Bill Text: NY A01269 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to fees charged by employment agencies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-23 - substituted by s1317 [A01269 Detail]

Download: New_York-2015-A01269-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1269
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 9, 2015
                                      ___________
       Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
         Committee on Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation to fees charged by
         employment agencies
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 10 of section 185 of the general business law,
    2  as added by chapter 501 of the laws of  2014,  is  amended  to  read  as
    3  follows:
    4    10. Notwithstanding any other provision of law to the contrary, no fee
    5  may be charged or collected FOR SERVICES RENDERED by an employment agen-
    6  cy  not  licensed  pursuant  to  section one hundred seventy-two of this
    7  article AT THE TIME SUCH  SERVICES  WERE  RENDERED.  [Any  agreement  or
    8  contract with an unlicensed employment agency shall render the agreement
    9  or  contract  void  in any action to collect a fee, at the option of the
   10  defendant to such action.] IN AN ACTION TO  COLLECT  A  FEE,  THE  COURT
   11  SHALL  VOID  ALL OR ANY PART OF AN AGREEMENT OR CONTRACT WITH AN EMPLOY-
   12  MENT AGENCY THAT DID NOT HAVE A VALID LICENSE AT THE TIME  THE  CONTRACT
   13  WAS ENTERED INTO OR SERVICES WERE RENDERED; HOWEVER, SUCH CONTRACT SHALL
   14  NOT  BE  CONSIDERED  VOID  IF  A  COURT  FINDS A GOOD FAITH EFFORT BY AN
   15  EMPLOYMENT AGENCY TO MAINTAIN ITS  LICENSE  DESPITE  CLERICAL  ERROR  OR
   16  DELAY  BY  THE  DEPARTMENT  OF  LABOR OR THE NEW YORK CITY DEPARTMENT OF
   17  CONSUMER AFFAIRS.
   18    S 2. This act shall take effect immediately and  shall  be  deemed  to
   19  have  been  in full force and effect on the same date chapter 501 of the
   20  laws of 2014 took effect.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07411-01-5