§ 186 — Return of fees

§ 186. Return of fees. 1. Excessive fee: Any employment agency which\ncollects, receives or retains a fee or other payment contrary to or in\nexcess of the provisions of this article, shall return the fee or the\nexcess portion thereof within seven days after receiving a demand\ntherefor.\n 2. Failure to report: If a job applicant accepts employment and\nthereafter fails to report for work, the gross fee charged to such\napplicant shall not exceed twenty-five per cent of the maximum fee\nallowed by section one hundred eighty-five of this article. If a job\napplicant accepts employment and fails to report for work, no fee shall\nbe charged to the employer.\n 3. Termination without employee's fault. If a job applicant accepts\nemployment and reports for work, and thereafter such employment is\nterminated without fault of the employee, the gross fee charged to such\nemployee and to the employer each shall not exceed ten percent of the\nsalary or wages received by such employee, and in no event shall such\nfee exceed the maximum fee allowed by section one hundred eighty-five of\nthis article. However, if such employee is a domestic or household\nemployee recruited from a state outside of this state the fee of the\nemployer shall not exceed thirty-three and one-third percent of the\nwages or salary actually earned.\n 4. Termination under all other circumstances: If a job applicant\naccepts employment and reports for work, and thereafter such employment\nis terminated under any other circumstances, the gross fee charged to\nsuch employee and the employer each shall not exceed fifty per cent of\nthe salary or wages received by such employee, and in no event shall\nsuch fee exceed the maximum fee allowed by section one hundred\neighty-five of this article.\n