As used in § 171 of GBL Art. 11, the following terms shall have the meanings indicated:
Applicant. "Applicant" means a person seeking employment.
Employment agency.
(1) "Employment agency" shall include all persons who, for a fee, render vocational guidance or counseling services, and who directly or indirectly represent, by any means, that:
(i) they obtain or attempt to obtain employment for an applicant; or
(ii) they will or may arrange interviews with employers for an applicant; or
(iii) they have or may make contacts with employers which may improve an applicant's chances to obtain employment; or
(iv) they have knowledge of job openings or positions which is not available to the public; or
(v) they have knowledge of job openings or positions which cannot be obtained with reasonable effort from other sources; or
(vi) they maintain or sell a list or lists of job openings or positions unless all of the information contained in the list or lists appears in, and is part of, a newspaper or other publication in general circulation, and this fact is disclosed to consumers.
(2) "Employment agency" also shall include all persons who, for a fee, render vocational guidance or counseling services, and who directly or indirectly represent, by any means, that:
(i) they provide information about job search techniques or job search strategies; or
(ii) they assist an applicant in any attempt to present to employers the availability or qualifications, or both, of the applicant for a position or class of positions. Such representations include, but are not limited to, representations that they "market" or "promote" applicants.
Person. "Person" means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office, or the agent or employee of the foregoing.
Vocational guidance or counseling services. "Vocational guidance or counseling services" means services which consist of one or more oral presentations and which:
(1) provide information concerning the qualifications generally required for one or more positions or class of positions; or
(2) assess, or attempt to assess, the suitability of a person seeking employment for one or more positions or class of positions; or
(3) provide information concerning the availability of one or more positions or class of positions.