§ 187 — Additional prohibitions

§ 187. Additional prohibitions. An employment agency shall not engage\nin any of the following activities or conduct:\n (1) Induce or attempt to induce any employee to terminate his\nemployment in order to obtain other employment through such agency,\nprovided, however, that this provision shall not apply to an employee\nnot placed in employment by the employment agency who is offered an\nexecutive administrative or professional position where the first year's\ncompensation is $12,000.00 or more or procure or attempt to procure the\ndischarge of any person from his employment.\n (2) Publish or cause to be published any false, fraudulent or\nmisleading information, representation, promise, notice or\nadvertisement.\n (3) Advertise in newspapers or otherwise, or use letterheads or\nreceipts or other written or printed matter, unless such advertising or\nother matter contains the name and address of the employment agency, the\nword "agency" and the agency's license number.\n (4) Direct an applicant to an employer for the purpose of obtaining\nemployment without having first obtained a bona fide order therefor;\nhowever, a qualified applicant may be directed to an employer who has\npreviously requested that he regularly be accorded interviews with\napplicants of certain qualifications if a confirmation of the order is\nsent to the employer. Likewise an employment agency may attempt to sell\nthe services of an applicant to an employer from whom no job order has\nbeen received as long as this fact is told to the applicant before he is\ndirected to the employer. Any applicant who is referred to an employer\ncontrary to the provisions of this subdivision without obtaining\nemployment thereby, shall be reimbursed by the employment agency for all\nordinary and necessary travel expenses incurred by the applicant as a\nresult of such referral, within twenty-four hours of making a demand\ntherefor.\n (5) Send or cause to be sent any person to any employer where the\nemployment agency knows, or reasonably should have known, that the\nprospective employment is or would be in violation of state or federal\nlaws governing minimum wages or child labor, or in violation of article\nsixty-five of the education law relating to compulsory education or\narticle four of the labor law, or, that a labor dispute is in progress,\nwithout notifying the applicant of such fact, and delivering to him a\nclear written statement that a labor dispute exists at the place of such\nemployment, or make any referral to an employment or occupation\nprohibited by law.\n (6) Send or cause to be sent any person to any place which the\nemployment agency knows or reasonably should have known is maintained\nfor immoral or illicit purposes; nor knowingly permit persons of bad\ncharacter, prostitutes, gamblers, procurers or intoxicated persons to\nfrequent such agency.\n (7) Compel any person to enter such agency for any purpose by the use\nof force.\n (8) Engage in any business on the premises of the employment agency\nother than the business of operating an employment agency, except as\nowner, manager, employee or agent, the business of furnishing services\nto employers through the employment of temporary employees.\n (9) Receive or accept any valuable thing or gift as a fee or in lieu\nthereof, nor divide or share, either directly or indirectly, the fees\nherein allowed, with contractors, subcontractors, employers or their\nagents, foremen or any one in their employ, or if the contractors,\nsubcontractors or employers be a corporation, any of the officers,\ndirectors or employees of the same to whom applicants for employment are\nsent.\n (10) Require applicants for employees or employment to subscribe to\nany publication or incidental service or contribute to the cost of\nadvertising.\n (11) Make or cause to be made or use any name, sign or advertising\ndevice bearing a name which may be similar to or may reasonably be\nconfused with the name of a federal, state, city, county or other\ngovernment agency.\n (12) Refuse to return on demand of an applicant any baggage or\npersonal property belonging to such applicant.\n (13) Charge an applicant any fee for a placement in a job which the\nagency advertised or represented to the job applicant to be a fee-paid\njob.\n (14) Refer an applicant to a specified bank or credit organization for\npurposes of obtaining a loan.\n