38  contracts in blank shall  be  first  approved  by  the  commissioner  of
    39  consumer  affairs  of such city, pursuant to section one hundred eighty-
    40  nine of the general business law, and his or her determination shall  be
    41  reviewable  by  certiorari.  Each  such  contract shall also include the
    42  name, address, phone number and license number of the theatrical employ-
    43  ment agency in addition to the name of the artist, the type of  services
    44  covered  by  the  contract, and all terms and conditions associated with
    45  the payment of such commission or fees. The theatrical employment agency
    46  shall keep on file a copy of each contract entered into with  an  artist
    47  and  provide  a copy of each contract to the artist. Separately from the
    48  contract, the agency shall provide to the artist, at the  time  of  each
    49  audition  or  interview  for  specific employment, information as to the
    50  name and address of the person to whom the artist is to apply  for  such
    51  employment, the service to be performed, the anticipated rate of compen-
    52  sation, where such compensation is known prior to the audition or inter-
    53  view,  and  any  other  material terms and conditions of such employment
    54  that are known by the agency prior to the audition  or  interview.  Such
    55  information may be provided by electronic communication.
        S. 7324                             4
 
     1    §  3.    This  act  shall take effect on the same date and in the same
     2  manner as a chapter of the laws of 2017, amending the  general  business
     3  law and the arts and cultural affairs law relating to certain contracts,
     4  as  proposed  in  legislative bills numbers S.6369-A and A.8257-A, takes
     5  effect.