New York Consolidated Laws, General Business Law - GBS § 171. Definitions

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Whenever used in this article:

1. “Commissioner” means the industrial commissioner   1 of the state of New York, except that in the application of this article to the city of New York the term “commissioner” means the commissioner of consumer affairs of such city.

2. a. “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.

b. “Employment agency” shall include any person engaged in the practice of law who regularly and as part of a pattern of conduct, directly or indirectly, recruits, supplies, or attempts or offers to recruit or supply, an employee who resides outside the continental United States (as defined in section one hundred eighty-four-a of this article) for employment in this state and who receives a fee in connection with the arrangement for the admission into this country of such workers for employment.

c. “Employment agency” shall include any person who, for a fee, renders vocational guidance or counselling services and who directly or indirectly:

(1) procures or attempts to procure or represents that he can procure employment or engagements for persons seeking employment or engagements;

(2) represents that he has access, or has the capacity to gain access, to jobs not otherwise available to those not purchasing his services;  or

(3) provides information or service of any kind purporting to promote, lead to or result in employment for the applicant with any employer other than himself.

d. “Employment agency” shall include any nurses' registry and any theatrical employment agency (as hereinafter defined).

e. “Employment agency” shall not include:  (1) any employment bureau conducted by a duly incorporated bar association, hospital, association of registered professional nurses, registered medical institution, or by a duly incorporated association or society of professional engineers, or by a duly incorporated association or society of land surveyors, or by a duly incorporated association or society of registered architects;  (2) any speakers' bureau as defined in subdivision eleven hereof;  (3) any organization operated by or under the exclusive control of a bonafide nonprofit educational, religious, charitable or eleemosynary institution.  (4) any person, firm, corporation or organization defined and regulated by sections one hundred ninety-one through one hundred ninety-three of this chapter.

3. “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.

4. “Agency manager” means the person designated by the applicant for a license who is responsible for the direction and operation of the placement activities of the agency at the premises covered by the license.

5. “Placement employee” shall mean any agency manager, director, counsellor, interviewer, or any other person employed by an employment agency who spends a substantial part of his time interviewing, counselling or conferring with job applicants or employers for the purpose of placing or procuring job applicants, but shall not include employees of an employment agency who are primarily engaged in clerical occupations.

6. “Nurses' registry” means any employment agency, bureau, office or other place which procures or attempts to procure employment or engagements for nurses licensed pursuant to article one hundred thirty-nine of the education law as a registered professional nurse or licensed practical nurse.

7. “Person” means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office or the agent or employee of the foregoing.

8. “Theatrical employment agency” means any person (as defined in subdivision seven of this section) who procures or attempts to procure employment or engagements for an artist, but such term does not include the business of managing entertainments, exhibitions or performances, or the artists or attractions constituting the same, where such business only incidentally involves the seeking of employment therefor.

8-a. “Artist” shall mean actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises.

9. “Theatrical engagement” means any engagement or employment of an artist.

10. “Emigrant agent” shall mean any person, on behalf of an employment agency who, for a fee, procures or attempts to procure employment for persons outside the state or outside the continental United States seeking such employment, or employees from outside the state or outside the continental United States for employers seeking the services of such employees.

11. “Speakers' bureau” means any person whose principal business is to provide lecture business management and promotional services on behalf of lecturers or speakers and procures on behalf of a lecturer or speaker, speaking engagements to appear in lecture programs established by an individual or institutional sponsor and who charges a fee, directly or indirectly, to such lecturer or speaker.

Whenever used in this article words in the singular shall include the plural.

1 Now commissioner of labor.  See Labor Law § 10.

Cite this article: - New York Consolidated Laws, General Business Law - GBS § 171. Definitions - last updated January 01, 2021 |

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