What's happening
This bill reduces fines and eliminates jail time for certain employment agency violations, but increases penalties for repeat offenders.
Why it matters
Lowers the financial burden for first-time or occasional violators. by reducing the maximum fine for most employment agency violations from $2,000 or $1,000 down to $500 per day, and eliminates the risk of jail time for these offenses, potentially making compliance less daunting for small businesses or individuals.
Shifts the penalty structure to focus on repeat offenders. , making it clear that only those with three or more violations within five years will face criminal misdemeanor charges, which could deter chronic bad actors while avoiding severe punishment for isolated mistakes.
Expands the range of punishable violations. by changing the law from listing specific sections to covering violations of any provision in the relevant article, potentially increasing accountability but also broadening the scope of enforcement.
Streamlines the enforcement process. by allowing both the commissioner and aggrieved individuals to initiate proceedings, which could make it easier for workers or consumers to seek redress without relying solely on government action.
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Who cares
Headline styles
Increase Fines for Agency Violations
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7387
IN SENATE
January 11, 2018
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to the fine imposed for certain violations relating to employment agencies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 190 of the general business law, as amended by chapter 519 of the laws of 2016, is amended to read as follows:
§ 190. Penalties for violations. Any person who violates and the officers of a corporation and stockholders holding ten percent or more of the stock of a corporation which is not publicly traded, who knowingly permit the corporation to violate[ sections one hundred seventy-two, one hundred seventy-three, one hundred seventy-six, one hundred eighty-four, one hundred eighty-four-a, one hundred eighty-five, one hundred eightyfive-a, one hundred eighty-six, or one hundred eighty-seven] any provision of this article [shall be guilty of a misdemeanor and upon conviction] shall be subject to a fine [not to exceed two thousand] of not more than five hundred dollars [per violation, or imprisonment for not more than one year, or both, by any court of competent jurisdiction. The violation of any other provision of this article shall be punishable by a fine not to exceed five hundred dollars or imprisonment for not more than thirty days] for each day such violation continues; provided, however, that any such person or officer who has been convicted of three or more violations of this article within any period of five years, shall be guilty of a class A misdemeanor. Criminal proceedings based upon violations of these sections shall be instituted by the commissioner and may be instituted by any persons aggrieved by such violations.
§ 2. Section 193 of the general business law, as amended by chapter 617 of the laws of 1988, is amended to read as follows:
§ 193. Penalties for violation. Any person violating the provisions of section one hundred ninety-two of this article [shall be guilty of a class A misdemeanor and] shall be subject to a fine [not to exceed one thousand] of not more than five hundred dollars [or imprisonment for not more than one year or both] for each day such violation continues;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07180-01-7
S. 7387 2
provided, however, that any such person who has been convicted of three or more violations of this article within any period of five years, shall be guilty of a class A misdemeanor.
Criminal proceedings based upon violations may be instituted by the commissioner or may be instituted by any person aggrieved by such violation.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to the fine imposed for certain violations relating to employment agen- cies
Purpose
Establishes fines for violations by employment agencies of not more than $500 per day and establishes a class A misdemeanor for three or more violations in five years.
Summary of provisions
Section 1. Amends the General Business Law, section 190. Establishes a class A misdemeanor for any person who has been convicted of three or more violations of this article within any period of five years.
Section 2. Amends the General Business Law, section 193. Increases fines up to $500 per day for any person who has been convicted of three or more violations of this article within any period of five years.
Section 3. Effective Date.
Existing law
General Business Law; Article 11, Employment Agencies; Sections 190, Penalties for Violations and 193, Penalties for Violation; the penalty for violating section 190 is punishable by a fine not to exceed $100 or imprisonment for not more than thirty days; the penalty for violating section 193 is a fine not to exceed $1,000 or imprisonment for not more than one year or both.
Justification
Throughout New York City, especially in low-income, minority neighbor- hoods, people looking for work have become victims of fraudulent and unlicensed employment agencies. The employment agencies are illegally collecting from $100 to $150 fees upfront and not providing legitimate job leads. Job seekers are sent out to pursue a job that does not exist and upon return are denied a refund. Under the current General Business Law the penalties for a violation is $100 a day which is an affordable cost of doing business when unsuspected customers are paying $100 or more per person for job leads. This legislation will increase the fines up to $500 a day and if any person has been convicted of three or more violations within any period of five years, shall be guilty of a class A misdemeanor.
Legislative history
2016: S.168 - REFERRED TO CONSUMER PROTECTION 2015: S.168 - REFERRED TO CONSUMER PROTECTION 2014: S.23 Referred to Codes 2013: S.23 Referred to Codes 2012: S.499 Referred to Consumer Protection 2011: S.499 - Reported and Committed to Codes 2009-10: S.5583 - Referred to Codes/A.7587 - Enacting Clause Stricken/A.10864 - Held for Consideration in Codes
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.