EMPLOYMENT AGENCY (034)

DCA Licensing Center
42 Broadway, 5th Floor
New York, NY 10004
For more information, call 311 (or 212-NEW-YORK outside of New York City). 

LICENSE DESCRIPTION:
You must have an Employment Agency license if, for a fee, you procure or attempt to procure employment or engagements for persons seeking employment or engagements, or assist employers in procuring employees.

Your agency must do business in New York City in order to be licensed by DCA. If your office is located in New York State, but not within New York City, please call the New York State Governor’s Office of Regulatory Reform, Permit Assistance for assistance: (800) 342-3464 or visit:
www.nys-permits.org

You do NOT need an Employment Agency License if you are one of the following types of business:

• Temporary Employment Agency: You are the employer and you contract out your employees, all of whom receive a W-2 form from you at the end of the year and you meet criteria of an employer.
• Theatrical Personal Manager: If you believe you qualify as a “Theatrical Personal Manager” but would like confirmation, please submit to our Legal Division a letter detailing the exact nature of your business.
• Executive Search Firm Agency and Certain Employer Fee Paid Agencies: Your agency places only commercial, clerical, executive, administrative, and professional applicants, and never charges the applicant a fee of any kind. If you fit this category, you do not need a license, but you must comply with all sections of the New York State Employment Agency Law relating to Employer Fee Paid Agencies.

This description is only a general explanation of which businesses need to have an Employment Agency license.

Note: New York City businesses must comply with all relevant federal, state, and City laws and rules. All laws and rules of the City of New York, including the Consumer Protection Law and Rules, are accessible using the Public Access Portal. For convenience, sections of relevant New York State Law and/or New York City Law and Rules are available as a downloadable handout.

Please note that businesses are responsible for knowing and complying with the most current laws, including any City Council amendments. The Department of Consumer Affairs (DCA) is not responsible for errors or omissions in the handout. The information is not legal advice. You can only obtain legal advice from a lawyer.

APPLICATION REQUIREMENTS: 

Before You File Your DCA License Application:
You must obtain the following required documents before filing your application.

• Applicable Business Certificates based on your Business's Legal Structure 

Sole Proprietorships operating under a name other than your own must file a Business/Assumed Name Certificate with the clerk of the county in which your business is conducted.

Sole Proprietorships doing business under your own name—and not under a trade or Doing-Business-As (DBA) name—do not need a Business Certificate.

General/Business Partnerships must file your Partnership Certificate with the clerk of the county in which your business is conducted.

Corporations, Limited Partnerships, Limited Liability Companies, or Limited Liability Partnerships must register and remain active with the New York State Department of State. Active status will be verified by DCA prior to license issuance. You can confirm the status of your business entity at NYS Web site. If applicable, you must also file an Assumed Name Certificate for your business.

Businesses incorporated out of state must obtain a Certificate of Doing Business in Good Standing from your home state’s Secretary of State and file this with an application for Authority to Conduct Business in New York with the New York State Secretary of State.

• Premises Approval by the Department of Buildings
  You cannot operate your business in a residential building. If you plan to operate in a building that is both commercial and residential, your agency must be placed in the commercial part of the building. DCA will verify your premises with the Department of Buildings (DOB) to ensure you are operating in a commercial space. Although DCA does not require submission of DOB documents in order to process your application in person or online, DCA reserves the right to request and examine the documents under section 20.104 of the New York City Administrative Code.

When You File Your DCA License Application:
Below are requirements when filing your license application:

• Basic License Application   

NEW: Employment Agency license applicants can now submit new license applications online. Applying for the license online does not mean the license is automatically approved. A major credit card is required to submit applications online. Convenience fees apply. After reviewing application requirements, please click the Apply Online link at the bottom of this Web page to submit your application online.

For in-person application submission, applicants can download and complete the Basic License Application Form (in PDF).

• Business Certificate
  See description above.

Attention: Corporate Applicants. If you file your application in person, DCA can print a copy of your Certificate of Incorporation and/or Certificate of Authority to Conduct Business in New York from the New York State Department of State’s Web site.

• Employment Agency Self-Certification of Contract Compliance (download)
  
  
• Copy of your Surety Bond (or Third Party Bond), properly signed.
  Applicants that will engage in the recruitment of domestic or household employees from outside the United States or conduct a modeling/theatrical agency must submit a $10,000 bond certificate. All other employment agency applicants must submit a $5,000 bond certificate. The copy of the bond must name the Department of Consumer Affairs as the Certificate Holder. Your corporate name, Doing-Business-As (DBA) name (if any), and premises address must be exactly the same on all documents. You must also submit a copy of the bond receipt showing that the bond has been paid in full and does not expire before the end of the licensing period.
  
  Download a list of bonding companies (in PDF) 
  The companies listed have provided bonds for licensees, or have communicated to the Department of Consumer Affairs an interest in doing so. The list must not be considered a recommendation of any company, or a complete listing. All applicants are advised to investigate and compare these and other bonding companies. Some companies may provide only certain types of bonds. Companies are listed in alphabetical order.
  
  
• Copy of Contracts and/or Fee Paid Letters
  Submit one blank sample of all contracts to be used by your agency for each employment category in which you will place applicants. All contracts must contain the agency’s name and address. Note: Section 185 and 186 of Article 11 of New York State General Business Law must be preprinted on all contracts. Download a model contract in English and Spanish. Download a model receipt in English and Spanish.
   
  If you will never charge applicants a fee within a specific category, for each such category a signed “fee paid” letter from a principal of the agency is required stating:

  None of our [insert category name] applicants will ever be charged a fee. All fees will be paid to this agency by their employer.

  You must also submit a sample of all contracts for which you intend to enter with the employer. Each employment category must be represented either by an applicant contract or an employer contract in conjunction with a “fee paid” letter as described above.

• Sample of Proposed Applications
  Submit one blank sample of proposed applications for each employment category in which you will place applicants. Applications must not contain any questions considered discriminatory or highly personal by the New York State Division of Human Rights. The following are some examples of questions which may NOT be asked.

  1. Date of Birth / Age
  2. Place of Birth / Native Language
  3. Number of Children / Dependents
  4. Marital Status
  5. Sex
  6. Medical History
  7. Disability
  8. Arrest record
  9. Race, Religion, etc.

  EXCEPTION: Modeling agencies may ask the questions indicated above only if they relate to “job performance.”

• Fingerprints and Processing Fee
  All employment agency managers, sole proprietors, general partners, directors, corporate officers, and all shareholders owning 10% or more of company stock must be fingerprinted at the Department of Consumer Affairs (DCA) Licensing Center. EXCEPTIONS: Any person who currently holds or has held within the past three years a DCA license that required fingerprinting does not need to be fingerprinted. Any person fingerprinted at the DCA Licensing Center within the past three years does not need to be fingerprinted. Each person who must be fingerprinted must visit the DCA Licensing Center, located at 42 Broadway, 5th Floor, in lower Manhattan, with photo identification (ID) and pay a $94.25 processing fee by check or money order, payable to NYC Department of Consumer Affairs. Acceptable forms of ID include:
  • driver’s license or non-driver’s license identification issued by a State Department of Motor Vehicles
  • license or permit issued by a government agency
  • passport
  • alien card/green card
  • a City, State, or Federal employee ID card

Your fingerprints will be checked for any criminal record that you may have. Note that a conviction will not necessarily prevent you from being granted a license. However, failure to reveal a conviction can constitute grounds for the denial of your application. 

• Proof of Employment Agency Manager
  Each employment agency must have at least one employment agency manager who will direct and operate the placement activities of the employment agency. Submit ONE of the following as proof:
  
  • a copy of an employment agency manager’s identification card issued by DCA OR
  • the completed Employment Agency Manager Permit Application (download) for an individual to apply for a permit
    
    
• Child Support Certification Form (download)
  If your business is a SOLE PROPRIETORSHIP or GENERAL or LIMITED PARTNERSHIP, the proprietor or each individual general partner must submit a Child Support Certification Form. 
  
  
• Granting Authority to Act Affirmation (download)
  If this application will be filed by someone other than the license applicant, the license applicant must submit a Granting Authority to Act Affirmation. 
  
  
• License Fee
  For in-person application submissions, the License Fee must be paid by credit card, money order, or check. Cards accepted include Visa, MasterCard, American Express, and Discover Card. Checks or money orders must be payable to NYC Department of Consumer Affairs. The chart below lists the amount due depending upon when your license application is filed and the number of placement employees. Note: An odd year is any year ending in an odd digit; for example, 2009, 2011, etc. An even year is any year ending in an even digit; for example, 2010, 2012, etc. 
  
  Please note that convenience fees apply if you submit your license application online. A major credit card is required to submit applications online. 

*Note: If you are applying for the license between November 1 in an odd year and May 1 in an even year, you can pay the prorated fee for the license period about to end PLUS the fee for the new two-year license period. For example, applicants with 1 to 4 placement employees can pay $125 (prorated fee) PLUS $500 (two-year fee), for a total of $625. If you pay both fees, you will not need to renew the license until May 1 of the next even year.

Online Applicants: If you submit your license application online between November 1 in an odd year and May 1 in an even year, you will be required to pay the combined fee. For example, applicants with 1 to 4 placement employees must pay $625. You will not need to renew the license until May 1 of the next even year.

APPLICATION FILING PROCESS: 

ONLINE SUBMISSION:
Please make sure that you have reviewed and recorded the information required to submit a license application online before clicking the button below. Note: After successfully filing the application form online, Employment Agency applicants must visit the DCA Licensing Center within five (5) business days to be fingerprinted. As outlined in the “When You File” section, applicants must submit the following supporting documents: Business Certificate; Employment Agency Self-Certification of Contract Compliance; Surety Bond; Bond Receipt; Copy of Contracts and/or Fee Paid Letters; Sample of Proposed Applications; Proof of Employment Agency Manager; Child Support Certification Form (if applicable); and Granting Authority to Act Affirmation (if applicable). You must fax, e-mail, or bring documents to the DCA Licensing Center within five (5) business days after successfully filing the application form online. Applicants should follow instructions on the printed confirmation page. Your license application will not be complete without these requirements.

You will be routed to NYC Business Express.

IN-PERSON SUBMISSION:
Applications may be filed in person at the DCA Licensing Center at the address above between 9:00 a.m. and 5:00 p.m. on Monday, Tuesday, Thursday and Friday, and from 8:30 a.m. to 5:00 p.m. on Wednesday.

After You File Your DCA License Application:
Below is information you need to know after submitting your license application:  

• Signage Posting
  The Department of Consumer Affairs will provide you with the documents listed below. Per Article 11 of the New York State General Business Law, you must post the documents, along with all licenses, conspicuously in your reception area.
  
  • DCA’s New York Employment Agencies Law poster in English and/or Spanish
  • U.S. Anti-Discrimination Poster
  • New York State Anti-Discrimination Poster
  • Regulation #2 Sign
  
  
  
• Statement of Employee Rights and Employer Responsibilities
  Under New York City law, agencies that place domestic or household workers must provide them with a Statement of Employee Rights and Employer Responsibilities. Download the statement in English and Spanish.
  
  
• Register Book
  Employment agencies must maintain a “Register Book.” The following company has provided register books for licensees or has communicated to the Department of Consumer Affairs an interest in doing so. Listing this company must not be considered a recommendation. All applicants are advised to investigate and compare this and other companies before making a decision.

FAIRMONT PRESS    
121 Varick Street, 9th Floor  
New York, NY 10013     
(212) 255-2300