Employment Agency License

You need an Employment Agency License to help people find jobs for a fee. This includes helping employers find workers. The New York City Department of Consumer and Worker Protection (DCWP) gives this license.

Businesses not requiring an Employment Agency License

• Staffing agency: You are the employer, and you hire out your workers. Your workers get a W-2 Form from you at the end of the year, and you meet the criteria of an employer.
• Theatrical personal manager: You manage artists. Exception: If you find jobs for artists, you need an Employment Agency License.
• Certain executive search firms and employer fee paid agencies: You place only commercial, clerical, executive, administrative and professional workers. You never charge the worker a fee. You do not need a license, but you must follow New York State Employment Agency Law.

• Get your business certificate:
  You need the right Business Certificate for your business type.

  • Sole proprietors using a name other than your own need a Business/Assumed Name Certificate.
  • Partnerships need a Partnership Certificate and, if needed, an Assumed Name Certificate.
  • Corporations, limited partnerships, limited liability companies and limited liability partnerships must register and stay active with the New York State Division of Corporations. Check your status at www.dos.ny.gov/corps.

• Get commercial space:
  You cannot run your business in a home. If your building is both commercial and residential, your agency must be in the commercial part. DCWP will check your space with DOB to make sure it is commercial. DCWP may ask for DOB documents under section 20-104 of the New York City Administrative Code.

• Complete the basic license application:
  You must complete the Basic License Application. This application needs:

  • Business information and ID numbers (EIN, SSN or ITIN)

  • Contact information for the business location and owner

  • History of criminal and/or civil charges for business owners, partners, shareholders and officers

  • Any DCWP license history for individuals named on the application and their relatives

• Theatrical employment agency self-certification:
  If your agency places job applicants in theatrical jobs (e.g., actors, singers, models, directors, writers, musicians), complete the Theatrical Employment Agency Self-Certification.

• Employment agency self-certification:
  If your agency places job applicants in non-theatrical jobs, complete the Employment Agency Self-Certification.

• Submit a surety or third-party bond:
  If you recruit domestic or household employees from outside the U.S. or run a modeling or theatrical agency, submit a $10,000 bond, properly signed. All other agencies need a $5,000 bond. The bond must:

  • Name the City of New York as the Certificate Holder.

  • Match the business name and address on the license application.
    
    Include a copy of the bond receipt showing full payment and that the bond does not expire before the end of the license period.
    List of bonding companies

• Submit sample contracts:
  Submit samples of all contracts you require job applicants to sign, including for each class of employment your agency offers. 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 U.S.; and all other employment not in classes A, A1, C and D
  • Class C: theatrical engagements
  • Class D: nursing engagements

• Submit a "fee paid" letter:
  If your agency will never charge clients a fee within a specific class of employment, submit a "fee paid" letter for each class. The letter must be signed by a principal of the agency and state: "None of our [insert class name] applicants will ever be charged a fee. All fees will be paid to this agency by their employer."

• Fingerprinting:
  All employment agency managers, sole proprietors, general partners, corporate officers, principals, directors, members and shareholders owning 10 percent or more of company stock must be fingerprinted. Fingerprints will be submitted for a state and national criminal history record check by the Federal Bureau of Investigation.
  
  Follow these steps:

  • Contact DCWP's Fitness Review Unit at 212-487-4089 or email FRUUnit@dcwp.nyc.gov as soon as possible.

  • DCWP will give you "Non-Criminal Justice Applicant's Privacy Rights."

  • After you acknowledge receipt, DCWP will give you instructions on how to schedule a fingerprint appointment online with IdentoGO.

• Granting authority to act affirmation:
  If someone other than you will file the license application, complete the Granting Authority to Act Affirmation.

• List of fees:

  • $700: License fee for new applications with five or more placement employees from May 2 of even-numbered years to April 30 of odd-numbered years
  • $500: License fee for new applications with one to four placement employees from May 2 of even-numbered years to April 30 of odd-numbered years
  • $350: License fee for new applications with five or more placement employees from May 1 of odd-numbered years to October 31 of odd-numbered years
  • $250: License fee for new applications with one to four placement employees from May 1 of odd-numbered years to October 31 of odd-numbered years
  • $175: License fee for new applications with five or more placement employees from November 1 of odd-numbered years to May 1 of even-numbered years
  • $125: License fee for new applications with one to four placement employees from November 1 of odd-numbered years to May 1 of even-numbered years
  • Fingerprint processing fee per person
  • Nonrefundable 2% convenience fee for paying with a credit card
  • $700: License renewal fee for licenses with five or more placement employees
  • $500: License renewal fee for licenses with one to four placement employees

• Accepted payment methods:

  • Check (payable to NYC Department of Consumer and Worker Protection, accepted only for in-person submissions)
  • Money order (payable to NYC Department of Consumer and Worker Protection, accepted only for in-person submissions)
  • Credit card, including Visa, Mastercard, American Express and Discover

Notification by mail: You will get a letter within two weeks after the Department of Consumer and Worker Protection (DCWP) gets all your papers.

• If your application is approved: DCWP will send you a license.
• If your application needs more information: DCWP will send you a letter with instructions. You must send the requested material to DCWP within 10 days. If you do not, your application will be denied.
• If your application is denied: DCWP will explain why and tell you how to apply again.

• License validity:
  Licenses last for up to two years. They expire on May 1 of even-numbered years.

• Updating information:
  If your approved application information changes, tell the Department of Consumer and Worker Protection (DCWP). Call 311 or visit the DCWP Licensing Center. Call 311 to check if you need to visit a center. You can only visit the Licensing Center if you have a disability and need to make an in-person visit. You can read this flyer to learn how to make an appointment.

• Posting required signs:
  Once you get your 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 your agency uses.

• Providing written contracts:
  You must give written contracts, a Terms and Conditions form, and receipts. Download the model contract, Terms and Conditions, and model receipt.

• Class A domestic or household workers:
  If you place job applicants as Class A domestic or household workers, you must give each applicant DCWP's Domestic or Household Employees: Statement of Employee Rights and Employer Responsibilities and Domestic or Household Employees: Job Description Form.

• Maintaining a register:
  You must keep a "register" with applicant and employer information. Download model Register.

• Compliance with laws:
  You must follow all laws and rules of New York City, including the Consumer Protection Law and Rules, which are available through the Public Access Portal.

• Review requirements and gather materials:
  Review the requirements for the license and gather all materials before clicking the Apply Online button. Note: You will be redirected to a new web page where you will need a registered account with the City of New York to submit an online application.

• Print the confirmation page:
  After submitting your application online, print a copy of the confirmation page. This page lists the additional steps and materials needed to complete your application. These materials are also listed above and must be submitted within five business days of filing the application online if they were not uploaded as part of the online application submission.

• Complete forms and gather documents:
  Complete the required application forms and gather all necessary documentation identified in the section above.

• Schedule an appointment:
  You can only visit the Licensing Center if you have a disability and need to make an in-person visit. You can read this flyer to learn how to make an appointment.

• Renewal notification:
  Before your license expires, DCWP will mail you a renewal application and instructions. If you plan to keep operating, submit your renewal application at least 15 days before your license expires.

• Renewal notification:
  Before your license expires, DCWP will mail you a renewal application and instructions. If you plan to keep operating, submit your renewal application, required documents and fees at least 15 days before your license expires. You can only visit the Licensing Center if you have a disability and need to make an in-person visit. You can read this flyer to learn how to make an appointment.

• Renewal notification:
  Before your license expires, DCWP will mail you a renewal application and instructions. If you plan to keep operating, submit your renewal application, required documents and fees at least 15 days before your license expires. Mail materials using the orange return envelope to the DCWP Licensing Center.
  
  NYC Department of Consumer and Worker Protection (DCWP) Licensing Center
  42 Broadway
  New York, NY 10004
  Email: onlineappsdocs@dcwp.nyc.gov