§ 32-406 — Requirements for operation of employer-paid personnel services.

(a) Each employer-paid personnel service shall maintain a file of all of its advertisements identified by date and publication. All advertisements and other promotional material shall carry the name under which the employer-paid personnel service is licensed to do business.

(b) Any employer-paid personnel service which uses any statistics regarding its placement rate, success rate, or other similar statistics in its advertising, promotional materials, or oral or written statements to job-seekers shall maintain records from which the Mayor can determine the accuracy of these statistics.

(c) Each employer-paid personnel service shall keep detailed records of the following information on forms approved by the Mayor:

(1) The names, home addresses, and telephone numbers of all job-seekers interviewed by the employer-paid personnel service;

(2) The name of each employer placing a job order with the employer-paid personnel service, a description of each job order, and the identity of each job-seeker referred to the employer for each job order;

(3) The identity of each employer and job-seeker for each job placement resulting from the activities performed by the employer-paid personnel service and a description of the job in which the job-seeker was placed; and

(4) Any other information determined by the Mayor to be necessary to accomplish the purposes of this chapter.

(d) The records required by subsections (a) through (c) of this section shall be maintained for 4 years from the date the record is made.

(e) No employer-paid personnel service doing business in the District, or any person employed by or acting as an agent of that employment agency, shall:

(1) Knowingly make referrals to any job for which the requirements, duties, or conditions violate federal or District law;

(2) Knowingly refer any job-seeker to any establishment at which a labor dispute is in progress without informing the job-seeker of the existence of the labor dispute;

(3) Advertise a job opening unless the employer-paid personnel service has on file a bona fide employer order for a job-seeker for that job opening;

(4) Solicit, persuade, or induce any job-seeker to leave any job in which the employer-paid personnel service placed the job-seeker;

(5) Place or attempt to place any person under the age of 18 in any employment where the employment would violate any compulsory education or child labor laws; or

(6) Violate any provision of Chapter 39 of Title 28 .

Legislative History

Mar. 13, 1985, D.C. Law 5-136, § 7, 31 DCR 5727