Employment Agencies in New York State (pursuant to Article 11 of the General Business Law & Article 37 of Arts and Cultural Affairs Law)
To conduct business in New York State, an employment agency must first obtain an Employment Agency License.
Article 11 defines what an employment agency is, and includes any entity that charges a fee for the placement of a candidate in employment with a third-party employer. There are some exceptions to the law.
Depending on where the agency is located, the application must be made either to the New York State Department of Labor or to the New York City Department of Consumer Affairs.
The New York State Commissioner of Labor issues employment agency licenses for all employment agencies located outside of New York City.
The New York City Department of Consumer Affairs is responsible for licensing employment agencies located within New York City. New York City licensed employment agencies are listed on New York City Department of Consumer Affairs website.
An applicant for a New York State employment agency license must have at least two years of verifiable work experience in a licensed employment agency doing placements or other similar qualifying work experience. If an applicant does not have qualifying work experience, the applicant must hire a qualified person to direct the placement activities of the agency and submit an Application for an Employment Agency Manager Permit with the employment agency license application. Instructions on the application form explain additional requirements.
An employment agency license must be obtained for each of an agency's locations.
The employment agency license period runs from May 1 of an "even" year (i.e. 2012) through May 1 of the second year (i.e. 2014). At that time, an employment agency may renew its license.
A fee is required to obtain a license and to renew a license. See LS 355.3 for details.
An employment agency must post the Employment Agency License on its premises.
An employment agency or agent found in violation of Article 11 or Article 37 is subject to fines and license suspension or revocation.