Employment Services Industry Licensing Guide
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New York Employment Agency

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Licensing requirements for New York employment, staffing and talent agencies.

This page provides an overview of employment services licensing in New York for individuals and agencies. You will find state requirements, application fees, filing instructions, and more. For assistance with licensing, please contact us to learn about our software and managed license services.

Companies that provide employment services in New York must apply for a license prior to doing business. Depending on the services offered, businesses may need to apply for more than one license type, and in some cases, an individual license will be required as well.

Company Licenses

New York Employment Services Company Licenses

Companies acting as employment agencies in New York must obtain the following licenses before offering employment services. Applications usually require proof of incorporation or a certificate of authority.

New York Employment Agency License

Agency:New York State Department of Labor

Initial Registration

This section applies to firms that are applying for a license in New York for the first time.

Form:

https://labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm#Employment_Agency

Agency Fee:

$250-$700 depending on multiple factors.

Registration Renewal

This section applies to firms that are already licensed in New York and need to renew their license.

Form:

PEO Registration Application LS665

Filing Method:

email

Agency Fee:

$250-$700 depending on multiple factors.

Due:

Biennially

New York Professional Employer Organization Registration

Agency:New York State Department of Labor
Law:

NY Lab L § 918

Foreign Qualification is Prerequisite:Yes
Financial Requirements:

Applicants must maintain a net worth of at least $75,000.

Bond Requirements:

If the applicant does not meet the net worth requirement, they may instead submit a bond or securities with a minimum market value of $75,000.

Initial Registration

Form:

Form LS665: PEO Registration Application

Instructions:

Mail to: 
New York State Department of Labor Division of Labor Standards 
Permit and Certificate Unit  
State Office Campus 
Building 12, Room 185B 
Albany, NY 12240 

Filing Method:

Mail

Agency Fee:

$1,000

Required Attachments:
  • List the current address of each additional office the individual PEO or parent organization maintains in New York
  • Other than those included in the above list, list the addresses of each office you maintained in New York during the past five years. Include any other names used and names of any predecessors and successors, if known.
  • If the applicant PEO is privately or closely held, a list of all persons or entities that own a 5% or greater interest in the individual PEOor the parent organization of the PEO group at the time of this application.
  • A list all persons not listed above that have owned a 5% or greater interest in the individual PEO or the parent organization of the PEO group in the five years preceding the date of this application.
  • If the applicant PEO or its parent company is a publicly traded company, a list of all persons or entities that own 50% or greater interest in the PEO or the parent company of the PEO.
  • A copy of the corporate filing receipt and/or authorization to do business in New York State from the New York State Secretary of State
  • A blank client contract incorporating the requirements of Article 31 of the New York Labor Law and a sample written notice to worksite employees
  • A list of all New York clients including the name, address, FEIN, type of business, name of the New York State Workers’ Compensation and Disability Insurance policyholders, and number of employees for each client.
  • A reviewed or audited financial statement of the PEO’s most recent fiscal year. The statement must have been prepared within 180 days prior to the submission by an independent certified public accountant (CPA) using generally accepted accounting principles (GAAP) and must show a minimum net worth of $75,000. The statement must be accompanied by a cover letter, signed by the independent CPA, certifying that (1) the statement fairly represents the financial position of the firm in accordance with GAAP and (2) there is reasonable assurance that the firm has timely paid all applicable federal and state payroll taxes on all New York employees (for example: office, worksite, etc.) for that fiscal year and explaining the basis for these certifications.
  • Proof of New York Workers’ Compensation and Disability Insurance

Registration Renewal

Form:

Form LS665: PEO Registration Application (Renewal)

Filing Method:

Mail

Agency Fee:

$0

Due:

Annually within 180 days after the end of the PEO’s fiscal year.

Required Attachments:
  • List the current address of each additional office the individual PEO or parent organization maintains in New York
  • Other than those included in the above list, list the addresses of each office you maintained in New York during the past five years. Include any other names used and names of any predecessors and successors, if known.
  • If the applicant PEO is privately or closely held, a list of all persons or entities that own a 5% or greater interest in the individual PEOor the parent organization of the PEO group at the time of this application.
  • A list all persons not listed above that have owned a 5% or greater interest in the individual PEO or the parent organization of the PEO group in the five years preceding the date of this application.
  • If the applicant PEO or its parent company is a publicly traded company, a list of all persons or entities that own 50% or greater interest in the PEO or the parent company of the PEO.
  • A blank client contract incorporating the requirements of Article 31 of the New York Labor Law and a sample written notice to worksite employees
  • A list of all New York clients including the name, address, FEIN, type of business, name of the New York State Workers’ Compensation and Disability Insurance policyholders, and number of employees for each client.
  • A reviewed or audited financial statement of the PEO’s most recent fiscal year. The statement must have been prepared within 180 days prior to the submission by an independent certified public accountant (CPA) using generally accepted accounting principles (GAAP) and must show a minimum net worth of $75,000. The statement must be accompanied by a cover letter, signed by the independent CPA, certifying that (1) the statement fairly represents the financial position of the firm in accordance with GAAP and (2) there is reasonable assurance that the firm has timely paid all applicable federal and state payroll taxes on all New York employees (for example: office, worksite, etc.) for that fiscal year and explaining the basis for these certifications.
  • Proof of New York Workers’ Compensation and Disability Insurance

Financial Reporting
Quarterly Certification

Instructions:

Mail to: 
New York State Department of Labor Division of Labor Standards 
Permit and Certificate Unit  
State Office Campus 
Building 12, Room 185B 
Albany, NY 12240 

Filing Method:

Mail

Agency Fee:

$0

Due:

Within 60 days of the end of each calendar quarter.

Notes:

PEOs must submit a statement, signed by an independent CPA, certifying that there is reasonable assurance that the firm has timely paid all applicable federal and state payroll taxes on all New York employees for that quarter and explaining the basis for this certification.

Supplemental Reporting
Quarterly Client List Report

Instructions:

Mail to: 
New York State Department of Labor Division of Labor Standards 
Permit and Certificate Unit  
State Office Campus 
Building 12, Room 185B 
Albany, NY 12240 

Filing Method:

Mail

Agency Fee:

$0

Due:

Within 60 days of the end of each calendar quarter.

Notes:

PEOs must submit a client list showing all changes since the last list submitted. Include the name and address, FEIN, type of business, and name of New York State Workers’ Compensation and Disability Insurance policyholders for each new client. The list should be signed by an officer, partner, owner or member, certifying the list is complete, current and accurate.

New York Professional Employer Organization Registration - Exempt

Agency:New York State Department of Labor
Law:

NY Lab L § 919

Foreign Qualification is Prerequisite:Yes
Notes:
  • A PEO can request “Exempt” status if:
    • It does not maintain an office in New York State
    • It does not engage in direct solicitation of business in New York State
    • It does not have more than 25 worksite employees in New York State
    • It is licensed to do business as a PEO in another state that has the same or greater requirements as New York State
  • The law does not permit Group exemption. Each PEO must apply individually
Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Form LS671: PEO Exemption Application

Instructions:

Mail the completed request with all attachments to:
New York State Department of Labor
Division of Labor Standards
Permit and Certificate Unit
Harriman State Office Campus
Building 12, Room 185B
Albany, NY 12240

Filing Method:

Mail

Agency Fee:

$1,000

Notes:

Authorized Signers

  • If a corporation, the application must be signed by the chief executive officer of the corporation.
  • If a partnership, proprietorship or LLC the application must be signed by a partner, owner or member
    authorized to bind the entity
Required Attachments:
  • A list of states in which the PEO is licensed or registered as a PEO, its license or registration number, and the State Agency that issued it
  • A copy of the corporate filing receipt and/or authorization to do business in New York State from the New York State Secretary of State
  • A blank copy of the contract used with clients
  • A list of all New York clients including the name, address, FEIN, type of business, name of the New York State Workers’ Compensation and Disability Insurance policyholders, and number of employees for each client.
  • Form CE 200. Information and a copy of this form are available from any District Office of the New York State Workers’ Compensation Board
  • A copy of your PEO Registration from another state that has the same, or greater, requirements as NYS

Registration Renewal

Form:

Form LS671: PEO Exemption Application (Renewal)

Agency Fee:

$500

Due:

Annually within 180 days after the end of the PEO’s fiscal year. 

Required Attachments:
  • States in which the PEO is licensed or registered as a PEO, its license or registration number, and the State Agency that issued it
  • A blank copy of the contract used with clients
  • A list of all New York clients including the name, address, FEIN, type of business, name of the New York State Workers’ Compensation and Disability Insurance policyholders, and number of employees for each client.
  • Form CE 200. Information and a copy of this form are available from any District Office of the New York State Workers’ Compensation Board
  • A copy of your PEO Registration from another state that has the same, or greater, requirements as NYS

New York Professional Employer Organization Registration - Group

Agency:New York State Department of Labor
Law:

NY Lab L § 918

Foreign Qualification is Prerequisite:Yes
Financial Requirements:

Applicants must maintain a net worth of at least $75,000.

Bond Requirements:

If the applicant does not meet the net worth requirement, they may instead submit a bond or securities with a minimum market value of $75,000.

Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Form LS665: PEO Registration Application

Agency Fee:

$1,000

Required Attachments:
  • List the current address of each additional office the individual PEO or parent organization maintains in New York
  • Other than those included in the above list, list the addresses of each office you maintained in New York during the past five years. Include any other names used and names of any predecessors and successors, if known.
  • If the applicant PEO is privately or closely held, a list of all persons or entities that own a 5% or greater interest in the individual PEOor the parent organization of the PEO group at the time of this application.
  • A list all persons not listed above that have owned a 5% or greater interest in the individual PEO or the parent organization of the PEO group in the five years preceding the date of this application.
  • If the applicant PEO or its parent company is a publicly traded company, a list of all persons or entities that own 50% or greater interest in the PEO or the parent company of the PEO.
  • All the Professional Employer Organizations in the group. Include the FEIN and address for each PEO.
  • Additional names, if any, under which the PEOs conduct business.
  • The addresses of each additional office each member of the group maintains in New York.
  • Other than those listed above, list the addresses of each office maintained by each member of the group in New York during the past five years. Include any other names used and names of predecessors and successors, if known.
  • A copy of the corporate filing receipt and/or authorization to do business in New York State from the New York State Secretary of State
  • A blank client contract incorporating the requirements of Article 31 of the New York Labor Law and a sample written notice to worksite employees
  • A list of all New York clients including the name, address, FEIN, type of business, name of the New York State Workers’ Compensation and Disability Insurance policyholders, and number of employees for each client.
  • A reviewed or audited financial statement of the PEO’s most recent fiscal year. The statement must have been prepared within 180 days prior to the submission by an independent certified public accountant (CPA) using generally accepted accounting principles (GAAP) and must show a minimum net worth of $75,000. The statement must be accompanied by a cover letter, signed by the independent CPA, certifying that (1) the statement fairly represents the financial position of the firm in accordance with GAAP and (2) there is reasonable assurance that the firm has timely paid all applicable federal and state payroll taxes on all New York employees (for example: office, worksite, etc.) for that fiscal year and explaining the basis for these certifications. A PEO Group may submit combined or consolidated audited or reviewed financial statements.
  • Proof of New York Workers’ Compensation and Disability Insurance

Registration Renewal

Form:

Form LS665: PEO Registration Application (Renewal)

Agency Fee:

$500

Due:

Annually within 180 days after the end of the PEO’s fiscal year.

Required Attachments:
  • List the current address of each additional office the individual PEO or parent organization maintains in New York
  • Other than those included in the above list, list the addresses of each office you maintained in New York during the past five years. Include any other names used and names of any predecessors and successors, if known.
  • If the applicant PEO is privately or closely held, a list of all persons or entities that own a 5% or greater interest in the individual PEOor the parent organization of the PEO group at the time of this application.
  • A list all persons not listed above that have owned a 5% or greater interest in the individual PEO or the parent organization of the PEO group in the five years preceding the date of this application.
  • If the applicant PEO or its parent company is a publicly traded company, a list of all persons or entities that own 50% or greater interest in the PEO or the parent company of the PEO.
  • All the Professional Employer Organizations in the group. Include the FEIN and address for each PEO.
  • Additional names, if any, under which the PEOs conduct business.
  • The addresses of each additional office each member of the group maintains in New York.
  • Other than those listed above, list the addresses of each office maintained by each member of the group in New York during the past five years. Include any other names used and names of predecessors and successors, if known.
  • A blank client contract incorporating the requirements of Article 31 of the New York Labor Law and a sample written notice to worksite employees
  • A list of all New York clients including the name, address, FEIN, type of business, name of the New York State Workers’ Compensation and Disability Insurance policyholders, and number of employees for each client.
  • A reviewed or audited financial statement of the PEO’s most recent fiscal year. The statement must have been prepared within 180 days prior to the submission by an independent certified public accountant (CPA) using generally accepted accounting principles (GAAP) and must show a minimum net worth of $75,000. The statement must be accompanied by a cover letter, signed by the independent CPA, certifying that (1) the statement fairly represents the financial position of the firm in accordance with GAAP and (2) there is reasonable assurance that the firm has timely paid all applicable federal and state payroll taxes on all New York employees (for example: office, worksite, etc.) for that fiscal year and explaining the basis for these certifications. A PEO Group may submit combined or consolidated audited or reviewed financial statements.
  • Proof of New York Workers’ Compensation and Disability Insurance

Financial Reporting
Quarterly Certification

Agency Fee:

$0

Due:

Within 60 days of the end of each calendar quarter.

Notes:

PEOs must submit a statement, signed by an independent CPA, certifying that there is reasonable assurance that the firm has timely paid all applicable federal and state payroll taxes on all New York employees for that quarter and explaining the basis for this certification.

Supplemental Reporting
Quarterly Client List Report

Agency Fee:

$0

Due:

Within 60 days of the end of each calendar quarter.

Notes:

PEOs must submit a client list showing all changes since the last list submitted. Include the name and address, FEIN, type of business, and name of New York State Workers’ Compensation and Disability Insurance policyholders for each new client. The list should be signed by an officer, partner, owner or member, certifying the list is complete, current and accurate.

New York Talent Agency License

Agency:New York State Department of Labor
Notes:

New York does not have a separate talent agency license, but an employment agency license may be required.

Initial Registration

Form:

https://labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm#Employment_Agency

Agency Fee:

$250-$700 depending on multiple factors.

Registration Renewal

Form:

https://labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm#Employment_Agency

Agency Fee:

$250-$700 depending on multiple factors.

Due:

Biennially

Employee Leasing Company - Enter into leasing contracts with other businesses that require labor. The leasing company loans its workers to the lessee while still providing specified responsibilities, such as workers compensation insurance, to the employees. This includes long term (6 months or more) temporary arrangements but often excludes temporary help arrangements. Unlike professional employer organizations, employee leasing companies are contracted when an employer needs to hire staff and does not want to handle human resources responsibilities.

Employment Agency - An entity that, for compensation, procures or attempts to procure employment for a person.

Professional Employer Organization - PEOs take on the human resources role for businesses and act as a co-employer in the sense that the client company's workers are administratively employees of the PEO but functionally these employees are controlled by the client company. Unlike employee leasing companies, PEOs are contracted when an employer already has staff and does not want to handle human resources responsibilities.

Staffing Agency - An entity that procures temporary or part-time employment for a person who then works under the supervision of a worksite employer.

Talent Agency - An entity that, for compensation, procures or attempts to procure employment or placement for an artist. (Certain art forms are excluded)

American Staffing Association
Staffing, recruiting, and workforce solution industry advocacy group.

National Association of Personnel Services (NAPS)
Education and training oriented association for personnel services providers.

National Association of Professional Employer Organizations (NAPEO)
Provides advocacy efforts, information, and other services to members of the employment industry.

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