Bill Text: NY A08257 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to theatrical contracts; provides that each contract shall include the gross commission or fees to be paid by the artist to the theatrical employment agency.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-06-19 - substituted by s6369a [A08257 Detail]

Download: New_York-2017-A08257-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8257--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 2, 2017
                                       ___________
        Introduced  by  M. of A. MOYA -- read once and referred to the Committee
          on Consumer Affairs and Protection -- reported  and  referred  to  the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the general business  law  and  the  arts  and  cultural
          affairs law, in relation to certain contracts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 181 of the general  business  law,  as  amended  by
     2  chapter 13 of the laws of 2017, is amended to read as follows:
     3    § 181. Contracts, statements of terms and conditions, and receipts. It
     4  shall  be  the duty of every employment agency to give to each applicant
     5  for employment:
     6    1. A true copy of every contract executed between such agency and such
     7  applicant, which shall have printed on it or attached to it a  statement
     8  setting  forth  in a clear and concise manner the provisions of sections
     9  one hundred eighty-five, and one hundred eighty-six of this article.
    10    2. [(a)] For class "C" theatrical employment: [information as  to  the
    11  name  and  address  of  the person to whom the applicant is to apply for
    12  such employment, the kind of service to be  performed,  the  anticipated
    13  rate  of wages or compensation, the agency's fee for the applicant based
    14  on such anticipated wages or compensation, whether  such  employment  is
    15  permanent  or  temporary, the name and address of the person authorizing
    16  the hiring of such applicant, and the  cost  of  transportation  if  the
    17  services  are  required  outside of the city, town or village where such
    18  agency is located. If the job  is  a  conditionally  fee-paid  job,  the
    19  conditions under which the applicant will be required to pay a fee shall
    20  be clearly set forth in a separate agreement in ten-point type signed by
    21  the job applicant.
    22    (b)  for]  (a)  Such  contract in blank shall be first approved by the
    23  commissioner and  his  or  her  determination  shall  be  reviewable  by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13045-02-7
        A. 8257--A                          2
     1  certiorari.  Each contract shall include the gross commission or fees to
     2  be paid by the artist to the  theatrical  employment  agency  consistent
     3  with  section  one hundred eighty-five of this article attached, hereto.
     4  Each  such  contract  shall also include the name, address, phone number
     5  and license number of the theatrical employment agency  in  addition  to
     6  the  name  of  the artist, the type of services covered by the contract,
     7  and all terms and conditions associated with the payment of such commis-
     8  sion or fees. The theatrical employment agency shall keep on file a copy
     9  of each contract entered into with an artist and provide a copy of  each
    10  contract to the artist.
    11    (b)  Separate  from  the  contract,  the  agency  shall provide to the
    12  artist, at the time of each audition or interview for  specific  employ-
    13  ment,  information  as to the name and address of the person to whom the
    14  artist is to apply for such employment, the service to be performed, the
    15  anticipated rate of compensation, where such compensation is known prior
    16  to the audition or interview, and any other material  terms  and  condi-
    17  tions of such employment that are known by the agency prior to the audi-
    18  tion or interview. Such information may be provided by electronic commu-
    19  nication.
    20    3. For all other employment, including class "A" and "A-1" employment,
    21  each  contract  shall  include,  but  not  be limited to, the following:
    22  information as to the name and address of the person to whom the  appli-
    23  cant is to apply for such employment, the name, the address, the mailing
    24  address,  and  the  telephone  number  of  the  employer; the address or
    25  addresses of employment, the kind of service to be performed; the antic-
    26  ipated rate of wages or compensation; the anticipated hours of work  per
    27  day  and  number of days to be worked per week; the agency's fee for the
    28  applicant based on such anticipated wages or compensation; any provision
    29  to the employee, and costs  associated  with  that  provision  including
    30  housing,  health insurance, healthcare, sick leave, holidays and retire-
    31  ment benefits; whether such employment is permanent  or  temporary,  the
    32  anticipated  period  of  employment,  the name and address of the person
    33  authorizing the hiring of such applicant; and the cost of transportation
    34  if the services are required outside of the city, town or village  where
    35  such  agency is located. If the job is a conditionally fee-paid job, the
    36  conditions under which the applicant will be required to pay a fee shall
    37  be clearly set forth in a separate agreement in ten-point type signed by
    38  the job applicant.
    39    [3.] 4. (a) This paragraph shall apply to all  classes  of  employment
    40  except  for class "C" theatrical employment. The employment agency shall
    41  provide  to  each  applicant,  a  separate  document  accompanying  each
    42  contract  summarizing  the  terms  and  conditions of the contract. This
    43  document shall be entitled "terms and conditions" and shall include  the
    44  language  that  the document is not a contract and that such document is
    45  not legally binding. The terms and conditions shall be provided in plain
    46  and commonly understood terms and  language  which  shall  aid  the  job
    47  applicant in understanding the transaction and such document shall limit
    48  the use of technical terms whenever possible.
    49    (b)  The  terms  and  conditions shall conform to any templates estab-
    50  lished by the commissioner and be made available to employment  agencies
    51  in  such  manner  as  determined by the commissioner. In developing such
    52  templates, the commissioner shall afford the public  an  opportunity  to
    53  submit comments on such templates.
    54    (c) The commissioner may promulgate rules and regulations necessary to
    55  carry out the provisions of this section.
        A. 8257--A                          3
     1    (d)  An  employment  agency shall not be penalized for errors or omis-
     2  sions in the non-English portions  of  any  templates  provided  by  the
     3  commissioner.
     4    [4.]  5.  A  receipt  for  any fee, deposit, consideration, or payment
     5  which such agency receives from such applicant, which shall have printed
     6  or written on it the name of the applicant, the name and address of  the
     7  employment  agency,  the date and amount of such fee, deposit, consider-
     8  ation or payment or portion thereof for which the receipt is given,  the
     9  purpose for which it was paid, and the signature of the person receiving
    10  such  payment.  If  the applicant for employment has been recruited from
    11  outside the state for domestic or household employment the receipt shall
    12  have printed on it, or attached to it, a copy  of  section  one  hundred
    13  eighty-four  of  this  article. [The] Except as provided below for class
    14  "C" theatrical employment, the receipt shall also  include,  immediately
    15  above  the  place for signature of the person receiving payment, set off
    16  in a box and printed in bold capital letters, the  following  statement:
    17  "An  employment  agency  may  not  charge  you, the job applicant, a fee
    18  before referring you to a job that you accept. If you pay a  fee  before
    19  accepting  a  job  or pay a fee that otherwise violates the law, you may
    20  demand a refund, which shall be repaid within seven days". For class "C"
    21  employment such receipt shall state: "A theatrical employment agency may
    22  not charge you, the artist, a fee before referring you to a job that you
    23  accept. A theatrical employment agency may charge you, the artist, a fee
    24  after an agency represents you in the negotiation or renegotiation of an
    25  original or pre-existing employment contract. If  you  pay  a  fee  that
    26  otherwise  violates  the  law,  you  may demand a refund, which shall be
    27  repaid within seven days".
    28    [5.] 6. The completed original or duplicate-original copy of each such
    29  contract, statement of terms and conditions,  receipts,  and  any  other
    30  documents  given  to the applicant shall be retained by every employment
    31  agency for three years following the  date  on  which  the  contract  is
    32  executed  or  the  payment  is  made,  and  shall  be made available for
    33  inspection by the commissioner or his or her duly  authorized  agent  or
    34  inspector, upon his or her request. Notwithstanding the other provisions
    35  of  such  contracts, the monetary consideration to be paid by the appli-
    36  cant shall not exceed the fee ceiling provided in subdivision  eight  of
    37  section one hundred eighty-five of this article.
    38    §  2. Section 37.03 of the arts and cultural affairs law is amended to
    39  read as follows:
    40    § 37.03. Theatrical employment; contracts. [Every licensed person  who
    41  shall procure for or offer to an applicant a theatrical engagement shall
    42  have executed in duplicate a contract or deliver to the parties as here-
    43  in  set  forth a statement containing the name and address of the appli-
    44  cant; the name and address of the employer of the applicant and  of  the
    45  person  acting  for  such employer in employing such applicant; the time
    46  and duration of such engagement; the amount to be paid  to  such  appli-
    47  cant;  the  character  of  entertainment  to  be given or services to be
    48  rendered; the number of performances per day or per week that are to  be
    49  given  by  said  applicant;  if a vaudeville engagement, the name of the
    50  person by whom the transportation is to be paid, and if  by  the  appli-
    51  cant,  either  the  cost of transportation between the places where said
    52  entertainment or services are to be given or rendered,  or  the  average
    53  cost  of transportation between the places where such services are to be
    54  given or rendered; and if a dramatic engagement, the cost of transporta-
    55  tion to the place where the services begin, if paid  by  the  applicant;
    56  and  the  gross  commission  or fees to be paid by said applicant and to
        A. 8257--A                          4

     1  whom. Such contracts or statements shall contain no other conditions and
     2  provisions except such as are equitable between the parties thereto  and
     3  do not constitute an unreasonable restriction of business. Forms of such
     4  contract  and  statement in blank shall be first approved by the commis-
     5  sioner and his determination shall be reviewable by certiorari.  One  of
     6  such duplicate contracts or of such statements shall be delivered to the
     7  person  engaging  the  applicant  and the other shall be retained by the
     8  applicant. The licensed person procuring such engagement for such appli-
     9  cant shall keep on file or enter in a book provided for that  purpose  a
    10  copy  of  such  contract  or  statement.] Contracts between a theatrical
    11  employment agency and an artist shall include the  gross  commission  or
    12  fees  to  be  paid  by  the  artist  to the theatrical employment agency
    13  consistent with section one hundred eighty-five of the general  business
    14  law  attached,  hereto. Such contracts shall contain no other conditions
    15  and provisions except such as are equitable between the parties  thereto
    16  and  do not constitute an unreasonable restriction of business. In addi-
    17  tion, such contracts in blank shall be first approved by the commission-
    18  er of labor and his or her determination shall be reviewable by certior-
    19  ari. Each such contract shall also  include  the  name,  address,  phone
    20  number  and  license number of the theatrical employment agency in addi-
    21  tion to the name of the artist, the type  of  services  covered  by  the
    22  contract,  and  all  terms and conditions associated with the payment of
    23  such commission or fees. The theatrical employment agency shall keep  on
    24  file  a  copy of each contract entered into with an artist and provide a
    25  copy of each contract to the artist. Separately from the  contract,  the
    26  agency  shall  provide  to  the  artist, at the time of each audition or
    27  interview for specific  employment,  information  as  to  the  name  and
    28  address  of  the  person to whom the artist is to apply for such employ-
    29  ment, the service to be performed, the anticipated rate of compensation,
    30  where such compensation is known prior to the audition or interview, and
    31  any other material terms and conditions  of  such  employment  that  are
    32  known by the agency prior to the audition or interview. Such information
    33  may be provided by electronic communication.
    34    § 3. This act shall take effect immediately.