New York General Business Code § 184-A

Recruitment of domestic or household employees from outside the continental United States
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§ 184-a. Recruitment of domestic or household employees from outside\nthe continental United States. 1. Purposes. The recruitment of domestic\nor household employees from outside the continental United States\ninvolves special problems and special services not encompassed in other\nsections of this article. This section is enacted to establish adequate\nregulation and to provide responsible practices and procedures for such\nrecruitment and is in the interests of employers, employees, employment\nagencies and the public.\n  2. Application. a. The provisions of this section, and the applicable\nprovisions of other sections of this article, shall apply to an\nemployment agency which directly or indirectly recruits, supplies, or\noffers to recruit or supply, or participates in any manner in the\nrecruitment or supply of any person who resides outside the continental\nUnited States for employment within the continental United States as a\ndomestic or household employee. The provisions of sections one hundred\neighty-four and one hundred eighty-five, and of subdivisions two, three,\nand four of section one hundred eighty-six of this article, are excluded\nfrom the application of this section.\n  b. The term "continental United States" as used in this section means\nthe forty-eight states on this continent and the District of Columbia,\nbut does not include the state of Alaska.\n  3. Responsibilities. a. No such agency shall directly or indirectly\nsupply or participate in the supply of any person who is under the age\nof eighteen years at the time of his emigration to the United States.\n  b. Such agency shall have the following additional responsibilities:\n  (1) Confirm the statements in the employee's application for\nemployment relating to the age and references given, and fully and\naccurately inform the employer before the employer agrees to employ the\napplicant, of the applicant's statements relating to his qualifications,\nage, experience, references and related matters.\n  (2) Provide the applicant for employment with a statement of job\nconditions in a form approved by the commissioner. The statement shall\nfully and accurately describe the nature and terms of employment,\nincluding wages, hours of work, agency fee and the advances, if any,\nwhich are specifically authorized by this section. Such statement shall\nalso clearly indicate when the applicant will be required to pay such\nfee, and advances. The statement shall be in the English language, and\nif the applicant's native language is other than English, the statement\nshall also be in such language. This statement shall be mailed to the\napplicant prior to the time the applicant signs an employment agreement.\nThe agency shall keep on file a duplicate copy of such statement, which\nshall have indicated on it when and by whom it was mailed to the\napplicant, and the certificate of mailing shall be attached thereto.\n  (3) Reduce to writing any contractual agreement with the employer or\nwith the employee.\n  (4) If the agency arranges for the employee's travel, it shall provide\nthat the transportation be by common carrier. The agency shall meet or\narrange for the employer to meet the employee at the port of arrival.\n  (5) a. Provide the employee with suitable meals and lodging solely at\nagency expense from the time the employee arrives until the beginning of\nemployment, or at any time within ninety days after arrival, upon notice\nthat the employee is without employment.\n  b. If the employer discharges the employee without giving the agency\nadvance notice of at least three business days, the agency may charge\nthe employer the actual cost of providing suitable meals and lodging\nincurred because of the failure to give such notice, but in no event for\nmore than five consecutive calendar days. Such charge, however, may not\nbe made where unusual circumstances would create an undue burden on the\nemployer to provide meals and lodging to the employee after the\

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