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Duties of Employment Agencies

Employment agencies have certain obligations under the law, with regard to placement of minors on jobs. They may not refer minors to any job that violates the provisions of the Labor Law or Education Law that applies to employment of minors. They may not refer minors, or anyone else, to jobs that pay less than the Federal or State minimum wage. They may not recruit out-of-state minors under l8 years of age for domestic employment.

Employment agencies must be licensed. State law fixes the maximum fee that an employment agency may charge a job applicant. The law also prohibits agencies from misrepresenting jobs.

The Employment Agency Law Article 11 General Business Law regulates the activities of employment agencies. The Department of Labor administers this law throughout the state, except in New York City. There the New York City Department of Consumer Affairs is responsible for enforcement.
The Labor Department is authorized to enforce the law that prohibits an employment agency from:

  • Illegally referring a minor to a job
  • Referring any person to a job that pays less than the applicable state minimum wage

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