§ 40-52 — Definitions.

For the purpose of and when used in this act: (a) "Employee", as used in this act, shall mean any person performing or applying for work or service of any kind or character for hire. (b) "Employer" shall mean any person employing or seeking to employ any person for hire. (c) "Fees" shall mean anything of value, including any money or other valuable consideration exacted, charged, collected or received directly or indirectly, or paid or promised to be paid for any services or act described or enumerated in subsection (e) of this section. (d) "Employment" shall mean the act of employing or state of being employed, engaged, or hired. (e) "Private employment agency" shall mean any business operated in this state by any person, firm or corporation for profit which secures employment or by any form of advertising holds itself out to applicants as able to secure employment or to provide information or service of any kind purporting to promote, lead to or result in employment for the applicant with any employer other than itself, where any applicant may become liable for the payment of a fee to the private employment agency, either directly or indirectly. "Private employment agency" does not include: (1) Any educational, religious, charitable, fraternal or benevolent organization which charges no fee for services rendered in securing employment or providing information about employment; or (2) Any employment service operated by this state, the Government of the United States, or any city, county, or town, or any agency thereof; or (3) Any temporary help service that at no time advertises or represents that its employee, with the approval of the temporary help service, may be employed by one of its client companies on a permanent basis; or (4) Any newspaper of general circulation or other business engaged primarily in communicating information that does not purport to adapt the information provided to the needs or desires of an individual subscriber; or (5) Employment offices that charge no fee to the applicant other than union dues or to the employer and which are used solely for the hiring of employees under a valid union contract by the employer subscribing to this contract; or (6) Any organization that charges fees only for services other than securing employment; provided that such services are performed pursuant to a contract which includes a statement, in a type size no smaller than ten point, directly above the place for the signature of the client that reads as follows: "I have read and received a copy of this contract which I understand makes me legally obligated to pay a fee, I further understand that this contract does not guarantee employment"; or (7) Resume services whose service includes only the preparation and production of resumes, and does not purport to offer services that will result in employment; or (8) A person employing individuals to render part-time or temporary personal services to, for, or under the direction of a third person, if the person employing the individuals, in addition to wages or salaries, pays federal social security taxes, state and federal unemployment insurance, carries workers' compensation insurance as required by state law, and has responsibility for the acts of his employees while rendering services to or under the direction of a third person. (f) "Temporary employment" shall mean any period of employment terminating at any time within sixty (60) days from date of employment. (g) "Permanent employment" shall mean all employment exceeding sixty (60) days duration. (h) "Person" shall mean any individual, copartnership, corporation, or other legal entity.

Legislative History

Added by Laws 1967, c. 384, § 1, emerg. eff. May 23, 1967. Amended by Laws 1988, c. 250, § 1, emerg. eff. June 27, 1988; Laws 2017, c. 51, § 2, eff. Nov. 1, 2017.