2006 New York Code - Return Of Fees.



 
    §  186.  Return of fees. 1. Excessive fee: Any employment agency which
  collects, receives or retains a fee or other payment contrary to  or  in
  excess  of  the  provisions of this article, shall return the fee or the
  excess portion thereof  within  seven  days  after  receiving  a  demand
  therefor.
    2.  Failure  to  report:  If  a  job  applicant accepts employment and
  thereafter fails to report for work,  the  gross  fee  charged  to  such
  applicant  shall  not  exceed  twenty-five  per  cent of the maximum fee
  allowed by section one hundred eighty-five  of  this  article,  provided
  however,  if the applicant remains with his same employer, the fee shall
  not exceed fifty per cent. If a job  applicant  accepts  employment  and
  fails to report for work, no fee shall be charged to the employer.
    3.  Termination  without  employee's fault. If a job applicant accepts
  employment and reports for  work,  and  thereafter  such  employment  is
  terminated  without fault of the employee, the gross fee charged to such
  employee and to the employer each shall not exceed ten  percent  of  the
  salary  or  wages  received by such employee, and in no event shall such
  fee exceed the maximum fee allowed by section one hundred eighty-five of
  this article. However, if such  employee  is  a  domestic  or  household
  employee  recruited  from  a  state outside of this state the fee of the
  employer shall not exceed thirty-three  and  one-third  percent  of  the
  wages or salary actually earned.
    4.  Termination  under  all  other  circumstances:  If a job applicant
  accepts employment and reports for work, and thereafter such  employment
  is  terminated  under  any other circumstances, the gross fee charged to
  such employee and the employer each shall not exceed fifty per  cent  of
  the  salary  or  wages  received by such employee, and in no event shall
  such  fee  exceed  the  maximum  fee  allowed  by  section  one  hundred
  eighty-five of this article.

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