§ 194 — Employment agency fees; reimbursement from employee to employer prohibited

§ 194. Employment agency fees; reimbursement from employee to employer\nprohibited. 1. As used in this section:\n (a) "Commissioner" means the commissioner of labor.\n (b) "Employer" means an individual, partnership, association,\ncorporation, legal representative, trustee, receiver, trustee in\nbankruptcy or common carrier by rail, motor, water, air or express\ncompany doing business or operating within the state. The term\n"employer" shall not include a governmental agency.\n (c) "Employee" means any person employed for hire by any employer in\nany employment.\n 2. No employer or its agent shall require, request, suggest or\nknowingly permit any employee of such employer to reimburse the employer\nfor the cost of a fee paid by the employer to an employment agency or to\nan employer fee paid employment agency or to make any other payment on\naccount of the employee's termination or resignation from employment.\n 3. (a) If the commissioner determines that an employer or its agent\nhas violated a provision of this section, the commissioner shall issue\nto the employer an order which shall describe the alleged violation. In\naddition to directing reimbursement to the employee and requiring the\nfurther payment to the employee of a sum in the amount equal to payment\nrequested or received from that employee, such order may direct payment\nto the commissioner for deposit in the treasury of the state of a\nfurther sum as a civil penalty not to exceed five hundred dollars.\n (b) Any order issued under paragraph (a) of this subdivision shall be\ndeemed a final order of the commissioner and not subject to review by\nany court or agency unless within thirty days following service of the\norder the employer files a petition with the industrial board of appeals\nfor a review of the order.\n (c) Provided that no proceeding for administrative or judicial review\npursuant to this chapter shall then be pending and that the time for\ninitiation of such proceeding shall have expired, the commissioner may\nfile with the county clerk of the county where the employer resides or\nhas a place of business the order of the commissioner, or the decision\nof the industrial board of appeals containing the amount found to be due\nincluding the civil penalty, if any. The filing of such order or\ndecision shall have the full force and effect of a judgment duly\ndocketed in the office of such clerk. The order or decision may be\nenforced by and in the name of the commissioner in the same manner, and\nwith like effect as that prescribed by the civil practice law and rules\nfor the enforcment of a money judgment.\n (d) The civil penalty provided for in this section shall be in\naddition to and may be imposed with any other remedy or penalty provided\nfor in this chapter.\n 4. No agreement by an employee or prospective employee to reimburse an\nemployer for the cost of a fee of an employment agency or an employer\nfee paid employment agency or to become liable to the employer for any\npayment on account of the employee's termination or resignation from\nemployment shall be enforceable.\n