§ 11-11-225 — Miscellaneous restrictions and requirements

In addition to other provisions of this subchapter, the following provisions shall govern each and every employment agency: (1) Every employment agent or agency shall display his, her, or its license in a conspicuous place in the main office of the agency. Managers and counselors shall display their licenses in a conspicuous place in their offices or work areas; (2) (A) All advertising by an employment agency of any form or kind shall include the words "employment agency" or "personnel agency". (B) Advertising for an employment position with the agency itself shall clearly convey the information that the job position offered is with the employment agency publishing the advertisement; (3) No employment agency or its agents or employees shall receive or require any applicant to execute any power of attorney, assignment of wages or salary, or note authorizing the confession of judgment; (4) No employment agent, by himself or herself, or by his or her agents or employees, shall solicit, persuade, or induce any employee to leave any employment in which the employment agent or his or her agent has placed the employee, nor shall any employment agency or any of its agents or employees solicit, persuade, or induce any employer to discharge any employee, nor shall any employment agent, or his or her agents or employees, divide or offer to divide or share directly or indirectly any fee, charge, or compensation received, or to be received, from an employee with any employer or persons in any way connected with the business thereof; (5) (A) No employment agent by himself or herself or by his or her agents or employees shall give or promise to give anything of intrinsic value to any employer or applicant for employment as an inducement to use the services of his or her employment agency. (B) No fee shall be solicited or accepted as an application or registration fee by an employment agent for the purpose of registering any person as an applicant for employment; (6) No employment agency or its agents or employees shall advertise or make a referral for any job position without having first obtained a bona fide job order therefor; (7) No employment agency or its agents or employees shall refer an applicant for a job or job interview unless the applicant has been personally interviewed by the employment agency or its agents or employees or has corresponded with the employment agency with the specific purpose of securing employment through that employment agency; (8) (A) Every employment agency shall inform the public by a conspicuous sign or poster that the employment agency is subject to the requirements of this subchapter, which is administered and enforced by the Division of Labor. (B) The division shall prepare and distribute the sign or poster to be used by agencies to comply with this subdivision (8); (9) No employment agency or its agents or employees shall knowingly send an applicant to any place where a strike, lockout, or other labor dispute exists; (10) No agency shall use any trade name or business identity similar to, or reasonably likely to be confused with, the trade name or business identity of an existing agency or any governmental nonprofit employment agency; (11) No employment agency shall refer an applicant to a situation, employment, or occupation prohibited by law; (12) No employment agency shall charge a fee to an employee for any services other than actual placement of an applicant; (13) No employment agency shall charge an applicant a fee for accepting employment with the employment agency or any subsidiary of that agency; (14) Any information regarding an applicant's background or credit, from whatever source obtained, shall be used for no purpose other than assisting the applicant in securing employment. However, an employment agency may use background and credit information regarding an applicant in determining whether to conduct placement services for the applicant if the applicant gives written authorization for securing the information and understands the purpose for which the information is secured; (15) No employment agency or its agents or employees shall engage in any practice that discriminates against any person on the basis of race, color, sex, age, religion, or national origin; (16) Under no circumstances shall more than one (1) fee for any one (1) placement be charged any applicant; (17) No contracts, forms, or schedules used by employment agencies shall contain any provisions in conflict with the provisions of this subchapter; and (18) All refunds due shall be made by the agency by cash, check, or money order promptly when due.

Legislative History

Amended by Act 2019, No. 910,§ 5394, eff. 7/1/2019. Acts 1975, No. 493, § 16; A.S.A. 1947, § 81-1028; Acts 1995, No. 283, § 1.