§ 171 — Definitions

New York § 171

• Jurisdiction: New York
• Law GBS: General Business
• Art. 11: Employment Agencies

Text

§ 171. Definitions. Whenever used in this article:\n 1. "Commissioner" means the industrial commissioner of the state of\nNew York, except that in the application of this article to the city of\nNew York the term "commissioner" means the commissioner of consumer\naffairs of such city.\n 2. a. "Employment agency" means any person (as hereinafter defined)\nwho, for a fee, procures or attempts to procure:\n (1) employment or engagements for persons seeking employment or\nengagements, or\n (2) employees for employers seeking the services of employees.\n b. "Employment agency" shall include any person engaged in the\npractice of law who regularly and as part of a pattern of conduct,\ndirectly or indirectly, recruits, supplies, or attempts or offers to\nrecruit or supply, an employee who resides outside the continental\nUnited States (as defined in section one hundred eighty-four-a of this\narticle) for employment in this state and who receives a fee in\nconnection with the arrangement for the admission into this country of\nsuch workers for employment.\n c. "Employment agency" shall include any person who, for a fee,\nrenders vocational guidance or counselling services and who directly or\nindirectly:\n (1) procures or attempts to procure or represents that he can procure\nemployment or engagements for persons seeking employment or engagements;\n (2) represents that he has access, or has the capacity to gain access,\nto jobs not otherwise available to those not purchasing his services; or\n (3) provides information or service of any kind purporting to promote,\nlead to or result in employment for the applicant with any employer\nother than himself.\n d. "Employment agency" shall include any nurses' registry and any\ntheatrical employment agency (as hereinafter defined).\n e. "Employment agency" shall not include: (1) any employment bureau\nconducted by a duly incorporated bar association, hospital, association\nof registered professional nurses, registered medical institution, or by\na duly incorporated association or society of professional engineers, or\nby a duly incorporated association or society of land surveyors, or by a\nduly incorporated association or society of registered architects; (2)\nany speakers' bureau as defined in subdivision eleven hereof; (3) any\norganization operated by or under the exclusive control of a bonafide\nnonprofit educational, religious, charitable or eleemosynary\ninstitution. (4) any person, firm, corporation or organization defined\nand regulated by sections one hundred ninety-one through one hundred\nninety-three of this chapter.\n 3. "Fee" means anything of value, including any money or other\nvaluable consideration charged, collected, received, paid or promised\nfor any service, or act rendered or to be rendered by an employment\nagency, including but not limited to money received by such agency or\nits emigrant agent which is more than the amount paid by it for\ntransportation, transfer of baggage, or board and lodging on behalf of\nany applicant for employment.\n 4. "Agency manager" means the person designated by the applicant for a\nlicense who is responsible for the direction and operation of the\nplacement activities of the agency at the premises covered by the\nlicense.\n 5. "Placement employee" shall mean any agency manager, director,\ncounsellor, interviewer, or any other person employed by an employment\nagency who spends a substantial part of his time interviewing,\ncounselling or conferring with job applicants or employers for the\npurpose of placing or procuring job applicants, but shall not include\nemployees of an employment agency who are primarily engaged in clerical\noccupations.\n 6. "Nurses' registry" means any employment agency, bureau, office or\nother place which procures or attempts to procure employment or\nengagements for nurses licensed pursuant to article one hundred\nthirty-nine of the education law as a registered professional nurse or\nlicensed practical nurse.\n 7. "Person" means any individual, company, society, association,\ncorporation, manager, contractor, subcontractor, partnership, bureau,\nagency, service, office or the agent or employee of the foregoing.\n 8. "Theatrical employment agency" means any person (as defined in\nsubdivision seven of this section) who procures or attempts to procure\nemployment or engagements for an artist, but such term does not include\nthe business of managing entertainments, exhibitions or performances, or\nthe artists or attractions constituting the same, where such business\nonly incidentally involves the seeking of employment therefor.\n 8-a. "Artist" shall mean actors and actresses rendering services on\nthe legitimate stage and in the production of motion pictures, radio\nartists, musical artists, musical organizations, directors of legitimate\nstage, motion picture and radio productions, musical directors, writers,\ncinematographers, composers, lyricists, arrangers, models, and other\nartists and persons rendering professional services in motion picture,\ntheatrical, radio, television and other entertainment enterprises.\n 9. "Theatrical engagement" means any engagement or employment of an\nartist.\n 10. "Emigrant agent" shall mean any person, on behalf of an employment\nagency who, for a fee, procures or attempts to procure employment for\npersons outside the state or outside the continental United States\nseeking such employment, or employees from outside the state or outside\nthe continental United States for employers seeking the services of such\nemployees.\n 11. "Speakers' bureau" means any person whose principal business is to\nprovide lecture business management and promotional services on behalf\nof lecturers or speakers and procures on behalf of a lecturer or\nspeaker, speaking engagements to appear in lecture programs established\nby an individual or institutional sponsor and who charges a fee,\ndirectly or indirectly, to such lecturer or speaker.\n Whenever used in this article words in the singular shall include the\nplural.\n