§ 192. Prohibited activities. An employer fee paid employment agency\nshall not engage in any of the following activities or conduct:\n 1. Direct an applicant to an employer for the purpose of obtaining\nemployment without having first obtained a bona fide order therefor;\nhowever, a qualified applicant may be directed to an employer who has\npreviously requested that it regularly be accorded interviews with\napplicants of certain qualifications if a confirmation of the order is\nsent to the employer. Likewise an agency may attempt to sell the\nservices of an applicant to an employer from which no job order has been\nreceived as long as this fact is told the applicant before the applicant\nis directed to the employer. Any applicant who is referred to an\nemployer contrary to the provisions of this subdivision without\nobtaining employment thereby, shall be reimbursed by the agency for all\nordinary and necessary travel expenses incurred by the applicant as a\nresult of such referral, within twenty-four hours of making a demand\ntherefor.\n 2. Send or cause to be sent any person to any employer where the\nagency knows, or reasonably should have known, that the prospective\nemployment is or would be in violation of state or federal laws\ngoverning minimum wages or child labor, or in violation of article\nsixty-five of the education law relating to compulsory education or\narticle four of the labor law, or, that a labor dispute is in progress,\nwithout notifying the applicant of such fact, and delivering to him or\nher a clear written statement that a labor dispute exists at the place\nof such employment, or make any referral to an employment or occupation\nprohibited by law.\n 3. Require applicants for employment to subscribe to any publication\nor incidental service or contribute to the cost of advertising.\n 4. Make or cause to be made or use any name, sign or advertising\ndevice bearing a name which may be similar to or may reasonably be\nconfused with the name of a federal, state, city, county or other\ngovernment agency.\n
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