To conduct business in New York State, an employment agency must first obtain an Employment Agency License.
An employment agency 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.
- 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.
Forms and Documents
|Appendix to a License Application (GO 1)||
Use this form if you are applying for a license or license renewal.
|Application for an Employment Agency License (LS 355)||This application must be completed to file for an Employment Agency License and must be accompanied by an Employment Agency License - Statements of Character.|
|Statements of Character (LS 361)||
You must send two statements of character with your:
|Application for an Employment Agency License Renewal (LS 355.1)||This application is to be completed to file for renewal of an Employment Agency License.|
|Application for an Employment Agency Manager Permit (LS 355.2)||This application is for an individual who wishes to become a registered Employment Agency Manager.|
|Employment Agency Information for New Applicants (LS 355.3)||Information for first time applicants about completing the Application for an Employment Agency License, LS 355. The LS 355.3 includes fees and requirements.|
|Renewal of Employment Agency License Information (LS 354)||Information for Employment Agencies about their Application for an Employment Agency License Renewal, LS 355.1.|
|Fingerprint Screening Instructions for New Applicants for Employment Agency Licenses (LS 358)||Instructions for fingerprinting and background check required as part of the application for Employment Agency License.|
Who is Licensed
Protest a License
To file a protest against issuance of an Employment Agency License to an applicant you must:
- Protest within one week from the application posting date
- Protest in writing, listing reasons why the license should not be granted
- Sign the statement (an authorized representative may sign)
- Mail the written statement to:
New York State Department of Labor Division of Labor Standards, Permit and Certificate Unit Attn: Employment Agency Protest State Office Campus Bldg 12 Room 266 A Albany NY 12240
You may also scan and email the written protest to the Permit Unit.