Employment Agency License
An Employment Agency License is required for any business that provides job assistance for a fee. This includes helping employers find employees and helping jobseekers find work. The New York City Department of Consumer and Worker Protection (DCWP) issues this license.
The following types of business do not require an Employment Agency license:
- Staffing 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 the criteria of an employer.
- Theatrical Personal Manager: Your primary business is managing artists. Exception: If your primary business is finding employment or engagements for artists, you are a “theatrical employment agency” and need an Employment Agency License.
- Certain Executive Search Firm and 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.
You must have the applicable Business Certificate based on your business’s legal structure.
- Sole proprietors operating under a name other than your own must have a Business/Assumed Name Certificate.
- Partnerships must have a Partnership Certificate and, if applicable, an Assumed Name Certificate for your business.
- Corporations, Limited Partnerships, Limited Liability Companies, or Limited Liability Partnerships must register and remain active with the New York State Division of Corporations. You can check your status at www.dos.ny.gov/corps.
Obtain Commercial Space.
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. DCWP will verify your premises with DOB to ensure you are operating in a commercial space. Although DCWP does not require submission of DOB documents in order to process your application, DCWP reserves the right to request and examine the documents under section 20-104 of the New York City Administrative Code.
Complete the Basic License Application.
The Basic License Application requires business information, including applicable identification numbers (such as EIN, SSN, or ITIN); contact information for the business location and business owner, history of criminal and / or civil charges for the business owners, partners, shareholders, and officers; and any DCWP license history for individuals named on the application and their relatives.
If the agency will place or attempt to place job applicants in theatrical engagements (e.g., actors, singers, models, directors, writers, musicians), complete the Theatrical Employment Agency Self-Certification.
If the agency will place or attempt to place job applicants in employment other than theatrical engagements, complete the Employment Agency Self-Certification.
Submit a copy of the business' surety or third party bond, properly signed, and its bond receipt. Applicants that will engage in the recruitment of domestic or household employees from outside the United States, or will operate a modeling or theatrical agency must submit a $10,000 surety or third party bond. All other employment agency applicants must submit a $5,000 surety or third party bond. The bond must name the City of New York as the Certificate Holder. The corporate name, Doing-Business-As (DBA) name (if any), and premises address must be exactly the same on all documents. Also, the bond receipt must show that the bond has been paid in full and does not expire before the end of the licensing period.
Submit a copy of contracts.
You must submit a sample of all contracts that you require applicants for employment to execute, including for each class of employment your agency offers to secure jobs. Classes of employment include:
- Class A (domestic household workers, unskilled or untrained manual workers and laborers)
- Class A1 (non-professional trained or skilled industrial workers or mechanics)
- Class B (commercial, clerical, executive, administrative, and professional employment; all employment outside the continental United States; and all other employment not included in classes A, A1, C, and D)
- Class C (theatrical engagements)
- Class D (nursing engagements)
If the license application will be filed by someone other than the applicant, complete the Granting Authority to Act Affirmation.
List of Fees.
- $700: License Fee for applicants that will hire five or more placement employees and files for a new Employment Agency License from May 2 of years that end in an even number to April 30 of years that end in an odd number.
- $500: License Fee for applicants that will hire one to four placement employees and files for a new Employment Agency License from May 2 of years that end in an even number to April 30 of years that end in an odd number.
- $350: License Fee for applicants that will hire five or more placement employees and files for a new Employment Agency License from May 1 of years that end in an odd number to October 31 of years that end in an odd number.
- $250: License Fee for applicants that will hire one to four placement employees and files for a new Employment Agency License from May 1 of years that end in an odd number to October 31 of years that end in an odd number.
- $175: License Fee for applicants that will hire five or more placement employees and files for a new Employment Agency License from November 1 of years that end in an odd number to May 1 of years that end in an even number.
- $125: License Fee for applicants that will hire one to four placement employees and files for a new Employment Agency License from November 1 of years that end in an odd number to May 1 of years that end in an even number.
- Fingerprint Processing Fee per person.
- Non-Refundable Convenience Fee for paying with a credit card.
- $700: License Renewal Fee for licensees with five or more placement employees.
- $500: License Renewal Fee for licensees with one to four placement employees.
List of accepted payment methods.
- Check (Payable to NYC Department of Consumer and Worker Protection, accepted only for in person application submissions.)
- Money Order (Payable to NYC Department of Consumer and Worker Protection, accepted only for in person application submissions.)
- Credit card including Visa, MasterCard, American Express, and Discover Card.
- If the application is approved, DCWP will issue the applicant a license document.
- If the application requires additional information, DCWP will notify the applicant by mail with instructions on how to submit this information. If the applicant does not submit the requested materials to DCWP within 10 days of receiving this notification letter, the application will be denied.
- If the application is denied, DCWP will provide an explanation for the denial and information about the reapplication process.
Upon issuance of the license, you must post required signs in the reception or waiting area, where all job applicants can see them. Signs include:
- U.S. Anti-Discrimination Poster
- New York State Anti-Discrimination Poster
- A sign with required sections from New York General Business Law (You can use DCWP’s New York Employment Agency Laws poster.)
- A sign with your business name, DCWP license number, and instructions for complaints (Use DCWP’s combined license and complaint sign.)
- DCWP’s Job Hunter’s Bill of Rights poster
Note: You must display posters in the language in which your agency does business.