Employment Agencies

RCNY tit. 6, ch. 5, subch. M

in effect

6 RCNY § 5-241 Records.

§ 5-241 Records. It shall be the duty of each licensed agency to keep its financial records on a monthly or quarterly basis and such records shall be brought up to date not later than thirty(30) days after the expiration of such period. All such records shall be kept at the principal place of business for a period of three (3) years and shall be made available for inspection during normal business hours to the Commissioner of Consumer Affairs of the City of New York, or his duly authorized representatives.

6 RCNY § 5-242 Applications for License – Corporation.

§ 5-242 Applications for License – Corporation. (a) A corporate applicant for a license shall list on the original application, or a renewal application, the names and addresses of all its officers and all stockholders holding ten percent (10%) or more of the stock of said corporation. A true and certified copy of the minutes electing such officers shall be attached to the application. (b) The licensee shall notify the Department of Consumer Affairs within thirty (30) days in writing of any change of its officers or principal stockholders. In the event of a change of officers a true and certified copy of the minutes shall be attached to such notification.

6 RCNY § 5-243 Trade Name and Partnership Certificates.

§ 5-243 Trade Name and Partnership Certificates. (a) If the applicant conducts business under a trade name or if the applicant is a partnership, then the application for a license must be accompanied by a copy of the trade name or partnership certificate duly certified by the Clerk of the County in whose office said certificate is filed. (b) Such trade name shall not be similar or identical to that of any existing licensed agency.

6 RCNY § 5-244 Fingerprinting.

§ 5-244 Fingerprinting. (a) Every applicant for a license, if he is a natural person, shall be fingerprinted in the office of the Department and the fingerprints shall be filed with and made part of the original application. (b) If the applicant is a partnership each member thereof shall be fingerprinted and the fingerprints shall be filed with and made a part of the original application. In the event of a change in the members of a partnership, each new member shall appear at the office of the Department within thirty (30) days after such change, be fingerprinted, and the fingerprints shall be filed with and made a part of the application. (c) If the applicant is a corporation, all the officers and all stockholders holding ten percent (10%) or more of the stock of the corporation shall be fingerprinted, and the fingerprints shall be filed with and made part of the original application. In the event of any change of officers or stockholders of any corporate licensee, such new officers or stockholders shall appear at the office of the Department within thirty (30) days after such change, be fingerprinted, and the fingerprints shall be filed and be made part of the licensee's application. (d) Whenever an applicant for a license does not have the required two years' experience, then the manager so designated shall be fingerprinted and the fingerprints shall be filed with and made a part of the original application.

6 RCNY § 5-245 Premises.

§ 5-245 Premises. (a) An agency may share premises, provided that the sharing is with an unrelated entity or with an entity permitted by New York General Business Law § 187(8). The agency shall not directly or indirectly suggest to an applicant that he or she purchase the services or products of the entity sharing the premises. For purposes of this section, "unrelated" shall mean that no exchange of the proceeds or sharing of profits in any form takes place between the agency and the entity, and that they do not have any officers, directors, partners, shareholders, principals, managers, executives, administrators, salespersons, or job-placement counselors in common. (b) Every room of an employment agency shall be properly and adequately lighted and ventilated. (c) The premises of every licensed agency shall be kept in a suitable and sanitary condition. (d) Every employment agency shall be provided with running water and suitable and adequate washing facilities. Where both males and females are employed or dealt with in such agency, separate facilities shall be provided for each sex.

6 RCNY § 5-246 Referral Cards.

§ 5-246 Referral Cards. (a) Whenever a licensed agency refers an applicant for a position to an employer where it reasonably knows or should have known that a labor dispute is in progress, then it shall be the duty of the licensee to deliver to the applicant a statement in large and bold lettering, to the effect that the employees in such place of employment are engaged or involved in a labor dispute. (b) Whenever a licensed agency shall refer an applicant for employment to an employer who has agreed to pay to the agency the fee for the employee, or where the agency has agreed not to charge said applicant a fee for such referral, then the referral card shall clearly set forth the terms under which the employer has agreed to pay the fee for the applicant or the terms under which the applicant shall not be required to pay the fee.

6 RCNY § 5-247 Recruitment of Domestic or Household Employees from Without the State.

§ 5-247 Recruitment of Domestic or Household Employees from Without the State. (a) No employment agency shall recruit domestic or household employees outside the State of New York as provided in § 184 of the General Business Law without notifying the Commissioner of Consumer Affairs of the City of New York in writing. (b) Every employment agency engaged in such recruitment shall keep on file in its principal place of business for a period of three (3) years a written record indicating or setting forth the name and address of the premises where such applicant is lodged and a receipt, signed by the applicant, setting forth the number of meals and the date and place where such meals were served to the applicant.

6 RCNY § 5-248 Prohibited Practices.

§ 5-248 Prohibited Practices. (a) No employment agency shall discriminate against any individual because of his age, race, creed, color, national origin, religion, sexual orientation, or sex, in receiving, classifying, disposing or otherwise acting upon applications for its services, in referring an applicant or applicants to an employer or employers or with respect to any guidance, training or apprenticeship program. (b) No employment agency shall: (1) print or circulate or cause to be printed or circulated any statement, advertisement or publication, or (2) use any form of application for employment, or (3) use any business name, trade name or display name, or (4) make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, religion, sexual orientation, or sex, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification. (c) No employment agency engaged in securing or obtaining positions for applicants in the modeling field shall directly or indirectly refer any applicant to a particular school or course for modeling, nor induce, suggest, or encourage choice of such school or course. (Amended City Record 2/27/2019, eff. 3/29/2019)

6 RCNY § 5-249 Definitions of GBL § 171 Terms.

§ 5-249 Definitions of GBL § 171 Terms. As used in § 171 of GBL Art. 11, the following terms shall have the meanings indicated: Applicant. "Applicant" means a person seeking employment. Employment agency. (1) "Employment agency" shall include all persons who, for a fee, render vocational guidance or counseling services, and who directly or indirectly represent, by any means, that: (i) they obtain or attempt to obtain employment for an applicant; or (ii) they will or may arrange interviews with employers for an applicant; or (iii) they have or may make contacts with employers which may improve an applicant's chances to obtain employment; or (iv) they have knowledge of job openings or positions which is not available to the public; or (v) they have knowledge of job openings or positions which cannot be obtained with reasonable effort from other sources; or (vi) they maintain or sell a list or lists of job openings or positions unless all of the information contained in the list or lists appears in, and is part of, a newspaper or other publication in general circulation, and this fact is disclosed to consumers. (2) "Employment agency" also shall include all persons who, for a fee, render vocational guidance or counseling services, and who directly or indirectly represent, by any means, that: (i) they provide information about job search techniques or job search strategies; or (ii) they assist an applicant in any attempt to present to employers the availability or qualifications, or both, of the applicant for a position or class of positions. Such representations include, but are not limited to, representations that they "market" or "promote" applicants. Person. "Person" means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office, or the agent or employee of the foregoing. Vocational guidance or counseling services. "Vocational guidance or counseling services" means services which consist of one or more oral presentations and which: (1) provide information concerning the qualifications generally required for one or more positions or class of positions; or (2) assess, or attempt to assess, the suitability of a person seeking employment for one or more positions or class of positions; or (3) provide information concerning the availability of one or more positions or class of positions.

6 RCNY § 5-250 Display of Sign.

§ 5-250 Display of Sign. (a) Every licensed employment agency must post conspicuously at his or her place of business a sign, at least 12 inches by 18 inches in dimension with letters at least 1-inch high, which includes the name that appears on his or her license(s), the license number(s), and instructions on contacting the Department to file a complaint. (b) Every licensed employment agency must post conspicuously in the main room of his or her place of business a sign, at least 12 inches by 18 inches in dimension, containing sections one hundred seventy-eight, one hundred eighty-one, one hundred eighty-five, and one hundred eighty-six, of Article 11 of the general business law. The sign must be posted in all languages in which the employment agency does business, provided the commissioner has made signs available in such language(s). (c) Every licensed employment agency must post conspicuously in the main room of his or her place of business a sign, at least 8.5 inches by 11 inches in dimension, containing the rights of job seekers. The sign must be posted in all languages in which the employment agency does business, provided the commissioner has made signs available in such language(s). (d) For the purposes of this section, "main room" means the main reception or waiting area or, where no reception or waiting area exists, the main entrance to the agency. (Amended City Record 2/27/2019, eff. 3/29/2019)

6 RCNY § 5-251 Display of License.

§ 5-251 Display of License. Every licensee must post conspicuously his or her license at the licensee's place of business. A licensee may post a copy of the license at the licensee's place of business only if the original is available at such place of business for inspection by any person.

6 RCNY § 5-252 Notice of Hearing and Subpoena Duces Tecum.

§ 5-252 Notice of Hearing and Subpoena Duces Tecum. A licensee must appear in person at the Department to answer a notice of hearing or a subpoena duces tecum served upon that licensee. If the licensee is an individual, he or she must appear; if a partnership, one of its general partners must appear; and if a corporation, one of its officers must appear. A notice of hearing or subpoena duces tecum may be served by ordinary mail addressed to the licensee's place of business. They may also be served by ordinary mail addressed to the residence of an individual licensee; the residence of a general partner of a partnership licensee; or the residence of an officer or principal stockholder of a corporate licensee.

6 RCNY § 5-253 Change of Address.

§ 5-253 Change of Address. A licensee shall notify the Department in writing of any change of address within 10 days of the change. This requirement applies to the address of the licensed business, and to the resident addresses of: individual licensees; all partners of partnership licensees; and the officers and principal stockholders of corporate licensees.

6 RCNY § 5-254 Judgments.

§ 5-254 Judgments. A licensee or license applicant must satisfy any outstanding judgment against him or her that has been obtained by a consumer and that relates to activities for which a license is required: (a) within thirty (30) days from the date of entry of the judgment; or (b) if the judgment has been stayed or appealed, within thirty (30) days from the date the stay is lifted or the appeal decided; or (c) according to a payment schedule the parties agree upon.

6 RCNY § 5-255 Response to Consumer Complaints.

§ 5-255 Response to Consumer Complaints. A licensee or license applicant must respond in writing to the Department about any consumer complaint sent to the licensee or applicant by the Department. The response must be made within 20 days of the date the complaint is sent to the licensee or applicant and must set forth the licensee's or applicant's position regarding the transaction which is the subject of the complaint, including the facts which the licensee or applicant believes justify its position. The licensee or applicant must respond to subsequent communications from the Department concerning the complaint within 10 days after receiving a communication.

6 RCNY § 5-256 Proof of Surety Bond.

§ 5-256 Proof of Surety Bond. No license or renewal shall be issued unless the licensee or applicant submits proof that every bond required by the Department for the license is in effect and does not expire prior to the end of the licensing period. Except where otherwise provided, all such bonds must allow any person aggrieved by the bondholder's breach of the conditions of the bond to proceed against the bond.

6 RCNY § 5-257 Lost or Mutilated Licenses.

§ 5-257 Lost or Mutilated Licenses. (a) Lost license. A licensee shall immediately report, in an affidavit, the loss of a license issued to him or her by the Department, requesting the issuance of a new license. Replacement licenses are issued at the discretion of the Department. (b) Mutilated license. Should a license issued by the Department to any licensee become mutilated or otherwise illegible, the holder of the license shall promptly surrender it to the Department and request the issuance of a new license. The request shall be made upon a form provided by the Department. (c) Fee. A fee of fifteen dollars ($15) shall be charged for the issuance of a replacement license. This fee shall be paid when the affidavit for a lost license is filed or when a mutilated or otherwise illegible license is surrendered and a request for the issuance of a new license is filed. This fee will be refunded should the Department decide not to issue the replacement license.

6 RCNY § 5-258 Late Renewal Fee.

§ 5-258 Late Renewal Fee. Any licensee who files for a license renewal more than one (1) month, but less than three (3) months, after the expiration date of the license must pay to the Department, in addition to any other fees or penalties provided by law, the sum of $20 or 20 percent of the license fee, whichever is greater. Any licensee who files for a license renewal more than three (3) months after the expiration date of the license must pay to the Department, in addition to any other fees or penalties provided by law, the sum of $50 or 30 percent of the license fee, whichever is greater.

6 RCNY § 5-259 Statement of Terms and Conditions.

§ 5-259 Statement of Terms and Conditions. (a) All employment agencies must provide to each applicant a document accompanying each contract entitled "Terms and Conditions," except when offering an applicant a contract for Class "C" theatrical employment. (b) Each "Terms and Conditions" document provided to an applicant must conform to the template made available by the commissioner. (c) The "Terms and Conditions" document must be provided to each applicant in the language in which their contract was negotiated, provided the commissioner has made a template available in such language. [Click here to open a PDF copy of the terms and conditions form [PDF: https://figures.74-208-44-221.nip.io/nyc/2026-10-user-export/rules/0-0-0-15816.pdf]] (Added City Record 2/27/2019, eff. 3/29/2019)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-19883Fetched: 10/24/2026