Bill Text: NY S06369 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to theatrical contracts; provides that each contract shall include the gross commission or fees to be paid by the artist to the theatrical employment agency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-12-18 - APPROVAL MEMO.60 [S06369 Detail]
Download: New_York-2017-S06369-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6369--A Cal. No. 1324 2017-2018 Regular Sessions IN SENATE May 11, 2017 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general business law and the arts and cultural affairs law, in relation to certain contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 181 of the general business law, as amended by 2 chapter 13 of the laws of 2017, is amended to read as follows: 3 § 181. Contracts, statements of terms and conditions, and receipts. It 4 shall be the duty of every employment agency to give to each applicant 5 for employment: 6 1. A true copy of every contract executed between such agency and such 7 applicant, which shall have printed on it or attached to it a statement 8 setting forth in a clear and concise manner the provisions of sections 9 one hundred eighty-five, and one hundred eighty-six of this article. 10 2. [(a)] For class "C" theatrical employment: [information as to the11name and address of the person to whom the applicant is to apply for12such employment, the kind of service to be performed, the anticipated13rate of wages or compensation, the agency's fee for the applicant based14on such anticipated wages or compensation, whether such employment is15permanent or temporary, the name and address of the person authorizing16the hiring of such applicant, and the cost of transportation if the17services are required outside of the city, town or village where such18agency is located. If the job is a conditionally fee-paid job, the19conditions under which the applicant will be required to pay a fee shall20be clearly set forth in a separate agreement in ten-point type signed by21the job applicant.EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11746-05-7S. 6369--A 2 1(b) for] (a) Such contract in blank shall be first approved by the 2 commissioner and his or her determination shall be reviewable by 3 certiorari. Each contract shall include the gross commission or fees to 4 be paid by the artist to the theatrical employment agency consistent 5 with section one hundred eighty-five of this article attached, hereto. 6 Each such contract shall also include the name, address, phone number 7 and license number of the theatrical employment agency in addition to 8 the name of the artist, the type of services covered by the contract, 9 and all terms and conditions associated with the payment of such commis- 10 sion or fees. The theatrical employment agency shall keep on file a copy 11 of each contract entered into with an artist and provide a copy of each 12 contract to the artist. 13 (b) Separate from the contract, the agency shall provide to the 14 artist, at the time of each audition or interview for specific employ- 15 ment, information as to the name and address of the person to whom the 16 artist is to apply for such employment, the service to be performed, the 17 anticipated rate of compensation, where such compensation is known prior 18 to the audition or interview, and any other material terms and condi- 19 tions of such employment that are known by the agency prior to the audi- 20 tion or interview. Such information may be provided by electronic commu- 21 nication. 22 3. For all other employment, including class "A" and "A-1" employment, 23 each contract shall include, but not be limited to, the following: 24 information as to the name and address of the person to whom the appli- 25 cant is to apply for such employment, the name, the address, the mailing 26 address, and the telephone number of the employer; the address or 27 addresses of employment, the kind of service to be performed; the antic- 28 ipated rate of wages or compensation; the anticipated hours of work per 29 day and number of days to be worked per week; the agency's fee for the 30 applicant based on such anticipated wages or compensation; any provision 31 to the employee, and costs associated with that provision including 32 housing, health insurance, healthcare, sick leave, holidays and retire- 33 ment benefits; whether such employment is permanent or temporary, the 34 anticipated period of employment, the name and address of the person 35 authorizing the hiring of such applicant; and the cost of transportation 36 if the services are required outside of the city, town or village where 37 such agency is located. If the job is a conditionally fee-paid job, the 38 conditions under which the applicant will be required to pay a fee shall 39 be clearly set forth in a separate agreement in ten-point type signed by 40 the job applicant. 41 [3.] 4. (a) This paragraph shall apply to all classes of employment 42 except for class "C" theatrical employment. The employment agency shall 43 provide to each applicant, a separate document accompanying each 44 contract summarizing the terms and conditions of the contract. This 45 document shall be entitled "terms and conditions" and shall include the 46 language that the document is not a contract and that such document is 47 not legally binding. The terms and conditions shall be provided in plain 48 and commonly understood terms and language which shall aid the job 49 applicant in understanding the transaction and such document shall limit 50 the use of technical terms whenever possible. 51 (b) The terms and conditions shall conform to any templates estab- 52 lished by the commissioner and be made available to employment agencies 53 in such manner as determined by the commissioner. In developing such 54 templates, the commissioner shall afford the public an opportunity to 55 submit comments on such templates.S. 6369--A 3 1 (c) The commissioner may promulgate rules and regulations necessary to 2 carry out the provisions of this section. 3 (d) An employment agency shall not be penalized for errors or omis- 4 sions in the non-English portions of any templates provided by the 5 commissioner. 6 [4.] 5. A receipt for any fee, deposit, consideration, or payment 7 which such agency receives from such applicant, which shall have printed 8 or written on it the name of the applicant, the name and address of the 9 employment agency, the date and amount of such fee, deposit, consider- 10 ation or payment or portion thereof for which the receipt is given, the 11 purpose for which it was paid, and the signature of the person receiving 12 such payment. If the applicant for employment has been recruited from 13 outside the state for domestic or household employment the receipt shall 14 have printed on it, or attached to it, a copy of section one hundred 15 eighty-four of this article. [The] Except as provided below for class 16 "C" theatrical employment, the receipt shall also include, immediately 17 above the place for signature of the person receiving payment, set off 18 in a box and printed in bold capital letters, the following statement: 19 "An employment agency may not charge you, the job applicant, a fee 20 before referring you to a job that you accept. If you pay a fee before 21 accepting a job or pay a fee that otherwise violates the law, you may 22 demand a refund, which shall be repaid within seven days". For class "C" 23 employment such receipt shall state: "A theatrical employment agency may 24 not charge you, the artist, a fee before referring you to a job that you 25 accept. A theatrical employment agency may charge you, the artist, a fee 26 after an agency represents you in the negotiation or renegotiation of an 27 original or pre-existing employment contract. If you pay a fee that 28 otherwise violates the law, you may demand a refund, which shall be 29 repaid within seven days". 30 [5.] 6. The completed original or duplicate-original copy of each such 31 contract, statement of terms and conditions, receipts, and any other 32 documents given to the applicant shall be retained by every employment 33 agency for three years following the date on which the contract is 34 executed or the payment is made, and shall be made available for 35 inspection by the commissioner or his or her duly authorized agent or 36 inspector, upon his or her request. Notwithstanding the other provisions 37 of such contracts, the monetary consideration to be paid by the appli- 38 cant shall not exceed the fee ceiling provided in subdivision eight of 39 section one hundred eighty-five of this article. 40 § 2. Section 37.03 of the arts and cultural affairs law is amended to 41 read as follows: 42 § 37.03. Theatrical employment; contracts. [Every licensed person who43shall procure for or offer to an applicant a theatrical engagement shall44have executed in duplicate a contract or deliver to the parties as here-45in set forth a statement containing the name and address of the appli-46cant; the name and address of the employer of the applicant and of the47person acting for such employer in employing such applicant; the time48and duration of such engagement; the amount to be paid to such appli-49cant; the character of entertainment to be given or services to be50rendered; the number of performances per day or per week that are to be51given by said applicant; if a vaudeville engagement, the name of the52person by whom the transportation is to be paid, and if by the appli-53cant, either the cost of transportation between the places where said54entertainment or services are to be given or rendered, or the average55cost of transportation between the places where such services are to be56given or rendered; and if a dramatic engagement, the cost of transporta-S. 6369--A 4 1tion to the place where the services begin, if paid by the applicant;2and the gross commission or fees to be paid by said applicant and to3whom. Such contracts or statements shall contain no other conditions and4provisions except such as are equitable between the parties thereto and5do not constitute an unreasonable restriction of business. Forms of such6contract and statement in blank shall be first approved by the commis-7sioner and his determination shall be reviewable by certiorari. One of8such duplicate contracts or of such statements shall be delivered to the9person engaging the applicant and the other shall be retained by the10applicant. The licensed person procuring such engagement for such appli-11cant shall keep on file or enter in a book provided for that purpose a12copy of such contract or statement.] Contracts between a theatrical 13 employment agency and an artist shall include the gross commission or 14 fees to be paid by the artist to the theatrical employment agency 15 consistent with section one hundred eighty-five of the general business 16 law attached, hereto. Such contracts shall contain no other conditions 17 and provisions except such as are equitable between the parties thereto 18 and do not constitute an unreasonable restriction of business. In addi- 19 tion, such contracts in blank shall be first approved by the commission- 20 er of labor and his or her determination shall be reviewable by certior- 21 ari. Each such contract shall also include the name, address, phone 22 number and license number of the theatrical employment agency in addi- 23 tion to the name of the artist, the type of services covered by the 24 contract, and all terms and conditions associated with the payment of 25 such commission or fees. The theatrical employment agency shall keep on 26 file a copy of each contract entered into with an artist and provide a 27 copy of each contract to the artist. Separately from the contract, the 28 agency shall provide to the artist, at the time of each audition or 29 interview for specific employment, information as to the name and 30 address of the person to whom the artist is to apply for such employ- 31 ment, the service to be performed, the anticipated rate of compensation, 32 where such compensation is known prior to the audition or interview, and 33 any other material terms and conditions of such employment that are 34 known by the agency prior to the audition or interview. Such information 35 may be provided by electronic communication. 36 § 3. This act shall take effect immediately.
