Amendment of Rules Governing Employment Agencies

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Monday, February 4, 2019
Keywords:

Statement of Basis and Purpose of Proposed Rules

DCA proposes to add a new Section 5-259 to Title 6 of the Rules of the City of New York to establish a template “Terms and Conditions” document, pursuant to Section 181(3) of the New York General Business Law, which an employment agency would be required to provide to its customers. The “Terms and Conditions” document must accompany each contract and summarize the important terms and conditions contained in the contract in plain and commonly understood terms.

DCA also proposes amendments to Section 5-250 requiring employment agencies to post certain signs, as required by Section 188 of the New York General Business Law. 

DCA proposes to amend Section 5-248 to prohibit employment agencies from discriminating on the basis of sexual orientation. Working with the City’s rulemaking agencies, the Law Department, the Office of Management and Budget, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying rules that should be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed amendment to Section 5-248 was identified through this initiative.

Section 189(3) of the New York General Business Law grants DCA the authority to create administrative rules to effectuate the purposes of Article 11 of the General Business Law. Section 20-104(b)(7) of the New York City Administrative Code grants DCA the power to create rules to ensure that licensed businesses do not discriminate on the basis of sex, among other things. Discrimination on the basis of sexual orientation is a form of discrimination on the basis of sex. See Zarda v. Altitude Express, Inc., 883 F.3d 100, 108 (2d Cir. 2018) (en banc).

DCA proposes to amend Section 6-03(b) to add to the list of provisions of Title 6 of the Rules for which the opportunity to cure a first-time violation is available.  Specifically, DCA proposes to add three employment agency related violations to the list: Sections 5-250 and 5-251, and Section 188 of the New York General Business Law. Section 189(5) of the New York General Business Law grants to DCA the discretion to make certain violations curable. 

Finally, DCA proposes to amend the employment agency penalty schedule in Section 6-59.  DCA proposes to indicate that first-time violations of certain provisions are curable.  DCA also proposes to change the maximum penalty for most employment agency violations pursuant to Section 189(5) of the New York General Business Law (NYGBL).  Conforming the penalties to NYGBL Section 189(5) will double first violations and first default amounts, and will increase by ten times the current amount for all subsequent violations and defaults.

 

Public Hearing
Subject: 

.Amendment of Rules Governing Employment Agencies

Public Hearing Date: 
Monday, February 4, 2019 - 10:00am
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov.

Location: 
NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004