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UNITED STATES DEPARTMENT OF LABOR
FRANCES PERKINS, Secretary

BUREAU OF LABOR STATISTICS
CHARLES E. BALDWIN, Acting Comml.tioncr

BULLETIN OF THE UNITED STATES 1
*1
PQ1
BUREAU OF LABOR S T A T IS T IC S /................... PlOe D O l
L A B O R L A WS OF T H E U N I T E D

STATES SERIES

LAWS RELATING
TO EMPLOYMENT AGENCIES
IN THE UNITED STATES
AS OF JANUARY 1,1933

MAY, 1933

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933

For sale by the Superintendent of Documents* Washington, D. Q.




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-

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Price 15 centf

Acknowledgment
This bulletin was prepared by Charles F. Sharkey and George D.

Patterson, jr., of the United States Bureau of Labor Statistics.
ii




Contents
Page

Introduction_____________________________________________________ __
1
Public employment agencies____________________________________
1
Federal activities__________________________________________
2
Private employment agencies_________________________________ _
3
Emigrant agents_______________________________________________
5
Text of the laws:
Public employment agencies—
Arizona___________________________________________________
8
Arkansas_________________________________________________
8
California_______________________________________________ _
9
Colorado________________________________________________ - 9
11
Connecticut_____________________________________________ _
Delaware__________________________________________________
11
District of Columbia_____________________________________ _
11
Georgia-----------------------------------------------------------------------------11
Idaho___________________________________________________ 12
Illinois____________________________________________________
13
Indiana_______________________ - ___________________________
16
17
Iowa____________________________________________________ _
Kansas____________________________________________________
18
Kentucky--------------------------------------------------------------------------19
Louisiana_________________________________________________
20
Maryland--------------------------------------------------------------------------21
Massachusetts-------------------------------------------------------------------21
Michigan__________________________________________________
22
Minnesota_________________________________________________
23
Missouri__________________________________________________
24
Montana__________________________________________________
25
Nebraska__________________________________________________
25
Nevada___________________________________________________
25
New Hampshire___________________________________________
26
New Jersey------------------------------------------------------------------------27
New Mexico_______________________________________________
28
New York_________________________________________________
28
28
North Carolina_______________________________________ ____
30
North Dakota_____________________________________________
Ohio__________________________________________ ___________
31
Oklahoma_____________________________ ___________________
31
Pennsylvania____________________________________________ __
32
Philippine Islands__________________________________________
35
Puerto Rico_______________________________________________
36
Rhode Island______________________________________________
38
South Dakota_____________________________________________
39
Utah.................................................................................................
41
41
Vermont________________________________________________ _
Virginia____ ____________________________________________ _
41
West Virginia______________________________________________
42
42
Wisconsin_________________________________________________
Wyoming_________________________________________________
43
United States________ ______________ ,___ __________________
43
m




IV

CONTENTS

Text of the laws—Continued.
Private employment agencies—
Alaska____________________________________________________
Arizona___________________________________________________
Arkansas__________________________________________________
California_________________________________________________
Colorado__________________________________________________
Connecticut_______________________________________________
District of Columbia_______________________________________
Florida___________________________________________________
Georgia___________________________________________________
Hawaii------------------------------------------------------------------------------Idaho_____________________________________________________
Illinois____________________________________________________
Indiana___________________________________________________
Iowa______________________________________________________
Kansas___________________________________________________
Kentucky--------------------------------------------------------------------------Louisiana_________________________________________________
Maine------------------------------------------------------------------------------Maryland--------------------------------------------------------- ----------------Massachusetts-------------------------------------------------------------------Michigan--------------- ----------------------------------------------------------Minnesota________________________________________________
Missouri__________________________________________________
Montana__________________________________________________
Nebraska_________________________________________________
Nevada-----------------------------------------------------------------------------New Hampshire-----------------------------------------------------------------New Jersey________________________________________________
New York_________________________________________________
North Carolina____________________________________________
Ohio______________________________________________________
Oklahoma_________________________________________________
Oregon____________________________________________________
Pennsylvania______________________________________________
Rhode Island---------------------------------------------------------------------South Dakota_____________________________________________
Tennessee_________________________________________________
Texas_____________________________________________________
Utah_____________________________________________________
Virginia_______________________________________ „ __________
Washington_______________________________________________
West Virginia_____________________________________________
Wisconsin_________________________________________________
Wyoming--------------------------------------------------------------------------Emigrant agents—
Alabama__________________________________________________
Florida___________________________________________________
Georgia____________________________ ______________________
Hawaii____________________________________________________
Mississippi________________________________________________
North Carolina------------------------------------------------------------------Philippine Islands__________________________________________
South Carolina____________________________________________
Tennessee_________________________________________________
Texas_____________________________________________________
Virginia___________________________________________________
West Virginia______________________________________________




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BULLETIN OF THE

U.S.BUREAU OF LABOR STATISTICS
n o . S8i

WASHINGTON

m a y , 1933

LAWS RELAHNG TO EMPLOYMENT AGENCIES IN THE
UNITED STATES AS OF JANUARY 1, 1933
This bulletin presents the text of the Federal and State laws rela­
ting to public and private employment agencies in the United States,
including the laws concerning emigrant agents. In addition, a
brief review is given of the principal court decisions. No attempt
has been made to describe the historical background of such legisla­
tion nor has consideration been given to the establishment or opera­
tion of such agencies. This latter phase of the subject has been con­
sidered by the Bureau of Labor Statistics in former publications.1

Public Employment Agencies
Public employment agencies or, as sometimes designated, free
public employment offices, are agencies supported by a public body—
State, county, city, town, or village. Such agencies are primarily
established to bring together employee and employer for the purpose
of furnishing employment to the former and labor or help to the latter.
The first free public employment office in the United States was a
municipal agency established in 18902 at Cleveland, Ohio. Since the
establishment of the first agency the subject has received the attention
of various legislative bodies, until at the present time the majority of
the States have provided for the establishment of public employment
offices. Not all of these offices, however, are functioning units. While
enabling acts have been adopted, some of the States have made no
appropriations for the maintenance of an up-to-date, efficient organ­
ization, and as a result the work of seeking to bring about contacts
between the “ jobless man” and the “ manless job” has been seriously
handicapped. While the growth of public employment agencies in
the United States may be attributed in part to the alleged abuses
which have grown up around private agencies, social utility and eco­
nomic events have played a powerful and important part in the
establishment of public agencies.
As early as 1903, the Supreme Court of Illinois3 declared that when­
ever the public undertakes to conduct an employment office the
services rendered must be without discrimination.
The State of Illinois, by an act of the legislature (acts of 1899,
p. 268), forbade public employment agencies to furnish names of appli­
1 Monthly Labor Review, January 1931, pp. 10-32.
* U. S. Bureau of Labor, Bui. No. 68: Free Public Employment Offices in the United States, Washington,
1907.
»Matthews ». People, 202 HI. 389, 67 N. E. 28.




1

2

EMPLOYMENT AGENCIES IN THE UNITED STATES

cants for work to employers whose workmen were on strike. The
court declared such a law unconstitutional. Two discriminations
were pointed out by the court, one against employers whose employ­
ees were on strike, and the other against workmen seeking employment
who were willing to accept service where workmen had gone out as
strikers. The court said that an unwarrantable distinction was drawn
“ between the workmen who apply for situations to employers where
there is no strike or lockout and workmen who do not so apply and
* * * between employers who may have the misfortune to be
the victim of a strike or lockout and employers who do not have such
misfortune.”
Section 8 of the law under consideration, the court said, did not
“ relate to persons and things as a class or to all employers, bub only
to those who have not been the victims of strikes or lockouts.”
As was said in the case of Gillespie v. People (188 111. 176, 58 N. E.
1007), “ where a statute does this—where it does not relate to persons
or things as a class, but to particular persons or tilings of a class— it
is a special as distinguished from a general law.”
In some States an employment agency must inform an applicant
wherever a strike is in progress, and likewise advertisements for help
must mention the existence of any strike or lockout. Nor is an em­
ployee to be disqualified or prejudiced for refusing to accept a situa­
tion because of a strike or lockout.
Federal Activities
The Federal Government entered the field of public employment
service, it may be said, in 1907. By an act of the Congress of that
year (34 U. S. Stat. L. 898) a division of information in the Bureau of
Immigration and Naturalization (Department of Commerce and
Labor) was established. Section 40 of the act provided that: “ It
shall be the duty of said division to promote a beneficial distribution
of aliens admitted into the United States among the several States and
Territories desiring immigration.”
In 1913, when the Department of Labor was created as a separate
executive department,4 the division of information of the Bureau of
Immigration was transferred to it. The scope of the work was
enlarged to correspond with the broad powers of the Department of
Labor, as stated in the organic act: “ The purpose of the Department of
Labor shall be to foster, promote, and develop the welfare of the wage
earners of the United States, to improve their working conditions, and
to advance their opportunities for profitable employment.”
The Federal Labor Service was organized in 1915, and was engaged
mostly in the distribution of farm labor. The service was expanded
during the World War, but its activities were reduced during the years
immediately following. Except for the farm labor division, the
principal function of the Service consisted of cooperation with the
State and municipal employment agencies.
A cooperative national employment system law was passed by both
the House and Senate of the Seventy-first Congress (1931), only to
meet a presidential veto. In the appropriation act for the Department
of Labor (46 U. S. Stat. L. 1575) it was provided that if the act was
passed by the Senate and House and did not become a law, an appro« 87 U. S. Stat. L. 78a.




PKIVATE EMPLOYMENT AGENCIES

3

priation of $500,000 for the Employment Service would be immedi­
ately available. As a result of the appropriation an enlarged Federal
Employment Service was established at once with offices in every
State of the Union.

Private Employment Agencies
In general, private employment agencies include any business that
offers, promises, attempts, or aids in procuring, directly or indirectly,
help or employment for another for any fee or remuneration paid or
received for such service.
At the present time in the United States there are approximately 40
States which have enacted legislation directly or indirectly regulating
the operation of private employment offices. In most of the States
provisions are made for the licensing and bonding of such agencies.
In addition to the private employment agencies conducted for profit,
there are also agencies established by various philanthropic organi­
zations, trade-unions, and associations of employers. Agencies cre­
ated for the placement of professional workers such as teachers, nurses,
etc., are also numerous.
In the State of Idaho the maintenance of private employment
offices for profit is forbidden. Exceptions are made, however, in the
case of nonprofit employment offices conducted by religious, benevo­
lent, or charitable societies, and those furnishing professional employ­
ments.
One of the reasons given for the establishment of public employment
agencies is the alleged abuses practiced by many of the private agen­
cies. Some of the more common of the fraudulent methods were enu­
merated by the United States Bureau of Labor in 1912 5 as follows:
1. Charging a fee and failing to make any effort to find work for the applicant,
2. Sending applicants where no work exists.
3. Sending applicants to distant points where no work or where unsatisfactory
work exists, but whence the applicant will not return on account of the expense
involved.
4. Collusion between the agent and employer, whereby the applicant is given
a few days' work and then discharged to make way for new workmen, the agent
and employer dividing the fee.
5. Charging exorbitant fees, or giving jobs to such applicants as contribute
extra fees, presents, etc.
6. Inducing workers, particularly girls, who have been placed, to leave, pay
another fee, and get a “ better job.”

In addition to the abuses alleged, the charge of inadequacy has also
been lodged against the private employment agencies.6
The Legislature of Minnesota in 1885 enacted a law which sought
to correct alleged abuses by the specific prohibition of such agencies,
and about the same time the State of New York did likewise. None
of these provisions were effective, however, since the law failed to
provide for a proper and adequate administration.
The legality of the restrictive legislation of private employment
agencies has been before the courts in several instances. An act
(acts of 1903, ch. 11) of the California Legislature contained a pro­
vision limiting the fee to be charged by a private employment agency.
The California court held that such a provision was unconstitutional
8 U. S. Bureau of Labor Bui. No. 109: Statistics of Unemployment and the Work of Employment
Offices, Washington, 1913. p. 36.
6 See report of Commission on Industrial Relations, S. Doc. No. 415.64th Cong.. 1st sess.. Vol. I, pp. 109111; Vol. II, pp. 1166-1440.




4

EMPLOYMENT AGENCIES IN THE UNITED STATES

since it infringed the liberty of contract. (Ex parte Dickey, 144
Calif. 234, 77 Pac. 924.)
The Legislature of Michigan in 1913 (Public Act No. 301) enacted
a law which imposed a license fee on the operation of employment
agencies, and prohibited an agent from sending an applicant to an
employer who had not applied for labor. The Supreme Court of
Michigan, in the case of People v. Brazee (183 Mich. 259, 149 N. W.
1053), held that the business of conducting an employment agency
was one properly subject to police regulation and control. An appeal
later to the United States Supreme Court7 resulted in an affirmation
of the decision of the State court.
In the opinion by Mr. Justice McReynolds it was held that a
State, in the exercise of its police power, “ may require licenses for
employment agencies and prescribe reasonable regulations in respect
to them to be enforced according to the legal discretion of a commis­
sioner. The general nature of the business is such that, unless regu­
lated, many persons may be exposed to misfortunes against which the
legislature can properly protect them. ”
Several cases of importance have been decided in the courts con­
cerning employment agency legislation in the State of Washington.
An initiative provision (acts of 1914, No. 8) prohibited the collection
of fees by employment agents from employees seeking work. The
act was construed by the State supreme court without the question
of the constitutionality of the law being challenged. (Huntworth v.
Tanner, 87 Wash. 670, 152 Pac. 523.) In an earlier decision,8 how­
ever, by a United States district court the constitutionality of the
law was passed upon and it was sustained as a valid exercise of the
police power of the State. In 1917, the question of the constitu­
tionality of the law was before the United States Supreme Court.9
In a 5 to 4 decision the law was declared unconstitutional. The court
held that the private employment agency was a useful and legitimate
business, and that while subject to regulation under the police power
of the State, it could not be suppressed without violating the four­
teenth amendment of the United States Constitution. A vigorous
dissent was expressed by Mr. Justice Brandeis, in which Justices
McKenna, Holmes, and Clarke joined, on the ground that “ the law
in question is a valid exercise of the police power of the State directed
against a demonstrated evil.”
The Legislature of Washington, by an act of 1927 (ch. 71), repealed
the law relative to the collection of fees for securing employment, by
virtue of the United States Supreme Court decision.
The question of fixing the fees of private employment agencies by
public authorities was determined by the United States Supreme
Court on May 28, 1928.1 The private employment agency law of
0
New Jersey required every employment agency to “file with the
commissioner of labor for his approval, a schedule of fees proposed to
be charged for any services rendered to employers seeking employees,
and persons seeking employment, and all charges must conform
thereto.” An application for a license was made by one Rupert
Ribnik to carry on an employment agency. The application was
rejected by the commissioner of labor because in his opinion the fees
proposed to be charged were excessive and unreasonable. The appli7 Brazee v. Michigan, 241 U. S. 340.
• Wiseman v. Tanner, 221 Fed. 694,




• Adams p. Tanner, 244 U. S. 590.
Kibnik v, McBride, 277 U, S. 360.

EMIGRANT AGENTS

5

cant appealed to the New Jersey State court, where the law was
sustained, under the due process of law clause.1 Subsequently the
1
New Jersey Court of Errors and Appeals affirmed the lower court.1
2
The case was taken by Ribnik to the United States Supreme Court.
This court, in a 6 to 3 decision, reversed the State court, and held the
fee-fixing provision of New Jersey was unconstitutional. Mr. Justice
Sutherland held that the law was in conflict with the “ due process of
law” clause of the fourteenth amendment to the Federal Constitution.
The decision was based on several cases previously decided by the
United States Supreme Court.1
3
Mr. Justice Sutherland, in his opinion, compared the fixing of fees
of employment agencies akin to the fixing of the price at which
theater tickets should be sold by a ticket broker, and continued: “ It
is not easy to see how, without disregarding that decision, price-fixing
legislation in respect of other brokers of like character can be upheld.”
The court in the course of its opinion reasoned that—
The business of securing employment for those seeking work and employees for
those seeking workers is essentially that of a broker, that is, of an intermediary.
While we do not undertake to say that there may not be a deeper concern on the
part of the public in the business of an employment agency, that business does not
differ in substantial character from the business of a real estate broker, ship broker,
merchandise broker, or ticket broker. * * *
An employment agency is essentially a private business. True, it deals with
the public, but so do the druggist, the butcher, the baker, the grocer, and the
apartment or tenement-house owner and the broker who acts as intermediary be­
tween such owner and his tenants. Of course, anything which substantially inter­
feres with employment is a matter of public concern, but in the same sense that
interference with the procurement of food and housing and fuel are of public con­
cern. The public is deeply interested in all these things. The welfare of its con­
stituent members depends upon them. The interest of the public in the matter
of employment is not different in quality or character from its interest in the other
things enumerated; but in none of them is the interest that “ public interest”
which the law contemplates as the basis for legislative price control. * * *
To urge that extortion, fraud, imposition, discrimination, and the like have
been practiced to some or to a great extent in connection with the business here
under consideration, or that the business is one lending itself peculiarly to such
evils, is simply to restate grounds already fully considered by this court. These
are grounds for regulation but not for price fixing, as we have already definitely
decided.

A dissenting opinion was delivered by Mr. Justice Stone, in which
Mr. Justice Holmes and Mr. Justice Brandeis joined.
As a result of the decisions by the United States Supreme Court in
the employment agency cases, a State may license and regulate them
but can not prohibit the business entirely, nor can the State fix the fees
collected by the agency.
On March 3, 1932, the District Court of the Northern District of
Texas held that a statute which provided for the licensing and regu­
lating of private employment agencies was void, in so far as it limited
the fee charged by the agency. (Karr v. Baldwin, 57 Fed. (2d) 252.)

Emigrant Agents
The regulating, licensing, and restricting of agencies which recruit
labor in one State for employment in another has been the subject of
legislation in a few of the Southern States and also in Hawaii and the
Philippine Islands. The term “ emigrant agent,” as construed in
n Ribnik v. McBride, 133 Atl. 870.
i* Ribnik v. McBride, 137 Atl. 437.
13 Adkins v. Children’s Hospital, 261U. S. 525; Wolff Co. v. Industrial Court, 262 U. S. 522; Tyson & Bros.
v. Banton, 273 U. S. 418




6

EMPLOYMENT AGENCIES IN THE UNITED STATES

most of the State laws, means any person engaged in hiring laborers or
soliciting emigrants in one State to be employed beyond the limits of
the State.
In some of the States the law is embodied in the taxing or revenue
laws, while in others a comprehensive code has been adopted regulating
the activities of such agencies. The constitutionality of some of the
laws has been attacked in the State courts, and they have been declared
unconstitutional.
As early as 1891 the State of North Carolina, by the provisions of
chapter 75, laid a tax of $1,000 on the business of emigrant agents.
The court in that State, in the case of State v. Moore (18 S. E. 342),
declared that since the law prescribed no regulation as to the conduct
of the business nor any police supervision, it was restrictive and pro­
hibitory, and void as an attempted exercise of the police power. The
court also declared that if the law was to be considered as a taxing law,
it was also void for want of uniformity. Ten years prior to the enact­
ment of the North Carolina law, the Legislature of Alabama enacted
a law (acts of 1881-82, p. 162) regulating emigrant agents, the con­
stitutionality of which was tested in the case of Joseph v. Randolph
(71 Ala. 499, 46 Am. Rep. 347).
The Alabama law provided that no one should be allowed to con­
tract with laborers, or to induce them to leave certain counties, where
the intention was to remove them from the State, unless the persons
so contracting had paid a license tax of $250 for each county. The
Alabama court held that this law interfered unwarrantably with the
rights of the employer and the laborer. The act was construed by
the court as a restriction upon the rights and privileges of laborers to
free emigration as citizens of the United States, since it was not a tax
on the occupation of employment or emigrant agents, but upon the
act of hiring even a single employee.
On February 9, 1905, the Supreme Court of Alabama again had
occasion to decide a case (Kendrick v. State, 39 So. 203) involving emi­
grant agents. The court held that an act of 1903 (p. 344) was not in
conflict with the fourteenth amendment of the Constitution of the
United States, and also that the act was not adverse to section 31 of
the constitution of Alabama, providing that “ emigration shall not be
prohibited.” The court answered the objection that the law was in
conflict with the Federal Constitution by citing a case (Williams v.
Fears, 179 U. S. 270) in which the United States Supreme Court, in an
opinion written by Mr. Chief Justice Fuller, upheld a Georgia act and
settled the question in favor of the constitutionality of the law requir­
ing a license tax on emigrant agents.
The license tax required in the Alabama law, the supreme court of
the State said, if sustained at all must be under the general power to
tax occupations. The court stated the principle as follows:
We understand the principle to be that the State can divide the various busi­
ness vocations into classes for the purpose of levying occupation taxes, and levy
varying amounts on the different occupations; the limitation being (1) that there
must be uniformity among members of the same class, and the classification must
be reasonable; (2) the State can not levy such an occupation tax on any useful or
harmless occupation as will amount to a prohibition of same. And when we say
harmless occupation we do not mean to prescribe an occupation because one man,
in a lawful pursuit of it, may draw away business from another or outrun him in
the race for patronage or trade, but harmless in the sense of not being demoraliz­
ing in its tendency, injurious to the health of the people, promotive of disorder,
or interfering with the rights of other citizens to be protected in their constitu­
tional privileges.



EMIGRANT AGENTS

7

To further discourage the growth and extension of emigrant agents
the Legislature of Alabama in 1923 passed a most drastic law, which
fixed the license fee at $5,000 per annum for the use of the State, and
such additional sufti (not exceeding 50 per cent) as might be levied by
the county. Such license must be paid in each county in which the
labor agent engages in business.
The Mississippi emigrant agent law (acts of 1912, ch. 94) was before
the courts of that State in 1918. In the case of Garbutt v. State (77
So. 189), the Supreme Court of Mississippi held that the requiring of
a license fee of $500 was not a burden nor a tax on commerce between
the States. The court cited the cases of Williams v. Fears (179 U. S.
270), State v. Napier (41 S. E. 13), and State v. Hunt (40 S. E. 216).
The tax imposed on an emigrant agent in Mississippi, the court
pointed out, did not undertake to tax one who solicits or hires work­
men for his own use or employment, but was laid upon the person
doing a regular business as an emigrant or employment agent. In
upholding the tax the Mississippi court said:
In view of the activity of labor agents in Mississippi within the past few years,
and the free emigration of laborers to other States, especially the heavy transpor­
tation of colored laborers to the Northern States—amounting the past year to a
veritable “ exodus” —we are not prepared to declare the tax prohibitory. The
amount of the tax is primarily a legislative question.

The Legislature of Texas at the first called session in May, 1929,
passed an emigrant agency law. A large employer of emigrant labor
applied to the Federal District Court of Northern Texas for an injunc­
tion to restrain the enforcement of the act. The injunction was issued
and the court held that the tax imposed on emigrant agents was ex­
cessive. To meet the objection of the court, the legislature immedi­
ately enacted new legislation by reducing the amount of the occupa­
tion tax, and thereby fixed the fee at $1,000 for the State, with a
graduated county tax (based on population) to be paid in every county
in which the emigrant agent operated. After the enactment of the
second emigrant agency law, the same company that had objected to
the first act again sought to enjoin the enforcement of its provisions.
In the case of Hanley v. Moody et al. (39 Fed. (2d) 198), the United
States District Court for the Northern District of Texas, Dallas Divi­
sion, held that section 4 of chapter 96, acts of 1929 (second called
session), was unconstitutional. Section 4 of the act related to the
bond ($5,000) required of all emigrant agents for the return of labor­
ers to the State. The court held that this requirement was a viola­
tion of both the State and Federal Constitutions and therefore en­
joined enforcement of the section by a restraining order. As to the
occupation taxes required, the court held that they were not an illegal
and oppressive exercise of the sovereign power of the State of Texas.




TEXT OF THE LAWS
Public Employment Agencies
ARIZONA

REVISED CODE OF 1928
C hapter 24.— Employer and employee
Section 1397. General powers of industrial commission.—The commission
shall have full power, jurisdiction, and authority: * * *
To establish and conduct free employment agencies and license and supervise
the work of private employment offices, and to bring together employers seeking
employees and working people seeking employment and to make known the oppor­
tunities for employment in the State; to collect, collate and publish all statistical
and other information relating to employees, employers, employments, and places
of employment, with such other statistics as it deems proper; * * *.
C hapter 70.—State institutions
Sec . 2931. Maintenance of offices.—The board [State board of control] shall
establish and maintain free employment offices in the State, to be conducted in
cooperation with and under the established rules and regulations of the Depart­
ment of Labor of the United States.
ARKANSAS

1927 SUPPLEMENT, CRAWFORD AND MOSES’ DIGEST
C hapter 105.— Labor and statistics— Employment agency
Section 6548d. Free employment offices.— The commissioner of labor shall
maintain, in connection with the bureau of labor and statistics, a free employ­
ment bureau, to be known as the “ State Free Employment Service,” for the pur­
pose of receiving and filing applications of persons seeking employment and of
persons or firms seeking to employ labor. The commissioner is also authorized
to establish and maintain branch offices in sections of the State, where the con­
venience of the greatest number of people may be served. There shall be no
fee or compensation charged or received, directly or indirectly, from persons
applying for employment or from those desiring to employ labor through said
bureau.
The managers of the State free employment offices shall cause to be received
and recorded the names of all persons applying for employment, as well as the
address of all persons, firms or corporations applying to employ labor, desig­
nating the name and address of each applicant [and] the character of employ­
ment desired or offered. Such managers shall also perform such other duties
pertaining to the work of the State free employment bureau or the bureau of
labor and statistics as the commissioner may require, and shall report to the
commissioner of labor, as directed by him.
The commissioner of labor is hereby authorized and empowered to cooperate
with the Federal Government in the establishment and maintenance within the
State of employment bureaus for the purpose of bringing together the man and
the job. Said commissioner is also authorized and empowered to cooperate in
a similar way and for the same purpose with municipalities, associations, soci­
eties, or individuals. Such cooperative employment bureaus, when established,
shall be under the supervision of the commissioner of labor, and the cost and
expense of establishing and of carrying on any such bureau shall be borne by the
cooperating parties, upon an equitable basis to be agreed upon between them.
It shall be the duty of the commissioner of labor to communicate with manu­
facturers, merchants and other employers of labor in the State and to use all
diligence in securing the cooperation of employment bureaus. To this end it
8




PUBLIC EMPLOYMENT AGENCIES

9

shall be competent for such offices to advertise, under the direction of the com­
missioner of labor, in newspapers, or other mediums, for such situations as they
have applications to fill, and they may advertise in a general way for the coopera­
tion of contractors and employers in such trade or special publication as reach
such employers.
[For other sections relating to employment agencies (public and private) see
p. 48.]
CALIFORNIA

ACTS OF 1915
C hapter 302.—Free public employment offices
Section 1. Establishment.— The commissioner of the bureau of labor statis­
tics, hereinafter called “ commissioner,” shall establish free employment bureaus
in the cities of San Francisco, Los Angeles, Oakland and Sacramento, and there­
after, whenever he deems it necessary, in other cities and towns.
Sec. 2. Offices; rules, etc.— The commissioner shall procure, by lease or other­
wise, suitable offices; incur the necessary expenses in the conduct thereof; ap­
point the necessary officers, assistants and clerks, and fix the compensation
therefor; and promulgate rules and regulations for the conduct of free employ­
ment bureaus in order to carry out the purposes of this act.
Sec . 3. Appropriation.— There is hereby appropriated out of the moneys of the
State treasury, not otherwise appropriated, the sum of $50,000, to be used by the
commissioner in carrying out the provisions of this act, and the controller is here­
by directed from time to time to draw his warrants on the general fund in favor
of the commissioner, for the amounts expended under his direction, and the
treasurer is hereby authorized and directed to pay the same.
COLORADO

COMPILED LAWS, 1921
C hapter 77.—Employment agencies
I. C olorado F ree E mployment A gencies
Section 4284. Agencies designated.— Free employment offices are hereby created

as follows: One in each city of not less than 25,000 and two in each city containing
a population of 200,000 or over and one in the city of Grand Junction, in Mesa
County, for the purpose of receiving applications of persons seeking employment,
and applications of persons seeking to employ labor. Such offices shall be desig­
nated and known as Colorado free employment offices.
Sec. 4285. Superintendents.— Within 60 days after this act shall have been in
force, the secretary of state as commissioner of labor ex officio shall appoint a
superintendent and assistant superintendent who shall act as clerk for each of the
offices created by section 1 [4284] of this act, who shall devote their entire time to
the duties of their respective offices. The tenure of such appointment shall be
two years, unless sooner removed for cause. The salary of each superintendent
shall be $1,200 per annum; the salary of each assistant superintendent shall be
$1,200 per annum, together with the proper amounts for defraying the necessary
cost of equipping and maintaining the respective offices.
Sec . 4286. Offices.— The superintendent of each such free employment office
shall, within 60 days after appointment, open an office in such locality as shall
have been agreed upon between such superintendent and deputy commissioner of
the bureau of labor statistics as being most appropriate for the purpose intended,
such office to be provided with a sufficient number of rooms and apartments to
enable him to provide, and he shall so provide, a separate room or apartment for
the use of women registering for situations or help. Upon the outside of each office
in position and manner to secure the fullest public attention shall be placed a sign
which shall read in the English language,“ Colorado Free Employment Office,” and
the same shall appear either upon the outside windows or upon signs in such other
language as the location of each such office shall render advisable. The superin­
tendent of each such free employment office shall receive and record in books kept
for that purpose names of all persons applying for employment or help, designat­
ing opposite the names and addresses of each applicant the character of employ-




10

T E X T OF THE LAWS

ment or help desired. Separate registers for applicants for employment shall be
kept showing the age, sex, nativity, trade or occupation of each applicant, the
cause and duration of nonemployment, whether married or single, the number of
dependent children, together with such other facts as may be required by the bu­
reau of labor statistics to be used by said bureau;
Provided, That no special registers shall be open to public inspection at any
time, and that statistics and sociological data as the bureau of labor shall require
shall be held in confidence by said bureau, and so published as not to reveal the
identity of anyone.
And, provided, further, That any applicant who shall decline to furnish answers
to the questions contained in special registers shall not thereby forfeit any rights
to any employment the office might secure.
Sec. 4287. Weekly reports.— Each superintendent shall report on Thursday of
each week to the deputy commissioner of the said bureau of labor statistics the
number of applications for positions and for help received during the preceding
week and the number of positions secured; also those unfilled applications
remaining on the books at the beginning of the week. It shall also show the num­
ber and character of the positions secured during the preceding week. Upon
receipt of these lists and not later than Saturday of each week the deputy commis­
sioner of said bureau of labor statistics shall cause to be printed a sheet showing
separately and in combination, the lists received from all such free employment
offices.
Sec. 4288. Advertising, etc.—It shall be the duty of each such superintendent
of a free employment office to immediately put himself in communication with
the principal manufacturers, merchants, and other employers of labor, and to use
all diligence in securing the cooperation of the said employers of labor for the pur­
poses and objects of said employment offices. To this end it shall be competent
for such superintendents to advertise in the columns of newspapers or other
medium for such situations as he has applicants to fill, and he may advertise in a
general way for the cooperation of large contractors and employers in such trade
journals or special publications as reach such employers, whether such trade or
special journals are published within the State of Colorado or not.
Sec. 4289. Annual reports.— It shall be the duty of each such superintendent to
make report to the said bureau of labor statistics annually, not later than Decem­
ber 1 of each year, concerning the work of his office for the year, together with a
statement of the expense of the same, including the charges of an interpreter
when necessary, and such report shall be published by the said bureau of labor
statistics with its biennial report. Each such superintendent shall also perform
such other duties in the collection of statistics of labor as the deputy commissioner
of the bureau of labor statistics may require.
Sec. 4290. No fees to be charged.— No fee or compensation shall be charged or
received, directly or indirectly, from persons applying for employment or help
through said free employment offices and any superintendent, assistant superin­
tendent or clerk, who shall accept, directly or indirectly, any fee or compensation
from any applicant, or from his or her representative, shall be deemed guilty of a
misdemeanor and upon conviction shall be fined not less than $25 nor more than
$50, or imprisonment in the county jail not more than 30 days, or by both such
fine and imprisonment at the discretion of the court.
Sec. 4291. Definitions.— The term “ applicant for employment,” as used in
this act, shall be construed to mean any person seeking work of any lawful char­
acter, and “ applicant for help” shall mean any person or persons seeking help in
any legitimate enterprise; and nothing in this act shall be construed to limit the
meaning of the term “ work” to manual occupation, but it shall include profes­
sional services and all other legitimate services.
Sec. 4292. Receipts.— All money or moneys received from fees and fines by the
said deputy commissioner of labor shall constitute a fund for the purpose of enforc­
ing the provisions of this act, and the said commissioner shall, at the end of each
fiscal year, make an account of said fund and pay into the State treasury whatever
balance shall remain after paying the necessary disbursements for the purpose of
enforcing the provisions of this act.
Sec. 4293. Maintenance.— All printing, blanks, blank books, stationery, post­
age, and such other supplies as may be necessary for the proper conduct of the
business of the offices herein created, shall be furnished by the secretary of state
upon requisition for the same by the superintendents of the several offices.
Sec. 4294. Same.— All expenses attendant upon the conducting of the several

offices herein named shall be paid by this State: Provided, Such expense shall not
exceed the sum of $2,000 in any one year; and the State auditor is hereby author­
ized to draw his warrant on the State treasurer for the same.



PUBLIC EMPLOYMENT AGENCIES

11

CONNECTICUT
GENERAL STATUTES, 1930
C hapter 130.— Employment bureaus
Section 2342. Status; organization.— The public employment bureaus In New
Haven, Hartford, Bridgeport, Norwich, and Waterbury shall remain as estab­
lished. No compensation or fee shall be charged or received, directly or indirectly,
from persons applying for employment or help through any such bureau. The
commissioner of labor and factory inspection shall appoint for each bureau, and
may remove for good and sufficient cause, a superintendent for the proper admin­
istration of its affairs. Such public employment bureaus shall be a department
of the bureau of labor statistics.
The commissioner may establish and conduct branch public employment
bureaus under the direction and control of the five established bureaus. Such
branches may be established and conducted in any city within the State and
shall be managed by the nearest bureau: Provided, In no case shall such a
branch be established unless it can be conducted by the bureau taking charge
thereof within the appropriation made for such bureau.

DELAWARE
ACTS OF 1929
C hapter 108.—Employment bureau
Section 1. Employment bureau created.— That the Governor of the State of
Delaware be and he is hereby authorized to appoint an employment bureau con­
sisting of three persons whose duties it shall be to cooperate with the United States
Employment Service and with the city of Wilmington for the purpose of relieving
unemployment in the State of Delaware; and investigating and securing facts
relating to employment and unemployment in general. The said employment
bureau is hereby authorized to employ such assistants as it may deem necessary
to carry out the provisions of this act.
Sec. 2. Appropriation.— There shall be appropriated out of the treasury of the
State of Delaware, from funds not otherwise appropriated, the sum of $2,500 per
year to provide for the maintenance and expenses of the employment bureau as
aforesaid, said money to be disbursed as needed by the State treasurer upon war­
rants signed by the chairman and secretary of said bureau. Any part of the
$2,500 appropriated annually which is not used as above provided for shall be
returned to the general fund of the State treasury.
Sec. 3. Contingency.— The moneys herein appropriated shall be available im­
mediately upon the passage of this act: Provided, however, That a like sum or sums
of money shall be set aside, appropriated and expended, by the city of Wilmington
for a like purpose.
Sec . 4. Reports.— An annual report of the expenditures and activities of the
said bureau shall be made to the governor on or before the first day of July in each
year.
DISTRICT OF COLUMBIA

[See United States, 46 U. S. Stat. 1354 (post, p. 43).]
GEORGIA
ACTS OF 1911
Department of commerce and labor
(Page 133)

Section 2 (as amended 1913, p. 82; 1917, p. 88; 1920, p. 118). Duty of commis­
* * * The department of commerce and labor is also charged with
the following duties:

sioner.—

Par. A. Free employment offices.— As soon as practicable after the passage of
this act, the commissioner shall organize a division of labor or free employment




12

TE X T OP THE LAWS

bureau, having for its purpose the listing of the names of all persons desiring em­
ployment in this State and the endeavor to secure employment for such persons,
and the listing of the names of such persons, firms or corporations applying for la­
bor and the endeavor to supply the demand. In conducting the division of labor
the commissioner of labor is herewith authorized and empowered to assist and act
in concert with any person or persons, county organization, municipal or govern­
ment agency, having for its purpose the distribution of labor in this State, and [not]
conducted for profit, and to cooperate with similar exchanges in other States and
with the United States Employment Service, and in every other way the commis­
sioner is charged with the duty of endeavoring to be of assistance to both employer
and employee, and of working in harmony with others having a like end in view,
and for which no remuneration is received. For securing employment for those
who wish employment and for securing labor for those who need help there shall
be no charge whatever made or accepted, directly or indirectly, by any person con­
nected with the department of commerce and labor. All officials of the State and
the various counties of the State are herewith charged with the duty of lending
such aid and assistance as may be called for by the commissioner: Provided, Said
commissioner may inquire into the cause of strikes and lockouts, and other disa­
greements between employers and employees; and, whenever practicable, offer his
good offices to the contending parties with a view of bringing about friendly and
satisfactory adjustment thereof.
IDAHO

CODE OF 1932
T itle 43
C hapter 2.— Public employment offices
Section 43-201. Private agencies for profit abolished; exception.— The further
maintenance of private employment offices within the State of Idaho is hereby
forbidden: Provided, That nothing in this chapter shall operate to prevent the
maintenance of employment offices by religious, benevolent, or charitable socie­
ties whenever the same are not conducted for profit: Provided, further, That
nothing in this chapter shall prevent the operation of agencies for school teachers
or other professional employment, or the maintenance of private employment
agencies where no compensation for procuring the employment is exacted from
the person for whom the employment is procured.
Sec. 43-202. Duty of municipalities.— The duty of maintaining suitable em­
ployment offices in the various municipalities of this State is hereby declared to be
a function of government, and such offices shall be established and conducted
under the municipalities of this State as in this chapter provided.
Sec . 43-203. What cities, etc., to have offices.— In all cities and villages of this
State having a population of 5,000 or more there shall be established by the

authorities thereof a suitable employment agency whereat all persons desiring
employment may register their names, the kind of employment desired, and the
wages demanded, and at which any person desiring to employ labor of any class
may register his name, the kind of labor desired, and the wages which he is willing
to pay therefor: Provided, That membership in or affiliation with any religious,
political, benevolent, charitable, labor, or any other organization shall never be
allowed to influence or control the securing of employment or services at any
municipal employment agency, and no employment clerk or other person con­
nected with a municipal employment agency shall ever ask any applicant for
employment or services any questions relating to his membership in or affiliations
with any religious, political, benevolent, charitable, labor, or other organization,
or to his political views on any matters whatever. In such cities the employment
office shall be located, where practicable, in the city hall, and where such munici­
pality is a county seat such employment office shall be located, when considered
favorable by the municipal authorities, in the county courthouse or in the building
used as such.
Sec. 43-204. Smaller cities, etc.— In cities and villages having a population
smaller than 5,000 it shall be the duty of the municipal authorities to establish a
separate employment office when conditions in any such municipality seem to
warrant the same, but if no such separate employment office is established it shall
be the duty of the municipal authorities to provide for the establishment of such
an office in the office of the police judge, or if there be no such official then in the
office of a justice of the peace.




PUBLIC EMPLOYMENT AGENCIES

13

Sec. 43-205. Equipment.— It shall be the duty of any city or village in which a
municipal employment agency is established, as provided in this chapter, to suit­
ably equip such office with the necessary furniture, books, blanks, and stationery
for the proper conduct of the business pertaining to such office.
Sec. 43-206. Fees.— A fee of $1 shall be charged by any municipal employment
office for each position secured for any applicant without the limits of the munici­
pality in which such employment office is situated, and a fee of 50 cents shall be
charged for each position secured for any applicant within the limits of the munici­
pality in which such agency is situated.
Sec. 43-207. Clerks, etc.— It shall be the duty of the governing authorities of
any city or village to determine the number of clerks which it is necessary to
employ for the proper conduct of the business of its municipal employment office,
but the number of said clerks shall never be greater than is necessary for the
proper discharge of the duties of such office. Where separate employment offices
are maintained, as in this chapter provided, the compensation of chief clerk of any
such office shall not exceed the sum of $125 per month, nor shall the salary of any
assistant clerk exceed the sum of $100 per month. When the employment office
in any municipality is established in the office of a police judge or justice of the
peace such police judge or justice of the peace shall be entitled to half of the
amount of all fees collected by him in each and every month: Provided, That the
compensation of a police judge or a justice of the peace in charge of a municipal
employment office shall never exceed the sum of $125 per month. All fees col­
lected by any clerk other than a police judge or justice of the peace and one-half of
all fees collected by any police judge or justice of the peace in charge of a municipal
employment office shall be deposited with the city or village treasurer to the credit
of the general fund of such city or village on the last day of each and every month.
Sec. 43-208. Appointment.— All clerks in any municipal employment office
shall be appointed by the mayor or acting mayor of such city or village, and such
clerks shall hold office during their good behavior. They may be removed by the
mayor for incompetency or neglect, but shall never be removed for political or
personal reasons.
Sec. 43-209. Records.— It shall be the duty of the chief clerk of each municipal
employment office established under tftis chapter to keep a true, accurate, and
complete record of all moneys received or expended in such office, and all positions
secured for applicants at such office, and it shall be the duty of said clerk to file
with the county auditor of the county in which his office is located, on the first
Monday in December of each year a complete record of the business transacted in
his office during the preceding year, and all moneys received and disbursed.
Sec. 43-210. Bonds.— Any municipal employment clerk, other than a police
judge or justice of the peace must give bond in a sum equal to twice the amount
of his annual salary, and any police judge or justice of the peace in charge of a
municipal employment office must give bond in the sum of $1,000 in addition to
any bond which he may be, by law, required to give as such police judge or justice
of the peace.
Sec. 43-211. Violations.— Any violation of the provisions of this chapter, or
the making of any false statement or statements in any report, or the charging of
illegal fees, or the acceptance of any private consideration for securing employ­
ment, shall constitute a misdemeanor which, upon conviction thereof before any
court of competent jurisdiction, shall be punished by a fine of not less than $50 nor
more than $300, or by imprisonment in the county jail for not more than six
months, or by both such fine and imprisonment.

ILLINOIS
SMITH-HURD’S REVISED STATUTES, 1931
C hapter 48.— Employment offices and agencies
Section 173. Number of offices.— The department of labor is authorized to
establish and maintain free employment offices, for the purpose of receiving appli­
cations of persons seeking employment and applications of persons seeking to
employ labor, as follows: One in each city, village, or incorporated town of not
less than 25,000 population; one in two or more contiguous cities, villages, or
incorporated towns having an aggregate or combined population of not less than
25,000; and in each city containing a population of 1,000,000 or over, one central
office with as many departments as would be practical to handle the various
classes of labor, and such branch offices not to exceed 5 at any one time, the
location of branch offices to be approved by the governor. Such offices shall be
designated and known as Illinois free employment offices.
161109°—33------2



14

TEX T OP THE LAWS

Sec. 174. General advisory board.— There shall be established in connection
with the Illinois free employment offices a general advisory board to consist of five
members to be appointed by the governor, by and with the advice and consent of
the senate, of whom two shall be representatives of employers, two shall be repre­
sentatives of organized labor, and these four appointees shall be authorized to
submit to the governor a list of persons acceptable to them from among whom he
may select the fifth member. Said members shall hold their offices for a term of
five years, except that, of the members first appointed, one shall hold office for the
term of one year, one for the term of two years, one for the term of three years, one
for the term of four years, one for the term of five years, and all appointments
thereafter shall be made for terms of five years. Said members of the board of
managers shall serve without compensation, but each shall be allowed, for actual
traveling expenses and other necessary expenses incident to their duties, not to
exceed $200 per year, itemized accounts for which shall be submitted to and ap­
proved by the auditor of public accounts before payment. A majority of their
number shall constitute a quorum for the transaction of official business. They
shall keep a record of their proceedings. Said general advisory board shall advise
and cooperate with the secretary of the bureau of labor statistics and with the
general superintendent in Chicago in promoting the efficiency of the said Illinois
free employment offices and in the investigation of the extent and causes of unem­
ployment and the remedies therefor and devise and adopt the most effectual
means within their power to provide employment and to prevent distress and
involuntary idleness, and for that purpose they shall have power to cooperate
with similar bureaus and commissions of other States, with the Federal Employ­
ment Office in the Department of Labor and with such municipal employment
bureaus and exchanges as are now in operation or may hereafter be created.1
Sec. 175. Local advisory boards.— The said general advisory board in coopera­
tion with the said secretary of the bureau of labor statistics, shall organize in con­
nection with each office and branch office, a local advisory board of not more than
five members, one of whom shall represent the general public and the others in
equal numbers shall represent employers and organized labor, these four to elect
the fifth member of the board. The members of said local advisory boards shall
serve without compensation and their functions shall be determined by rules of
said general advisory board in cooperation with the said secretary of the bureau
of labor statistics.
Sec . 176. Duties of general board.—The said general advisory board in coopera­

tion with the secretary of the bureau of labor statistics and the local advisory
boards shall place themselves in communication with large employers of labor,
including municipal and other public authorities, and attempt to bring about such
cooperation and coordination between them by the dovetailing of industries, by
long-time contracts, or otherwise, as will most effectually distribute and utilize
the available supply of labor and keep it employed with the, greatest possible con­
stancy and regularity. They shall devise plans of operation with this object in
view and shall seek to induce the organization of concerted movements in this
direction. They shall also endeavor to enlist the aid of the Federal Government
in extending these movements beyond the State.
Sec . 177. Employment of discharged convicts.— It shall be the duty of the depart­
ment of labor to obtain from the department of public welfare 90 days before the
discharge of any convict from either penitentiary or the discharge of a prisoner
from the reformatory, the name, occupation, and such other information as may
be of aid in obtaining employment for such discharged convict or prisoner.

The department of labor, through the several free employment offices, shall seek
to provide proper employment for discharged convicts or prisoners, so that such
employment may be available at the time of such discharge, and shall assist such
discharged prisoners to retain suitable employment for such reasonable time as
will afford such prisoners an opportunity to become self-reliant, to the end that
every man shall be encouraged in his effort to go straight* In no instance shall
there be any misrepresentation as to the records of persons for whom emploj^ment
is sought, under the provisions of this section.
The department of labor through the several free employment offices shall also
cooperate with the department of public welfare to secure suitable employment
for paroled convicts or prisoners and to help them retain such employment during
the period of their parole and for such reasonable time thereafter as shall afford
such convicts or prisoners an opportunity to become self-reliant.
* Advisory board and offices are abolished and duties transferred to the department of labor. (SmithHurd Revised Statutes, ch. 127, secs. 35,43.)




PUBLIC EMPLOYMENT AGENCIES

15

Sec. 178. [This section contains the method of appointment and salaries of
employment officers.]
Sec. 179. Officers; register.— The general superintendent of the central office in
each city containing a population of 1,000,000 or over, and the superintendent of
each free employment office in each city containing a population of less than
1,000,000, shall, within 60 days after appointment, open an office in such locality
as shall have been agreed upon between such general superintendent or superin­
tendent and the secretary of the bureau of labor statistics as being most approriate for the purpose intended; such office to be provided with a sufficient numer of rooms and apartments to enable him to provide and he shall so provide, a
separate room or apartment for the use of women registering for situations or help.
Upon the outside of each such office, in position and manner to secure the fullest
public attention, shall be placed a sign which shall read in the English language,
Illinois Free Employment Office,” and the same shall appear either upon the out­
side windows or upon signs in such other languages as the location of each such
office shall render advisable. The general superintendent or superintendent of
such free employment office shall receive and register the names of all persons
applying for employment or help, designating opposite the names and addresses
of each applicant the character of employment or help desired upon blank forms
furnished by the bureau of labor statistics, together with such other facts as may
be required by the bureau of labor statistics to be used by said bureau: Provided,
That no record shall be open to public inspection at any time, and that such sta­
tistical and sociological data as the bureau of labor may require shall be held in
confidence by said bureau, and so published as not to reveal the identity of anyone;
and provided further, That any applicant who shall decline to furnish answers as
to the questions contained in application blanks shall not thereby forfeit any rights
to any employment the office might secure.
Sec. 180. Reports.— Each general superintendent or superintendent shall make

E

to the secretary of the bureau of labor statistics such reports of application for
labor or employment and other details of the work of each office and the expenses
of maintaining the same, and shall perform such other duties in the collection of
statistics of labor as the secretary of the bureau of labor statistics may require.
Sec. 181. Annual report.— The secretary of the bureau of labor statistics shall
cause to be published an annual report concerning the work of the various offices
for the year ending September 30 together with a statement of the expenses of
same.
Sec. 182. Methods; strikes, etc.— It shall be the duty of each such superintend­

ent and general superintendent of a free employment office to immediately put
himself in communication with the principal manufacturers, merchants, and other
employers of labor, and to use all diligence in securing the cooperation of said em­
ployers of labor, with the purposes and objects of said employment offices. To
this end it shall be competent for such superintendents and general superintend­
ents to advertise in the columns of newspapers, or other mediums, for such situa­
tions as he has applicants to fill, and he may advertise in a general way for the
cooperation of large contractors and employers in such trade journals or special
publications as reach such employers, whether such trade or special journals are
published within the State of Illinois or not.
Full information shall be given to applicants regarding the existence of any
strike or lockout in the establishment of any employer seeking workers througn
the Illinois free employment offices.
Sec . 183. Fees forbidden.— No fee or compensation shall be charged or received,
directly or indirectly, from persons applying for employment or help through said
free employment offices, and any superintendent, general superintendent, depart­
ment superintendent, assistant department superintendent, assistant superintend­
ent, or clerk who shall accept, directly or indirectly, any fee or compensation from
any applicant or from his or her representative shall be deemed guilty of a misde­
meanor, and upon conviction shall be fined not less than $25 nor more than $50
and imprisoned in the county jail not more than 30 days.
Sec. 184. Definitions.— The term “ applicant for employment” as used in this
act shall be construed to mean any person seeking work of any lawful character,
and “ applicant for help” shall mean any person or persons seeking help in any
legitimate enterprise; and nothing in this act shall be construed to limit the mean­
ing of the term work to manual occupation, but it shall include professional service
and all other legitimate service.
Sec. 185. Disposition of fees, etc.— All money or moneys received from fees and
fines shall be held by the said commissioners of labor, and shall constitute a fund
for the purpose of enforcing the provisions of this act: the secretary of the com­
missioners of labor shall act as custodian of the fee and fine fund and shall execute a



16

T E X T OP THE LAWS

bond to the people of the State of Illinois with good and sufficient securities, in a
sum to be fixed by the commissioners of labor conditioned upon the faithful per­
formance of his duties. The bond shall be approved by the governor and then
filed with the secretary of state. All expenditures from the fee fund or any other
fund under the control of the commissioners of labor shall be paid on itemized
vouchers certified to by the president of the commissioners of labor and approved
by the Governor of the State of Illinois, and the said commissioners shall, at the
end of each fiscal year make an account of said fund and pay into the State
treasury whatever balance shall remain after paying the necessary disbursements
for the purpose of enforcing the provisions of this act.
Sec. 186. [This section merely pertains to the furnishing and printing of blanks,
etc., by State board of control.]
INDIANA

BURNS’ ANNOTATED STATUTES, 1926
C hapter 72, A rticle 4.— Employment commission
Section 9374. Free employment offices.— It shall be the duty of the employment
commission, and it shall have power, jurisdiction, and authority:
(o)
To establish and conduct free employment offices in the State where in the
opinion of the commission such action may be deemed advisable and expedient to
public welfare; to do all in its power within the limitations of this act to bring to­
gether employers seeking employees and applicants for employment seeking em­
ployers; to make known the opportunities for self-employment in the State; to
devise and adopt the most efficient means within its power to avoid unemploy­
ment; to provide employment and to prevent distress from involuntary idleness,
and to extend vocational guidance to minors seeking employment.
(b) To establish and maintain such sections of the employment service as will
best serve the public welfare and which shall include—
1. Men’s section.
2. Woman’s section.
3. Farm labor section.
4. Soldiers’ and sailors’ section, whose duties shall include complete cooperation
with the Federal Board for Vocational Education, division for rehabilitation of
crippled soldiers and sailors in endeavoring to secure suitable employment and fair
treatment of the veterans of the World War.
5. Junior section, whose duties and authority shall include: Jurisdiction over all
matters contemplated in this act pertaining to securing employment for all minors
who avail themselves of the free employment service; so to conduct its affairs that
at all times it shall be in harmony with laws relating to child labor and compulsory
education; to aid in inducing minors over sixteen, who can not or do not for various
reasons attend day school, to undertake promising skilled employment; to aid in
influencing minors who do not come within the purview of compulsory education
laws and who do not attend day school to avail themselves of continuation or
special courses in existing night schools, vocational schools, part-time schools,
trade schools, business schools, vestibule schools, library schools, university
extension courses, etc., so as to become more skilled in such occupations or voca­
tions to which they are respectively inclined or adapted; to aid in securing
vacational employment on farms for town and city boys who are interested in
agricultural work and particularly town and city high school boys who include
agriculture as an elective study; to cooperate with various social agencies, schools,
etc., in group organization of employed minors, particularly those of foreign par­
entage, in order to promote the development of real, practical Americanism in a
broader knowledge of the duties of citizenship; to investigate methods of voca­
tional rehabilitation of boys and girls who are maimed or crippled, and to provide
ways and means, subject to the approval of the commission, for minimizing such
handicap.
(c) To advertise in the columns of the newspapers or other media, for such
situations as it has applicants to fill, and to advertise in a general way for the
cooperation of large contractors and employers in such trade journals or special
publications as reach such employers, whether such trade or special journals are
published within the State of Indiana or not; to collect, collate, and publish statis­
tical and other information relating to the work under its jurisdiction; to investi­
gate economic developments and the extent and causes of unemployment and
remedies therefor within and without the State, with the view of preparing for the
information of the general assembly such facts as in its opinion may make further
legislation desirable.




PUBLIC EMPLOYMENT AGENCIES

17

(d) To enter an agreement with the governing authorities of any municipality,
county, township, or school corporation in the State for such period of time as may
be deemed desirable for the purpose of establishing and maintaining local free
employment offices, and for the extension of vocational guidance to minors.
(e) By and with the advice of the governor to enter into any such cooperative
agreement as may be deemed desirable by the commission with the United States
Employment Service or such bureau of United States Department of Labor as the
Secretary thereof may hereafter designate, or other Federal agency as Congress
may hereafter authorize, for the purpose of securing financial aid from the United
States Government for the establishment and maintenance of free public employ­
ment service and the extension of vocational guidance to minors under and by
virtue of any such agreement as aforesaid to pay from any funds appropriated by
the State for the purpose of this act, any part of the whole of the salaries, expenses
of rent, maintenance and equipment of offices, and other expenses necessary to the
maintenance of the joint system provided for by such agreement.
(J) By and with the advice of the governor to enter into reciprocal and coopera­
tive agreements with neighboring States in seeking a solution to such employment
problems, which because of their peculiar nature are not local but extend beyond
the borders of the State.
(g)
To receive, accept, and use in the name of the people of the State or any
community or municipal corporation, as the donor may designate by gift or devise,
any moneys, buildings, or real estate for the purpose of extending vocational
guidance to the minors of the State, and for the purpose of giving assistance to
deserving maimed or crippled boys and girls through vocational rehabilitation.
Sec. 9375. Local authorities.— It shall be lawful for the governing authorities of
any municipality, county, township or school corporation in the State to enter into
cooperative agreement with the employment commission, and to appropriate and
expend the necessary money and to permit the use of public property for the joint
establishment and maintenance of such offices as may be mutually agreed upon,
and for the extension of vocational guidance to minors.
Sec. 9376. Fees forbidden.— It shall be unlawful for any officer, employee, or
agent of the aforesaid employment commission to charge or receive, directly or
indirectly, from persons applying for employment or help through said free em
ployment offices, or from any person who becomes the beneficiary of the services of
any division of the employment commission, any fee, compensation, or anything of
value, and any officer or employee who shall directly or indirectly accept any fee or
compensation from any applicant or beneficiary, or from his or her representative,
shall be deemed guilty of a misdemeanor, and upon conviction Shall be fined not
less than $25 and not more than $50 to which may be added imprisonment in the
county jail for not more than 30 days.
Sec. 9377. [All duties formerly vested in the bureau of statistics under an act

of March 5, 1909, are vested in the employment commission on effective date of
new act.]
Sec. 9378. [This section merely repeals all conflicting laws in act approved
March 6, 1911.]
Sec. 9379. [Act specified an annual appropriation of $38,000. Subsequent

appropriation acts provide for other amounts, and to be in lieu of that provided by
sec. 9, ch. 192, of the acts of 1917.]
Sec. 9380. Definitions.— The term “ employer” shall mean and include every
person, firm, corporation, agent, manager, representative, or other persons having
control or custody of any employment, place of employment, or any employee.

The term “ employee” shall mean and include every person who may be required
or directed by any employer, in consideration of direct or indirect gain or profit,
to engage in any employment or to go or work or be at any time in any place of
employment.
IOWA
CODE OF 1931
C hapter 77.—State employment bureau and employment agencies
Section 1542. Free employment bureau.—The labor commissioner shall main­
tain in his office at the seat of government a department to be called the State
free employment bureau, and he is hereby directed to adopt such rules and regu­
lations as are necessary to carry out the purposes of this chapter. He shall, with
the approval of the executive council, appoint a competent person who shall be
placed in charge of such work and be known as the chief clerk of the bureau, whose
term of office shall be the same as that of the commissioner.




18

T E X T OF THE LAWS

Sec. 1543. Duties.— It shall be the duty of the commissioner through the free
employment service to: 1. Adopt all means at his command to bring together
those desiring to employ labor and those desiring employment. 2. Supply infor­
mation as to opportunities for securing employment and the character and con­
ditions of work to be performed in the various industries of the State including
agricultural pursuits. 3. Adopt all available means for steadying employment
and avoiding unemployment.
Sec. 1544. Extension of service.— With the approval of the executive council,
the commissioner may establish within the State such branches of free employment
agencies as shall afford the best distribution of labor, and for such purposes may
cooperate with any Federal, State, municipal, or other free employment bureau
or association.
Sec . 1545. Service free.— No fee or compensation shall be received, either
directly or indirectly, from persons applying to the bureau for employment or help.
KANSAS

REVISED STATUTES, 1923
C hapter 44, A rticle 6 (d) .—State free employment bureau and agencies
Section 44^651. Bureau created.— There is hereby created the free employment

bureau of the State of Kansas, for the purpose of providing free employment
agencies in all cities of the first and second class within the State: Provided,
That any city of the second class may, by resolution of the governing body dis­
pense with such free employment agency, and shall notify the court of industrial
relations to that effect. Said bureau shall be under the supervision and direction
of the court of industrial relations.1
Sec . 44^652. Duties.— It shall be the province and duty of the court of indus­
trial relations to establish and maintain a system of free employment offices not
exceeding four outside Topeka: Provided, That from June 1 to August 15 addi­
tional offices may be maintained as may be necessary to properly distribute
labor necessary for the wheat harvest in the State; maintain a system for clearing
labor between the several counties, and adopt such rules and regulations as may
be necessary to maintain and conduct such bureau.
Sec. 44-653. Farm labor.— It shall be the further duty of the court of industrial
relations to secure and list, as far as practicable, from the farm agents of the
various counties of the State, or county clerks or such other authority to be
designated by the county commissioners, the number of extra laborers required
from time to time in each community for the purpose of equally distributing
labor to meet such demand and to direct idle labor to employment.
Sec. 44^654. Expenses.— That the court of industrial relations is authorized
to employ such assistants, clerks and other persons; to rent suitable offices; to
purchase supplies, material, equipment, office fixtures, and apparatus and to
incur such travel and other expense as may be necessary to carry out the provi­
sions of law relating to the free employment bureaus.
Sec . 44-655. Act cumulative.— This act shall be construed as cumulative of
all other acts now in force.
Sec. 44-656. Court regulations for agencies.— It shall be the duty of the court

of industrial relations to prepare, prescribe, print, and transmit to the city clerks
of all cities of the first and second classes, directions, rules and regulations for
the opening, conduct and reports of free employment agencies in said cities,
which directions, rules and regulations said court of industrial relations may
amend, add to or revise from time to time. Said court of industrial relations shall
also prepare all needful or proper forms to be used by such agencies, and shall
cause blanks and all blank books to be prepared by the State printer, and shall
forward supplies thereof to all such city clerks for use of such agencies; all work
authorized by this act to be done by the State printer, upon the requisition of the
court of industrial relations, subject to the approval of the State printing com­
mission.
Sec. 44-657. Establishment, etc., city agencies.— Within 30 days after such
directions, rules and regulations shall have been received by any city clerk, the
governing body shall comply with the directions of said court of industrial
relations as to the opening and preparing to maintain a free employment agency
and for the expense thereof; and if no such provision be made, the duties of free
employment agents shall devolve upon the city clerk, who shall perform the same,
and his office shall be the free employment agency of said city.
1 Succeeded by commission of labor and industry.
477-01.)




(See 1931 Sup p. to R. S. 1923, secs. 44-601 and

PUBLIC EMPLOYMENT AGENCIES

19

Sec. 44-658. Register.— It shall be the duty of the free employment agent of
every city to register, as directed by the directions of the court of industrial rela­
tions, every person desiring to employ any person and every person desiring
employment; and it shall be the strict legal right of every such person to so
register and to enjoy all of the advantages of such employment agency free from
any charge or expense whatever. Reports to the court of industrial relations shall
be made by such agencies as often and as to such matters as he may require. Every
person shall be notified of employment open in the order of his or her registration
for that employment by such agent where registered. All other details shall be
fixed by the court of industrial relations.
Sec. 44-659. Reports and notifications.— The reports of such agencies shall be
made to the court of industrial relations as it may require, and shall be tabulated
and classified, and such persons as have not secured employment or notice of
employment where registered shall be notified by the court of industrial relations
where such employment may be had, as shown by the reports made. The court
of industrial relations shall embody in its biennial report such tabulations of the
work performed by such agencies in the State, with such recommendations as it
may deem proper for the information of the legislature.
Sec . 44-660. Removal of city clerk or agent.— If any city clerk shall fail or refuse

to carry out in good faith, in a reasonably fair and efficient manner, the duties
devolved upon him by this act or by the direction, rules and regulations of the
court of industrial relations, he shall forfeit his office as such free employment
officer, and be removed therefrom: Provided, Such removal shall not affect the
tenure of his office as to its other duties. Any agent provided for and appointed
by any city to conduct a free employment agency under this act shall be removed
by the mayor at any time when requested in writing by 10 or more electors of
said city, upon a showing being made that such agent refused or failed to perform
the duties as required by this act. In case of the removal or resignation for any
cause of the free employment agent in any city, the mayor of such city shall
immediately appoint a qualified person to fill such vacancy.
SUPPLEMENT, 1931
C hapter 74, A rticle 7.— Commission of labor and industry
Section 74-707. Duties of commissioner, etc.— One of said members shall be
designated by the governor as chairman of said commission, who shall have
active charge of the administration of the workmen’s compensation act, with
authority to call upon any one of the other members of said commission in
such administration, or to act in the capacity of examiner, as provided for in said
act. One of said members shall be designated as commissioner of labor and shall
have been for at least five years immediately preceding such appointment actively
identified with labor in this State and not be less than 30 years of age, who shall
have active charge of factory inspection, State mine inspection, State bureau of
free employment, supervision of laws pertaining to women and children in indus­
try, and such commission is hereby given full jurisdiction over and control of
factory, workshop, and mill inspection, mine inspection, and State free employ­
ment bureau.
KENTUCKY

ACTS OF 1932
C hapter 31.— Employment offices, public
Section 1. Establishment of employment service.— In order to provide an em­
ployment service for men, women and minors seeking employment; for employers
seeking employees; to stabilize employment; to cooperate with counties, munic­
ipalities, schools, and the United States Employment Service; for the extension
of vocational guidance to minors and aid to the physically handicapped, there is
hereby established in the department of labor a “ Kentucky employment service,”
and
Sec. 2. Duties.— It shall be the duty of the chief officer of the department of
labor and he is hereby empowered subject to the advice and consent of the commis­
sioner of agriculture, labor and statistics.

(а) To establish and conduct employment offices in the State where such offices
are deemed advisable;
(б) To ascertain and make known the opportunities for employment;




20

TE X T OF THE LAWS

(c) To create and maintain such divisions of the employment service as will
best serve the public welfare;
(d) To cooperate with existing State and Federal agencies in extending voca­
tional guidance to minors seeking employment;
(e) To render especial assistance to physically handicapped persons seeking
employment, to help them become self-supporting and aid in the support of their
dependents;
(J) To cooperate with county agricultural agents and farmers' agencies to
ascertain needs of labor and mobilization and distribution of labor among the
agricultural classes;
(g) To devise and adopt the most efficient means to avoid unemployment;
(h) To establish relations with employers and organizations for the purpose of
supplying demands for labor, for the stabilizing and prevention of unemploy­
ment;
(i) To make public through newspapers and other media information as to
employment available;
(j) To investigate economic developments, the extent and causes of unemploy­
ment and remedial projects advanced by agencies, private or governmental, for
the purpose of preparing for the general assembly facts which may make further
legislation desirable;
(k) To collect, collate and publish statistical and other information from all
sources considered pertinent to the work within the employment service juris­
diction and shall use this data in the publication and dissemination of changing
social and economic conditions that might adversely affect employers, employees
and the general public;
(I)
To correlate the functions of the employment service with private and public
agencies such as the United btates Employment Service, the United States Bureau
of Labor Statistics, the Red Cross, the" Rehabilitation Service, war veteran[s']
organizations, county and municipal welfare agencies and such other organizations
of similar function and intent in order that the Kentucky employment service
shall be utilized as a central base or focal point as a survey agency, alleviation and
distribution point for the relief of distress among workers and the public in times
of economic depression or an emergency;
(m) To enter into agreement with the governing authorities of any county or
municipality in the State for such period of time as may be deemed advisable for
the purpose of establishing and maintaining local employment offices;
(n) To enter into agreement with the governing authorities of any school or
school district for the extension of vocational guidance to minors;
(o) To enter into agreement with the United States Employment Service, or
such bureau of the United States Department of Labor designated or may here­
after be authorized by the United States Congress for the purpose of securing
financial and other aid from the United States Government for the establishment
and maintenance of a public employment service in Kentucky;
(p) To appoint adviswy committees to assist in conducting an efficient em­
ployment service;
(q) To accept and solicit moneys for the Kentucky employment service from
private sources not incompatible to the welfare and efficiency of the provisions of
this act and the Kentucky employment service, and all such moneys collected
shall be accounted for to the State auditor and credited to the account and use
of said employment service.
Sec. 3. Fees, etc.— No fee, charge or other perquisite shall be accepted or
exacted for any service rendered applicant, worker or employer, by said employ­
ment service.
LOUISIANA

ACTS OF 1921— EXTRA SESSION
A ct N o. 98.— Free public employment offices
Section 1. Bureaus to be established.—From and after the passage of this
act there shall be established, created, maintained, and operated by the State
of Louisiana, under the supervision of the commission of labor and industrial
statistics, free employment bureaus, the same to be located at such points as
may be hereafter designated by the commissioner of labor and industrial
statistics.
Sec. 2. Lists.— It shall be the duty of the commissioner of labor and indus­
trial statistics and his assistants to file and keep a correct list of all persons
seeking employment, listing all such persons under their respective trades and




PUBLIC EMPLOYMENT AGENCIES

21

occupations, and [they] shall use all reasonable means to secure employment
for such applicants. It shall be the duty of the commissioner of labor and
industrial statistics and his assistants to keep a correct file of all employers
seeking help, and every reasonable means will be used to secure said employers
such help as may be requested.
Sec. 3. Qualifications of applicants.— For the purpose of conserving labor in
the State and preventing a useless turnover of labor, and to prevent, as far as
possible, the unnecessary expenditure of money to both employer and employee,
the commissioner of labor and industrial statistics is hereby enjoined to ascer­
tain as far as possible the fitness of the applicant seeking work and the reliabil­
ity of employers seeking help.
Sec. 4. Blanks.— The commissioner of labor and industrial statistics shall
formulate and have printed such application blanks as may be necessary for
use by both employer and employee, and the same shall be furnished free upon
application being made for same.
Sec. 5. Fees.— No fees of any kind whatsoever shall be collected or charges

made for any service performed in the interest of the workers or employers,
and every employer and every person seeking employment in the State of
Louisiana shall be permitted to enjoy the full benefits of said free employment
bureaus without cost.
Sec. 6. Violations.—Anyone violating the provisions of this act shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than
$5 nor more than $25 nor imprisoned less than 5 days or more than 20 days in the
parish prison or both, at the discretion of the court.
MARYLAND
ANNOTATED CODE OF 1924
A rticle 89.—State employment agencies
Section 3. Offices to be established.— It shall be the duty of the commissioner

of labor and statistics to organize, establish and conduct free employment agen­
cies in such parts of the State as said commissioner may deem advisable, for the
free use of the citizens of the State of Maryland, for the purpose of securing em­
ployment for unemployed persons who may register in said agencies, and for the
purpose of securing help or labor for persons registering as applicants for help or
labor. The said commissioner shall investigate the extent and the cause or
causes of unemployment in this State, and the remedies therefor adopted and
applied in the States of this country and in other countries, and report thereon to
the governor, and shall do all in its power to bring together employers seeking
employees and working and laboring people seeking employment.
MASSACHUSETTS
GENERAL LAWS, 1921
C hapter 149.— Public employment offices
Section 160. Establishment.— The department may establish and maintain in

such cities as may be selected by it after investigation, with the approval of the
governor and council, employment offices for the purpose of bringing together
those seeking employment and those desiring to employ, and may maintain such
offices now established. The commissioner shall make an annual report as to free
employment offices.
Sec. 161. Superintendent and clerks.—The commissioner shall appoint for each
of the offices provided for in the preceding section a superintendent who shall,
under the direction of the commissioner, perform the duties hereinafter set forth
or such as he may require. The commissioner may also appoint an assistant
superintendent and such clerks as he may deem necessary for the proper conduct
of the business of said employment offices. The location of each office established
under the preceding section shall be plainly indicated by a proper sign.
Sec. 162. Records; information regarding strikes.— The superintendents of said
employment offices shall receive applications from those seeking employment and
from those desiring to employ, and shall register them in such manner as may be
prescribed by the commissioner, and shall take such other action as the commis­
sioner may deem best to promote the purposes of said offices. Said superintend­
ents shall also receive applications from alien immigrants seeking employment in
agricultural labor and from those desiring to employ immigrants in agricultural




22

T E X T OP THE LAWS

labor, and shall take such other action as the commissioner may deem best to pro­
mote a more general distribution of alien immigrants throughout the agricultural
sections of the Commonwealth.
In directing applicants for employment to an employer in whose establishment
a strike is in progress, the commissioner, superintendents or other departmental
employees shall inform the applicant of the strike.
Sec. 163. Fees prohibited.— No fees shall in any case be taken from those seeking
the benefits of said employment offices. Any superintendent or clerk who directly
or indirectly charges or receives any fee in the performance of his duties shall be
punished by a fine of not more than $100 or by imprisonment in jail for not more
than one month, and shall be disqualified from holding further connection with
said office.
Sec. 164. Preference to residents.— In registering applications for employment
and for employees wanted, preference shall be given to residents of the Common­
wealth.
Sec. 165. Reports.— Each superintendent shall make to the commissioner such
reports of applications for labor or employment and of other details of the work of
his office as the commissioner may require. The commissioner shall cause reports
showing the business of the several offices to be prepared at regular intervals and
to be exchanged among the said offices, and shall supply them to the newspapers
and to citizens upon request; and the several superintendents shall post such re­
ports in a conspicuous place in their offices so that they may be open to public
inspection.

Sec. 166. Appropriation.— There shall be allowed and paid, upon the approval
of the commissioner, for salaries and for contingent expenses in connection with
the establishment and maintenance of free employment offices, such sum as the
general court may annually appropriate therefor.
Sec. 167. Information regarding demands.— The commissioner may furnish
weekly to the clerks of all towns in the Commonwealth printed bulletins showing
the demand for employment, classified by occupations to such extent as may be
practicable and indicating the town where the employees are wanted. Such in­
formation shall be based upon the applications for employees under this chapter.
Sec. 168. Posting.— Every town clerk shall post the lists received as aforesaid
in one or more conspicuous places in the town. A town clerk who fails to comply
with this section shall be punished by a fine of not more than $10.
MICHIGAN
COMPILED LAWS, 1929
C hapter 149.— Department of labor and industry
Section 8350 (as amended, 1931, Act No. 208). Establishment of employment

bureaus; duties.—The commission is hereby authorized to organize and establish
in this State such free employment bureaus as it deems advisable for the purpose
of receiving applications of persons seeking employment and applications of per­
sons seeking to employ labor. Such bureaus shall be designated and known as
Michigan public employment bureaus. The commission shall control the public
employment bureaus authorized by this act, and it shall be the duty of said com­
mission to use all diligence in securing the cooperation of employers of labor with
the purpose and objects of said employment bureau. To this end it shall be com­
petent for said commission to advertise in the columns of newspapers or to use
other mediums for such situations as it or its agents have applicants to fill, and for
such help as may be called for by employers. Said commission may also adver­
tise in a general way for the cooperation of large contractors and employers, in
such trade journals or special publications as reach such employers, whether such
trade journals are published in the State of Michigan or not, and it may pursue
such other methods as in its judgment will best tend to accomplish the purpose of
this act: Provided, That all managers or superintendents in charge of State public
employment bureaus shall devote their entire time to the work of their office while
receiving salary or wages from the State.
Sec. 8351. [Repealed by act No. 208, 1931, sec. 2.]
Sec. 8352. Appointments.— The commissioner of labor is authorized to appoint
such assistants as may be necessary for the proper administration of such free em­
ployment bureaus. All such assistants shall be under the control and direction of
the commissioner of labor, and shall receive such compensation as he shall deter­
mine. * * *




PUBLIC EMPLOYMENT AGENCIES

23

ACTS OF 1931
No. 306.— Free employment bureau8
Section 1. Establishment of local bureaus.— The legislative body of any city or

village in this State is hereby authorized to create, acquire, control and operate
free employment bureaus within the limits of said cities and villages, and may use
for such purpose any property suitable therefor that is now or may at any time
hereafter be owned, leased, or controlled by such city or village.
Sec . 2. Fees, duties, etc.— Such employment bureaus shall be established for the
purpose of receiving applications of persons seeking employment and applications
of persons seeking to employ labor. Such bureaus shall be designated and known
as municipal or village public employment bureaus as the case may be. The
cities and villages creating public employment bureaus authorized by this act may
require the payment by all persons seeking employment [of] a registration fee of
not more than $1 for the period of one year. For each fee there shall be issued a
receipt which shall be in triplicate; one copy to be given to the applicant, one copy
to be filed in the local office and one copy to be filed in the office of the department
of labor and industry at Lansing. Every person paying such registration fee shall
be entitled without further charge for the period of one year, to the service of any
municipal or village public employment bureau within the city or village wherein
applicant registered. It shall be the duty of such bureaus to use all diligence in
securing the cooperation of employers of labor with the purpose and objects of
said employment bureau. To this end it shall be competent for the legislative
bodies of such cities and villages to advertise in the columns of newspapers or to
use other mediums for such situations as it or its employees and agents have appli­
cants to fill, and for such help as may be called for by employers. Said legislative
bodies of the cities and villages may also advertise in a general way for the cooper­
ation of large contractors and employers, in such trade journals or special publi­
cations as reach such employers, whether such trade journals are published within
the city or village or not, and it may pursue such other methods as in their judg­
ment will best tend to accomplish the purpose of this act: Provided, That all
persons in charge of such public employment bureaus shall devote their entire
time to the work of their office while receiving salary or wages from the city or
village.
Sec. 3. Registrations.— All moneys received by the cities or villages under the
provisions of section 2 of this act shall be set aside and shall be known as the public
employment bureau registration fund and shall be used and disbursed under the
direction of the legislative body of such city or village for the purpose of conduct­
ing, maintaining and improving such employment bureaus.
Sec. 4. Property.— Any property acquired, owned, leased, controlled or occu­
pied by such cities and villages for the purposes enumerated herein shall and is
hereby declared to be acquired, owned, controlled or occupied for a public purpose
and as a matter of public necessity, and such cities and villages shall have the right
to acquire property for such purpose or purposes under the power of eminent
domain as and for a public necessity and in accordance with the procedure as
outlined in their charter or in the statutes of this State.
Sec. 5. Powers.— The powers herein enumerated may be delegated by the said
legislative body of the city or village to any department, commission or agency of
such city or village as may be designated or created by such legislative body.

MINNESOTA
GENERAL STATUTES, 1923
C hapter 23.— Department of labor and industries

*

Section 4046. The commission shall have the following powers and duties:

* *
(3) Employment agencies.— To establish and conduct free employment agencies,
and after the first day of June, 1921, to supervise the work of private employment
offices all as now provided by law; to make known the opportunities for selfemployment in this State, to aid in inducing minors to undertake promising skilled
employments, to encourage wage earners to insure themselves against distress
from unemployment, to investigate the extent and causes of unemployment in the
State and remedy therefor, and to devise and adopt the most efficient means in its
power to avoid unemployment.
Sec. 4249. Free employment bureaus.—The department may establish State free
employment bureaus in the cities of St. Paul, Minneapolis, Duluth, Winona, and




24

TEX T OP THE LAWS

one in the northwestern portion of the State, for the purpose of receiving applica­
tions from persons seeking employment, and applications from employers desiring
to employ labor. There shall be no fee or compensation charged or received, di­
rectly or indirectly, from persons applying for employment, or from those desiring
to employ labor through said bureaus. Every application made by an employer
or an employee to the free employment bureau shall be void after 30 days from its
receipt, unless the same be renewed by the applicant.
The managers of the State free employment offices shall cause to be received
and recorded in books kept for that purpose, the names of all persons applying for
employment, as well as the addresses of all persons, firms or corporations applying
to employ labor, designating opposite the name and address of each applicant the
character of employment desired or offered. Such managers shall also perform
such other duties pertaining to the work of the State free employment bureau in
the collection of labor statistics and in keeping the books and accounts of such
bureau as the commissioner may require, and shall report monthly all business
transacted by such offices to the commissioner of labor.
Sec. 4254. Cooperation with Federal Government.— The commissioner of labor is
hereby authorized and empowered to cooperate with the Federal Government in
the establishment, and maintenance within the State of Minnesota, of one or more
employment bureaus for the purpose of bringing together the man and the job.
Said commissioner is also authorized and empowered to cooperate in a similar way
and for the same purpose with a municipality or municipalities, or with the Federal
Government and any municipalities.
Such cooperative employment bureaus, when established, shall be under the
joint management of the cooperating parties, and the cost and expense of estab­
lishing and of carrying on any such bureau shall be borne by the cooperating
parties, upon an equitable basis to be agreed upon between them.
MISSOURI

REVISED STATUTES, 1929
C hapter 95, A rticle 2.— Employment bureaus and employment agents
S ection 13187 (as amended 1931, p. 258). Free public offices to be established .—

The commissioner of labor and industrial inspection shall organize and establish
in all cities in Missouri, now containing or which may contain hereafter, according
to the last preceding national census, 50,000 inhabitants or more, a free public
employment bureau for the purpose of receiving applications of persons seeking
employment and applications of persons seeking to employ labor. No compensa­
tion or fee shall be charged or received, directly or indirectly, from persons apply­
ing for employment through any such bureau. Such commissioner shall appoint
for each bureau one superintendent and may appoint for each one clerk, and may
remove the same for good and sufficient cause. The salary of the superintendents
shall not exceed $100 per month, and the salary of the clerks shall not exceed $75
per month. Such salaries and expenses of such bureaus shall be paid in the same
manner as other expenses of the department of labor and industrial inspection.
Sec. 13188. Duties.— The superintendent of each free public employment bu­
reau shall receive and record, in a book to be kept for that purpose, the names of
all persons applying for employment or for help, designating opposite the name
and address of each applicant the character of employment or help desired. Such
superintendent shall also perform such other duties in the collection of labor sta­
tistics and in keeping of books and accounts of his bureau as the commissioner
may require, and shall report monthly to the commissioner of labor and industrial
inspection the expenses of maintaining his bureau.
Sec. 13189. Applicants.—Every application for employment or help made to a

free employment bureau shall be void after 30 days from its receipt, unless renewed
by the applicant. If an applicant for help has secured the same, he shall, within
10 days thereafter, notify the superintendent of the bureau to which application
was therefor made. Such notice shall contain the name and last preceding address
of the employee received through such bureau. If any such applicant neglects to
notify such superintendent he shall be barred from all future rights and privileges
of such employment bureau, at the discretion of the commissioner of labor and
industrial inspection, to whom the superintendent shall report such neglect.




PUBLIC EMPLOYMENT AGENCIES

25

MONTANA
REVISED CODE, 1921
Free employment agencies
Section 3636. Employment agencies.—It is the duty of the city council of any

incorporated city of the first or second class within this State, and it shall be
lawful for the city council of any other incorporated city, to provide for the estab­
lishment of a free public employment office to be conducted on the most approved
plans, and to provide for the expenses thereof out of the revenues of the city in
which the same is established. The annual report of the department of agricul­
ture, labor, and industry shall contain a detailed account of all such free employ­
ment offices within the State showing the number of applicants for employment,
the number securing employment, and the expenses of maintaining such office.
NEBRASKA
COMPILED STATUTES, 1929
C hapter 48, A rticle 2.—Employment regulations
Section 48-202. Free employment offices.— The department of labor shall

establish and maintain in its office and in connection therewith a free public
employment bureau.
NEVADA
HILLYER’S COMPILED LAWS, 1929
Free employment agencies
Section 2851. State employment service.— The State free employment service
of the State of Nevada is hereby established. The commissioner of labor shall
also be the executive officer of the State free employment service, and the manage­
ment of such service shall be under his supervision. He shall have authority
to appoint agents, who shall be under the direction of said commissioner of labor,
as may be required in carrying out the provisions of this act, such agents being
located at convenient points in the State for the handling of the movement of
labor of all classes, with the view that labor will not be congested at any one point,
and to use their best endeavors to keep the supply of labor filled at the places
where it is desired and in seasonable time.
Such agents may be located at points in the State which will best serve to carry
out the provisions and intent of this act, and the commissioner in charge has power
to enter into agreements with the governing bodies of cities, towns, or counties
which desire such service, to use a portion of the fund provided by the State to
assist in the maintenance of any such service put into effect by such governing
bodies, or he may establish offices at points where he deems it to be for the best
interest of employment and maintain the same.
The commissioner of labor, in the capacity of head of the State free employ­
ment service, is hereby empowered to employ such clerical assistants as are neces­
sary to carry out the provisions of this law and fix their compensation; to secure
and distribute the necessary books and forms for keeping a record of the move­
ment of labor, registration and placements and all reports required to be made to
that end. The said commissioner is authorized to attend conferences outside
the State in cooperation with government officers and other State employment
officials, relative to labor and employment conditions, and he shall be entitled to
his necessary expenses upon any such attendance, said amounts to be paid out of
the State free employment service fund upon approval of the State board of
examiners.
Sec. 2852. Duties.— The agents in charge of any of the State free employment
offices established under the provisions of this act, and under the direction of the
commissioner of labor, shall receive applications from those seeking employment
and from those seeking employees, and shall register every applicant on
properly arranged cards or forms provided by the commissioner of labor.
Sec. 2853. Reports.— Each such agent shall make the commissioner of labor
such periodic reports of applications for labor or employment and all other
details of the office work of each office and the expense of maintaining the same
as the commissioner may require.




26

TEX T OP THE LAWS

Sec. 2854. Advertising.—The commissioner of labor shall have power to solicit
business for the State free employment service, established under this act, by
advertising in newspapers and in any other way he may deem expedient: Provided,
That the expenditure under the provisions of this act shall not exceed 10 per
cent of the total expenditure.
Sec. 2855. Fees.—No fees, direct or indirect, shall in any case be charged or
received from those seeking the benefits of this act.
Sec. 2856. Violations.— Any agent or clerk, subordinate or appointee appointed
under the provisions of this act who shall accept, directly or indirectly, any fee,
compensation, or gratuity from anyone seeking employment, or from anyone
offering employment under this act, shall be guilty of a misdemeanor, and shall
be punished by a fine of not more than $100 or by imprisonment in jail not to
exceed three months, or both, and shall thereafter be disqualified from holding
any office or position in such department.
Sec. 2857. Strike notice to be posted.— An employer, or a representative of

employers or employees, may file at a State free employment office a signed
statement with regard to a strike or lockout affecting their trade. Such state­
ment shall be posted in the employment office, but not until it has been communi­
cated to the employers affected, if filed by employees, or to the employees affected,
if filed by employers. In case a reply is received to such a statement, it shall also
be posted in the employment office with the same publicity given to the first
statement. If an employer affected by a statement notifies the State free employ­
ment service of a vacancy or vacancies, the agent in charge shall advise any appli­
cant for such vacancy or vacancies of the statements posted.
Sec. 2858. Cooperation with Federal bureaus.— The commissioner of labor is
hereby authorized and empowered to cooperate with the Federal Government
in the establishment and maintenance within the State of Nevada of one or more
employment bureaus for the purpose of bringing together the man and the job.
Such cooperative employment bureaus, when established, shall be under the
ioint management of the cooperative parties, and the cost and expense of estab­
lishing and of carrying on any such bureau shall be borne by the cooperative par­
ties upon an equitable basis to be agreed upon between them.
Sec. 2859. Appropriation.— There is hereby appropriated for the purpose of
this act, out of any moneys in the State treasury not otherwise appropriated, the
sum of $1,500, or as much thereof as may be necessary to carry out the provisions
of this act. [Appropriation act of 1931 (ch. 113, sec. 22) specifies $7,800 for
support of the State free employment service for the fiscal years from June 30,
1931, to July 1, 1933.]
NEW HAMPSHIRE
PUBLIC LAWS, 1926
C hapter 175.— Bureau of labor employment office
Section 1. Office to be established.— There shall be a free employment office,
under the care and direction of the commissioner of labor, for the purpose of
bringing together those who seek employment and those who desire to employ.
Sec. 2. Scope of act.— This chapter shall apply to female as well as male appli­
cants, and to any and all kinds of legitimate employment or service.
Sec. 3. No fees to be charged.— No fees, direct or indirect, shall in any case be

taken from those seeking the benefits of said employment office.
Sec. 4. Administration.— Such employment office shall be in the office of, and
in connection with, the bureau of labor, and the commissioner shall appoint such
clerks or assistants as he may deem necessary for the proper conduct thereof, and
shall fix their compensation, subject to the approval of the governor and council.
Sec. 5. Applications.— It shall be the duty of the commissioner to receive with­
out charge and keep on file, by means of suitable books or other record, a correct
list of all applications for employment made by any person and of all applications
filed by any person seeking to hire help for any legitimate purpose. The com­
missioner and his assistants shall aid persons so applying for employment and
assist employers so applying, to obtain help.
Sec . 6. Preferences.—In registering applications for employment and for
employees wanted, preference shall be given to residents of the State.
Sec. 7. Duty of city and town clerks.— It shall be the duty of city and town
clerks to cooperate with said employment office, as requested by the commis­
sioner, in the matter of receiving and forwarding applications from those desiring
employees and those desiring employment. Such clerks may in the discretion of
the commissioner, be furnished with application blanks for this purpose.




PUBLIC EMPLOYMENT AGENCIES

27

Sec . 8. Compensation.— City or town clerks shall receive no compensation
from the State for such service; but they may by proper order or direction from
the authorities of their city or town receive compensation therefor, or the same
may be regarded as a part of their duties as such clerk, according to the direction
of each city or town.
Sec. 9. Reports.— The commissioner shall cause reports showing the business of
the office to be prepared at regular intervals, and shall supply them to newspapers
and to citizens upon request.
NEW JERSEY

1911-1924 SUPPLEMENT TO COMPILED STATUTES
Free labor bureaus
Section 107-145A(1). Bureaus authorized.— The department of labor is hereby

authorized to establish such labor bureaus in the offices of the department of labor,
or elsewhere in the State, as the commissioner of labor may deem advisable, for
the following purposes: To bring together employers seeking employees and
working people seeking employment; to supply information as to opportunities
for securing employment in this State, and the character of the work to be per­
formed; to supply such information as may enable persons to secure industrial
and agricultural training and employment; to investigate the extent and causes
of unemployment in the State of New Jersey, and as far as possible to suggest
remedies therefor; to adopt the most efficient means within its power to avoid
unemployment; to provide employment and to prevent distress from involuntary
idleness; and to keep a record of all labor disturbances or strikes brought to its
attention.
Sec . 107-145A(2). Advisory committees.— The commissioner of labor is author­
ized to appoint advisory committees or agents, who shall serve without pay, to aid
in carrying on his work in the various parts of the State.
Sec. 107-145A (3). Data as to unemployment.— The commissioner of labor shall
secure all data as to unemployment and also in regard to those who desire to secure
employees, and shall take the most efficient method in disseminating such infor­
mation throughout the State as may enable those unemployed to secure the
position.
Sec . 107-145A (4). Cooperation.— The commissioner of labor is authorized to

cooperate with any other public employment bureaus, whether operated by vol­
untary, charitable, or eleemosynary organizations or by municipalities in this or
other States or by States or by the United States Government.
Sec. 107-145A(5). Fees.— No fees or other compensation shall be charged or
received, directly or indirectly, for any service performed pursuant to the provi­
sions of this act, from any person applying for employment or from any person
desiring an employee.
Sec. 107-145A(6). Strikes, etc.— The agents in charge of the labor bureaus
organized pursuant to this act or cooperating with the department of labor in
carrying out the provisions of this act shall keep a record of all labor disturbances
or strikes that occur in the territory covered by each office. All such agents shall
give notice of the existence of any labor disturbance or strike to all applicants for
a position who may be affected thereby.
Sec . 107-145A (7). Bulletins, etc.— The commissioner of labor may, in his dis­
cretion, issue such bulletins, notices, circulars or other printed matter as may be
necessary for carrying out the objects of this act.
Sec. 107-145A (8). Facilities, etc.—The commissioner of labor may, for the
purposes of carrying out this act, use such offices, employees or funds at his com­
mand, or fees received by him, as may be available for that purpose.
Department of labor
Section 107-136A(13). Bureau of employment.—The bureau of employment
shall be constituted as contemplated by an act * * * [ch. 47, acts of 1915],
except that the commissioner of labor shall appoint a chief of the bureau and fix
his compensation and appoint such additional clerks and employees as may be
necessary, and fix their compensation. By the bureau thus organized the powers
and duties devolved upon the department of labor in and by the said act shall be
exercised and performed.




28

TEX T OF THE LAWS

NEW MEXICO

LAWS OF 1931
C hapter 9.—Labor and industrial commission
Section 12. Establishment of employment agency.— The labor commissioner
may, if deemed necessary, maintain and operate a free employment agency for
the purpose of supplying labor to all branches of industry.
NEW YORK

CAHILL’S CONSOLIDATED LAWS, 1930
C hapter 32, A rticle 2.— Department of labor

*

Section 21. General powers and duties of commissioner.— The commissioner:

* *
7.
May provide for the establishment and maintenance of public employment
offices for the purpose of securing employment for men, women, and children;
*

*

*

Sec. 21a. Study of employment problems.— For the purpose of improving the

State public employment offices and cooperating with the Federal authorities in
an intelligent long-time-employment program, the industrial commissioner is
hereby authorized to make a thorough-going, impartial, and objective study of
the employment offices maintained by the State of New York and in this con­
nection to operate a laboratory experiment or demonstration stations. In order
to make such study and operate such laboratory the industrial commissioner
shall appoint an advisory committee which shall include the director of the
United States Employment Service. The industrial commissioner is hereby
authorized to accept a contribution or contributions of funds to be used in his
discretion to carry out the purposes of this section and to assist in the supervision
and conduct of this study, and shall make an annual report on the progress of
the same.
C hapter 41, A rticle 120.—Labor
Section 1274. Fees in public employment offices.— A person connected with or
employed in a free public employment bureau, who shall charge or receive directly
or indirectly, any fee or compensation from any person applying to such bureau
for help or employment, is guilty of a misdemeanor.

Sec. 1275. Violations, etc.— Any person who violates or does not comply with
any provision of the labor law, any provision of the industrial code, any rule,
regulation or lawful order of the department of labor, industrial commissioner or
industrial board, and any person who knowingly makes a false statement in or in
relation to any application made for an employment certificate as to any matter
required by the labor law to appear in any affidavit, record, transcript or certifi­
cate therein provided for, is guilty of a misdemeanor and upon conviction shall
be punished, except as in this chapter otherwise provided, for a first offense by a
fine of not less than $20 nor more than $50; for a second offense by a fine of not
less than $50 nor more than $250, or by imprisonment for not more than 30 days
or by both such fine and imprisonment; for a third offense by a fine of not less
than $250, or by imprisonment for not more than 60 days, or by both such fine
and imprisonment.
NORTH CAROLINA

1924 SUPPLEMENT TO CONSOLIDATED STATUTES
C hapter 120, A rticle 3.— Free employment offices
Section 7312(a). Office established.— In order to promote the establishment

and maintenance of free employment offices for men, women, and juniors who are
legally qualified, seeking employment, and for employers desiring workers, there
is hereby created in the department of labor and printing a free employment
bureau. It shall be in charge of the commissioner of labor and printing, who
shall appoint an assistant, whose duties shall be to supervise the work of said
bureau and its branch offices, under the direction of the commissioner, and who
shall receive an annual salary to be fixed by the commissioner of labor and print­
ing, the governor, and the Director General of the United States Employment




PUBLIC EMPLOYMENT AGENCIES

29

Service. There shall also be appointed in said bureau, by the commissioner of
labor and printing, such assistants and other employees as are necessary to carry
out the provisions of this article.
Sec. 7312(b). Places.— It shall be the duty of the commissioner of labor and
printing, and he shall have the power, jurisdiction, and authority:
(а) To establish and conduct free employment offices in the State where, in the
opinion of the commissioner, such action may be deemed advisable and expedient;
to in all proper ways within the limitations of this article bring together employers
seeking employees and applicants for employment seeking employers; to make
known the opportunities of self-employment in the State; to devise and adopt the
most efficient means to avoid unemployment; to cooperate with existing State and
Federal agencies in extending vocational guidance to minors seeking employment.
(б) To establish and maintain such sections of the employment service as will
best serve the public welfare.
Sec. 7312(c). Veterans.— The employment bureau shall cooperate with the
Federal Board for Vocational Education, division for rehabilitation of crippled
soldiers and sailors, in endeavoring to secure suitable employment and fair treat­
ment of the veterans of the World War.
Sec. 7312(d). Minors.—The employment bureau shall have jurisdiction over all
matters contemplated in this article pertaining to securing employment for all
minors who avail themselves of the free employment service; to so conduct its
affairs that at all times it shall be in harmony with laws relating to child labor
and compulsory education; to aid in inducing minors over sixteen, who can not
or do not for various reasons attend day school, to undertake promising skilled
employment; to aid in influencing minors who do not come within the purview of
compulsory education laws, and who do not attend day school, to avail themselves
of continuation or special courses in existing night schools, vocational schools,
part-time schools, trade schools, business schools, library schools, university ex­
tension courses, etc., so as to become more skilled in such occupation or vocation
to which they are respectively inclined or particularly adapted; to aid in securing
v[a]cational employment on farms for town and city boys who are interested in
agricultural work, and particularly town and city high-school boys who include
agriculture as an elective study; to cooperate with various social agencies, schools,
etc., in group organization of employed minors, particularly those of foreign par­
entage, in order to promote the development of real, practical Americanism
through a broader knowledge of the duties of citizenship; to investigate methods
of vocational rehabilitation of boys and girls who are maimed or crippled, and
ways and means for minimizing such handicap.
Sec. 7312(e). Information.— The employment bureau shall make public,
through the newspapers and other media, information as to situations it may have
applicants to fill, and establish relations with employers for the purpose of sup­
plying demands for labor. The bureau shall collect, collate, and publish statis­
tical and other information relating to the work under its jurisdiction; investigate
economic developments, and the extent and causes of unemployment and remedies
therefor within and without the State, with the view of preparing for the informa­
tion of the general assembly such facts as in its opinion may make further legisla­
tion desirable.
Sec . 7312(f) . Cooperation.— The commissioner of labor and printing is author­
ized to enter into agreement with the governing authorities of any municipality,
county, township, or school corporation in the State for such period of time
as may be deemed desirable for the purpose of establishing and maintaining
local free employment offices, and for the extension of vocational guidance to
minors. The commissioner is likewise authorized, with the advice of the gov­
ernor, to enter into such cooperative agreement as may be deemed desirable
with the United States Employment Service, or such bureau of the United
States Department of Labor as the Secretary thereof may hereafter designate,
or other Federal agency as Congress may hereafter authorize, for the purpose
of securing financial aid from the United States Government for the establish­
ment and maintenance of free employment service and the extension of voca­
tional guidance to minors, and under and by virtue of any such agreement as
aforesaid to pay from any funds appropriated by the State for the purposes of
this article, any part or the whole o f the salaries, expenses or rent, maintenance,
and equipment of offices and other expenses.
Sec. 7312(g) Gifts.— It shall be lawful for the commissioner of labor and printing
to receive, accept, and use, in the name of the people of the State, or any com­
munity or municipal corporation, as the donor may designate, by gift or devise,
any moneys, buildings, or real estate for the purpose of extending the benefits
161109°— 33------ 3




30

TE X T OP THE LAWS

of this article, and for the purpose of giving assistance to deserving maimed or
crippled boys and girls through vocational rehabilitation.
Sec. 7312 (h). Municipal action.— It shall be lawful for the governing authorities
of any municipality, county, township, or school corporation in the State to enter
into cooperative agreement with the commissioner of labor and printing, and to
appropriate and expend the necessary money, and to permit the use of public
property for the joint establishment and maintenance of such offices as may be
mutually agreed upon, and which will further the purpose of this article.
Sec. 7312 (i). Appropriation.— For the purpose of carrying out the provisions of
this article there is hereby appropriated out of the general funds of the State
not otherwise appropriated the sum of $10,000 per annum. Upon the certificate
of the commissioner of labor and printing, the auditor shall audit and the treasurer
pay expenses of said free employment service not exceeding the sum of $10,000
per annum.
NORTH DAKOTA

SUPPLEMENT 1913-1925
C hapter 5, A rticle 22a.— Free employment agencies
Section 572a-l. Service established.— The State free employment service of the
State of North Dakota is hereby established. The commissioner of agriculture
and labor shall also be the executive officer of the State free employment serv­
ice, and the management of such service shall be under his supervision. He
shall have authority to appoint agents who shall be under the direction of said
commissioner of agriculture and labor as may be required in carrying out the
provision of this act, such agents being located at convenient points in the
State for the handling of the movement of labor of all classes, with the view
that labor will not be congested at any one point and to use their best endeav­
ors to keep the supply of labor filled at the places where it is desired, and in
seasonable time.
Such agents may be located at points in the State which will best serve to
carry out the provisions and intent of this act, and the commissioner in charge
has power to enter into agreements with governing bodies of cities, towns, Or
counties which ^desire such service, to use a portion of the fund provided by
the State to assist in the maintenance of any such service put into effect by
such governing bodies, or he may establish offices at points where he deems
to be of the best interest of employment and maintain the same.
The commissioner of agriculture and labor in the capacity of head of the
State free employment service is hereby empowered to employ such clerical
assistance as is necessary to carry out the provisions of this law and fix their
compensation^] to secure and distribute the necessary books and forms for keep­
ing a record of the movement of labor, registration and placements, and all
reports required to be made to that end.
Sec. 572a-2. Applications.— The agents in charge of any of the State free
employment offices established under the provisions of this act, and under the
direction of the commissioner of agriculture and labor, shall receive applications
from those seeking employment and from those seeking employees and shall
register every applicant on properly arranged cards or forms provided by the
commissioner of agriculture and labor.
Sec . 572a-3. Reports.—Each such agent shall make the commissioner of agricul­

ture and labor such periodic reports of application for labor or employment
and all other details of the office work of each office, and the expense of main­
taining the same as the commissioner may require.
Sec. 572a-4. Advertising.— The commissioner of agriculture and labor shall
have power to solicit business for the State free employment service, established
under this act, by advertising in the newspapers and in any other way he may
deem expedient: Provided, That the expenditure under the provisions of this
act shall not exceed 10 per cent of the total expenditure.
Sec . 572a-5. Fees.— No fees direct or indirect shall in any case be charged or
received from those seeking the benefits of this act.
Sec. 572a-6. Violations.— Any agent or clerk, subordinate or appointee ap­

pointed under the provisions of this act who shall accept directly or indirectly
any fee, compensation or gratuity from any one seeking employment, or from any
one offering employment, under this act, shall be guilty of a misdemeanor and
shall be punished by a fine of not more than $100 or by imprisonment in jail not
to exceed three months, or both and shall thereafter be disqualified from holding
any office or position in such department.



PUBLIC EMPLOYMENT AGENCIES

31

Sbo. 572a-7. Notice of strike, etc.— An employer, or a representative of em­
ployers or employees, may file at a State free employment office a signed statement
with regard to a strike or lockout affecting their trade. Such statement shall
be posted in the employment office, but not until it has been comunicated to
the employers affected if filed by employees, or to the employees affected if
filed by employers. In case a reply is received to such a statement, it shall
also be posted in the employment office with the same publicity given the first
statement. If an employer affected by a statement notifies the State free employ­
ment service of a vacancy or vacancies, the agent^in charge shall advise any
applicant for such vacancy or vacancies of the statements posted.
Sec. 572a-8. Cooperation.— The commissioner of agriculture and labor is hereby
authorized and empowered to cooperate with the Federal Government in the
establishment and maintenance within the State of North Dakota of one or
more employment bureaus for the purpose of bringing together the man and the
job. Such cooperative employment bureaus, when established, shall be under
the joint management of the cooperative parties, and the cost and expense of
establishing and carrying on any such bureau shall be borne by the cooperative
parties upon an equitable basis to be agreed upon between them.
Sec . 572a-9. Appropriation.— There is hereby appropriated out of any moneys
in the State treasury not otherwise appropriated, the sum of $10,000, or so much
thereof as may be necessary for the current and contingent expenses of the State
free employment service for the biennial period according to the provisions of
chapter 117 of the session laws of 1921.
OHIO
PAGE’S GENERAL CODE, 1932
C hapter 9a.—Industrial commission
Section 871-22. Duties of [industrial] commission.— It shall also be the duty of
the industrial commission, and it shall have full power, jurisdiction and author­
ity * * *.

(9) Free employment agencies.—To establish and conduct free employment
agencies, and on and after the first day of September, 1913, to license and super­
vise the work of private employment offices to do all in its power to bring together
employers seeking employees and working people seeking employment, to make
known the opportunities for self-employment in this State, to aid in inducing mi­
nors to undertake promising skilled employments, and to encourage wage earners
to insure themselves against distress from unemployment. It shall investigate
the extent and causes of unemployment in the State of Ohio and the remedies
therefor in this and other States and countries, and it shall devise and adopt the
most efficient means in its powT to avoid unemployment, to provide employment
er
and to prevent distress from involuntary idleness.
Sec. 881. Bond.— Each special agent and district superintendent may be re­
quired by the commissioner of labor statistics to give a bond to the State in such
an amount not exceeding $2,000 with such sureties as the commissioner approves.
Said bond shall be deposited with the secretary of state and kept in his office.
Sec. 882. No fee to be charged.— No compensation or fee either directly or indi­
rectly shall be charged or received from any person seeking employment or any
person desiring to employ labor through a free public employment office. A super­
intendent of such office or the clerk therein who violates the provisions of this sec­
tion shall be fined not exceeding $50 and imprisoned in the county jail or work­
house not exceeding thirty days.
OKLAHOMA
STATUTES, 1931
C hapter 52.—Labor
A rticle 1.— State and P rivate E mployment A gencies
Section 10802. Establishment of bureau.— The commissioner of labor shall
maintain in connection with his office a free employment bureau, to be known as
the “ Oklahoma free employment bureau,” for the purpose of receiving and filing
applications of persons seeking employment and applications of persons seeking
to employ labor.
Sec . 10803. Superintendent, salary.— The commissioner of labor shall appoint
a superintendent of said free employment bureau, who shall receive a salary of




32

T E X T OF THE LAWS

$1,200 per annum, and shall have supervision over all branch bureaus that may be
established, and his tenure of office shall be during the term of the commissioner
of labor, unless sooner removed for cause.
Sec. 10804. Branch offices.— The commissioner of labor is authorized to main­
tain a branch free employment bureau at some city on the east side of the State,
where in his opinion, the convenience of the greatest number of people may be
served.
Sec. 10805. Attendant, salary.— The commissioner of labor may appoint an

attendant for said bureau, whose salary shall not exceed $900 per annum and all
necessary expenses he may incur in the conducting of said bureau.
Sec. 10806. Branch office.— The commissioner of labor is hereby authorized to
establish at Tulsa, Okla., a branch of the Oklahoma free employment bureau, and
to appoint an attendant for said agency whose salary shall not exceed the sum of
$900 per annum, and all necessary expenses incurred in the conducting of said
agency: Provided, Said expenses shall not exceed $300 per year.
Sec. 10807. Branch at Enid.— The commissioner of labor is hereby authorized
to establish a branch free employment bureau at Enid, Okla.
Sec. 10808. Attendant.— The commissioner of labor is hereby empowered to
appoint an attendant for said bureau, whose salary shall not exceed $900 per an­
num, and all necessary expenses incurred in the conducting of said bureau.
Sec. 10809. Records.—The superintendent of said free employment bureau,

and the attendants of the branch free employment bureaus, shall preserve a record
in books, kept for that purpose, names of all persons applying for employment or
help, designating opposite the names and addresses of each applicant, the char­
acter of employment or help desired. Separate registers for applicants for employ­
ment shall be kept, showing the names of all persons applying for employment or
help, designating opposite the names and addresses of each applicant the char­
acter of employment or help desired, and in such register shall show the age, sex,
nativity, trade or occupation of each applicant, the cause and duration of non­
employment, whether married or single, the number of dependent children, to­
gether with such other facts as may be required by the commissioner of labor to
be secured by said officer: Provided, That such statistical and sociological data
as the commissioner of labor may require, shall be held in confidence by said office
and so published as not to reveal the identity of any one: And provided further,
That any applicant who shall decline to furnish answers to the questions con­
tained in special registers shall not thereby forfeit any rights to any employment
the office might secure.
Sec . 10810. Duties and powers.— It shall be the duty of the superintendent of
the free employment bureau and the attendants of the branch free employment
bureaus to put themselves in communication with the principal manufacturers,
merchants and other employers of labor, and to use all diligence in securing the
cooperation of said employers of labor with the purposes and objects of said em­
ployment bureaus. To this end it shall be competent for such officers to advertise,
under the direction of the commissioner of labor, in newspapers, or other mediums,
for such situations as they have applications to fill, and they may advertise in a
general way for the cooperation of large contractors and employers in such trade
journals or special publications as reach such employers, whether such trade or
special journals are published in Oklahoma or not.
Sec. 10811. Fees.— No fee or compensation shall be charged or received, directly
or indirectly, from persons applying for employment or help through said free
employment bureau or branch free employment bureaus.
Sec" 10812. Definitions.— The term “ applicant for employment,” as used in
this article, shall be construed to mean any person seeking work of any lawful
character, and “ applicant for help” shall mean any person or persons seeking
help in any legitimate enterprise; and nothing in this article shall be construed
to limit the meaning of the term “ work” to manual occupation but it shall in­
clude professional service and all other legitimate service.
PENNSYLVANIA
ACTS OF 1915
A ct N o. 373.—Free employment agencies
Section 1. Definitions.—The term “ bureau,” as used in this act, shall mean
bureau of employment.
The term “ commissioner” shall mean the commissioner of labor and industry.
The term “ board” shall mean the industrial board of the department of labor
and industry.




PUBLIC EMPLOYMENT AGENCIES

33

The term alocal offices” shall mean local, free, public employment offices.
[Secs. 2-10, inclusive, repealed by Act No. 274 (1923), p. 669.]
Sec. 11. Cooperation.— The director may enter into an agreement with any
county, city, borough, town, or township for the establishment and joint mainte­
nance of local offices. All county, city, borough, town, or township executives
shall report to the director, from time to time, the general conditions of employ­
ment, the demands of employers for employees, the demands of employees for
employment, and the existence of industrial disputes, strikes, and lockouts, in
their respective districts, and shall cause to be posted any bulletins or notices of
the bureau pertaining to the purposes of this act. Any county, city, borough,
town, or township may appoint the superintendent of the nearest district branch
office to fill the office of superintendent of employment.
Sec. 12. Duty of board.— The board shall—
(a) Devise plans and take steps toward the regularization of employment in
the industries and seasonal trades of the State.
(b) Investigate the feasibility of, and induce the State, counties, cities, bor­
oughs, towns, and townships to undertake, public improvements during the peri­
ods of unemployment.
(c) Cooperate with any person, employer, official, association, or organ of the
press whatsoever, for the accomplishment of the.aforesaid purposes; appoint sub­
committees for juveniles, farm laborers, and for other purposes; and the member­
ship of these subcommittees may be enlarged to include persons outside the board,
but each subcommittee must be presided over by a member of the board.
Sec. 13. Councils.— Each district and local office shall have a representative
council, appointed by the commissioner. The council shall consist of six mem­
bers, one of whom stall be a woman, and all of whom are citizens of the United
States and of the State and residents of the district where the council is to serve.
One member shall be an employer, not a member of any employersJ association;
two members shall be representatives of employers’ organizations; one member
shall be a working person, not a member of any organization of working people,
and two shall be representatives of organizations of working people. The com­
missioner shall designate one from the employers and one from the employees, to
serve for a period of two years; and one from each group, to serve for a period of
four years; and one from each group, to serve for a period of six years. Upon the
•expiration of said terms, the term of office of each member thereafter appointed
shall be for a term of six years, except that any member appointed to fill a vacancy
shall serve for the unexpired term thereof.
The commissioner and the director shall be ex officio members of each council.
The superintendent in charge of a district shall be chairman of the council for his
district, and in case of his inability to be present at any meeting the director or the
commissioner may act as chairman.
The actual and necessary traveling expenses incurred by members of district
Tepresentative councils, while engaged in the performance of their duties, shall be
paid by the State.
Sec. 14 Duty of council's.— The council in each district shall—
(a)
Devise methods and take steps toward the regularization of employment in
the various industries and seasonal trades of the district.
\b) Devise plans and take steps to promote public improvements by municipal­
ities within the district during seasons of unemployment.
(c) Cooperate with any person, employer, association, or organ of the press in
•accomplishing the aforesaid purposes.
(d) Appoint subcommittees to deal specially with any subject which the council
lhas power to investigate or act upon, but each subcommittee shall be presided
•over by a member of the council.
(e) Hold meetings at least once each month, or oftener if required, for the
•accomplishment of the aforesaid purposes; such meetings to be called by the
•chairman of the council or to be fixed at any regular meeting of the council.
(/) Keep minutes of all meetings; submit a copy of all minutes, records, and
decisions, and report in full on all actions or proceedings to the director. No
xule shall be prescribed or action taken by the council inconsistent with the action
•of the board.
Sec . 15. Fees.— The bureau shall neither charge nor receive fees, directly or
Indirectly, for any service or benefit rendered to those availing themselves of
advantages provided. No official, employee, or person associated with the bu­
reau in the performance of its duties shall charge, demand, accept, or receive,
•directly or indirectly, any fee, compensation, contribution, or gratuity for any
iservice or duty performed as an official or employee of the bureau.




34

T E X T OP THE LAWS

Sec. 16. Statements as to strikes, etc.— Each person applying for employees at
any public employment office shall file, in such form and manner as the director
may require, a signed statement affirming or denying the existence of an industrial
dispute, strike, or lockout at or in connection with the business or place of business
for which such person is applying for help. Any citizen or employee may file at
any public employment office a signed statement with regard to the existence of an
industrial dispute, strike, or lockout affecting any business or trade. Each state­
ment filed shall be exhibited in the public employment office, but not until it has
been communicated to the employees affected if filed by employers, or to the
employers affected if filed by citizen or employees. In case a reply to such
statement is received, it shall be exhibited, together with the original statement,
in the public employment office; but no statement or reply thereto shall be so exhib­
ited until it has been ascertained, upon investigation, that an industrial dispute,
strike, or lockout does exist at or in connection with the business or place of
business in question. No official of the bureau shall assist, in any manner what­
soever, any person, firm, association, or corporation who is a party to an indus­
trial dispute, strike, or lockout. Each person applying to any public employment
office for help or employment shall give such information as the director may
require.
Sec. 17. Full information.— It shall be the duty of the officer in charge of each
public employment office, and of his assistants, to give full and complete informa­
tion with regard to any position offered, and the terms and conditions relative
thereto, to any person applying for such position; and to call the attention of such
applicant to any statement, or reply thereto, with reference to the existence of any
industrial dispute, strike, or lockout affecting the business or trade in which the
position is offered.
Sec. 18. Refusing offer.— No applicant for employment shall suffer any dis­
qualification, or be otherwise prejudiced, at any public employment office on
account of refusing to accept employment offered. The reliability and fitness of
an applicant for the particular position which he is to fill shall always be taken into
consideration in referring him to an employer. No applicant procuring employ­
ment with any employer other than the State, through the medium of the bureau
or its officials, shall be regarded in any sense as an employee or official of the State.
Sec. 19. Children.— In case bureaus for vocational training and placement, or
other similar bureaus, are established by local school authorities, the director shall
cooperate with such bureaus in dealing with the employment of children between
the ages of 14 and 18 years, in such manner as may be advisable. The director
shall use all reasonable means to promote the establishment of bureaus for voca­
tional training and placement, in connection with vocational education by public
school authorities throughout the State. Until bureaus for vocational training
and placement, or other similar bureaus, have been established by local public
school authorities, for the purposes of directing, advising, and assisting children in
the selection of suitable vocations, the director shall provide school principals and
all public employment offices with special blank forms for the registration of all
children having employment certificates, as required by law, and leaving school
lawfully in search of employment. Each child applying for employment may
register at a public or other approved school with the principal of such school; and
the principals of public or other approved schools are hereby authorized and re­
quired to register such applications for employment, to assist and advise each
applicant in the selection of a vocation^ in such manner as may be necessary, and
to transmit immediately to the superintendent of the district branch office all
applications for employment registered. The superintendent of each public em­
ployment office shall cooperate with the school principals in his district in endeav­
oring to secure suitable positions for children leaving school lawfully to enter a
vocation, and shall guide and induce minors to enter promising vocations; and
each principal shall acquaint the teachers and pupils of his school with the purpose
and functions of the public employment office in placing juveniles.
Sec. 20. Exemptions.— No provision of any section of this act shall be construed
as applying to agents procuring employment for school teachers exclusively; nor
to registries of any incorporated association of nurses; nor to departments or bu­
reaus maintained by persons, firms, or corporations or associations, for the pur­
pose of obtaining help for themselves, where no fee is charged the applicant for
employment.
Sec. 21. False statements.— Any person willfully making any untrue statement

in applying to any public employment office shall be guilty of a misdemeanor, and
on conviction thereof shall be punished by a fine of not more than $100, or by
imprisonment not exceeding six months, or both, at the discretion of the court.




PUBLIC EMPLOYMENT AGENCIES

35

Sec . 22. Violations.— Except as herein provided otherwise, any person who
violates any of the provisions of this act shall be guilty of a misdemeanor, and on
conviction thereof shall be punished by a fine of not more than $100, or by impris­
onment not exceeding one year, or both, at the discretion of the court.

ACTS OF 1929
A ct N o. 175.— [Reorganization of executive departments]
A rticle 22.— D epartment of L abor and I ndustry
Section 2210. Employment and unemployment.— The department of labor and
industry shall have the power:
(a) To endeavor to bring together employers seeking employees and applicants
for employment;

(b) To supervise all public and private employment agencies;
(c) To report on the extent of unemployment, the remedy therefor, and the
means for the prevention thereof;
(d) To establish employment offices or labor exchanges at convenient places
throughout the Commonwealth;
(e) To promote the intelligent distribution of labor, and when necessary, to
assist in securing transportation for employees desiring to go to places where work
is available.
ACTS OF 1931
A ct No. 346

[Act provides for an appropriation of $50,000 to the department of labor and
industry for the purpose of establishing an experimental employment agency in
Philadelphia.]
PHILIPPINE ISLANDS
ACTS OF 1911-12
A ct No. 2129.—Employment offices—Public registry of workmen
Section 1. Registry authorized.— Municipal councils organized under act num­
bered 82, and the townships of Mindoro, Palawan, and Batanes, are hereby au­
thorized to establish a general register of mechanics or day laborers residing in
their respective municipalities. Said register shall be in charge of the municipal
secretary, who shall keep same in his office and at the disposal of the public for
the purposes of this act.
Sec. 2. Registration.— The municipal treasurer shall, as soon as the municipal
council shall have so ordered by resolution, carefully ascertain the trade of each
person presenting himself in his office to pay for his registration certificate or per­
sonal cedula, for the purpose of separating and making a list of those persons who
are mechanics or day laborers by occupation, and the list made in the manner
hereinafter specified shall be turned over to the municipal secretary for the pur-

the
of such persons in the register
for
*
rovided, That
list shall contain the name,
status,
sitio of
?ose of enteringsaid names person registered, andage, civilprovidedbarriobyorthis act:
residence, and trade of the
whether such person is then em­

ployed or unemployed: And provided further, That in municipalities where there
are free labor exchanges or employment agencies established as provided in section
2 («) of act numbered 1868 [see post, Acts of 1917, act No. 2711, sec. 2059 (e)] the
duties hereby imposed on the municipal secretary shall be performed by the
superintendent of said exchanges or agencies.
Sec . 3. Register to be open.— The register or registers provided for in the next
preceding section shall be at the disposition of the public.
Sec. 4. Dates of contracts to be entered.—As soon as said mechanics or day labor­
ers shall have accepted the conditions of a contract and both parties thereto shall
have complied with all of the requirements of existing laws regulating the relations
between employers and laborers, the municipal secretary shall note in the register
in his office, by the side of each name, the date on which such mechanics or day
laborers were contracted and the name of the person, contractor, company, or firm
to whom they are to render their services.
Sec. 5. Termination of contract.— Upon the cancellation or termination of the
contract the contractor or contractors or employers shall report the fact to the




36

T E X T OP THE LAWS

municipal secretary, who shall make a note of it under the proper date by the side
of the respective name or names.
Sec . 6. Employment not restricted.— Nothing herein contained shall be under­
stood to restrict the liberty of a mechanic or day laborer to seek employment or
occupation elsewhere, subject to the provisions of an act numbered 2098, he being
obliged only, when he does so, to report the fact to the municipal secretary for the
purpose of noting his name in the register: Provided, That no fee shall be charged
for the work of making the entries, notations, and registrations provided for in
this act.
Sec. 7. Reports.— The municipal secretary shall send a report of current trans­
actions or statistics regarding mechanics and day laborers registered in his office
to the bureau of labor, monthly or quarterly, as may be ordered by the director
of labor.

ACTS OF 1917
A ct N o. 2711.— Administrative code (bureau of labor)
Section 2059. Powers and duties.— The bureau of labor shall have the power,
and it shall be its duty: * * *
(e)
To organize in such towns in the Philippine Islands as it may deem necessary
or advisable one or more free employment agencies. A fee in an amount to be
fixed by the director of labor, with the approval of the department head, may be
collected by said director from employers for services performed by an employ­
ment agency in securing servants and employees. An employment agent shall
not be subject to the provisions of the civil service law, unless his appointment
shall so state.
PUERTO RICO

ACTS OF 1923
A ct N o. 51.— Free employment agencies
Section 1. Office createdJ— There is hereby created a general employment
agency in charge of an officer who shall be appointed by the commissioner of
agriculture and labor whose official denomination shall be the general employment
agent, and who shall draw the salary assigned to him in the general budget of the
Island. It shall be the duty of said officer to make investigations and to suggest
remedies for the solution of such problems as relate to the ends and purposes here­
inafter determined and every three months he shall render a report of the result of
his work to the commissioner of agriculture and labor.
Sec. 2. Purposes, etc.— The purposes and objects of this agency shall be as
follows:

(а) To obtain full information as to the means of obtaining remunerative labor
for all persons requesting such work without reference to sex;
(б) To study the best methods and plans of foreseeing, avoiding, and deciding
the problem of lack of employment;
(c)
To study the form whereby the people of Puerto Rico, the municipalities, or
any of their dependencies, may offer opportunity of public labor during periods of
great industrial crises or business depression;
(id) To open temporary offices in charge of labor inspectors to which the public
shall have access. Bulletins giving information relative to available employment
and work shall be posted in said offices;
(e) To compile, classify, and publish all applications for work made through the
agency, and all offers of employment received thereby, communicating the same to
interested parties;
(f) To acquire reports relative to the capacity and conduct of persons offering or
applying for employment, preparing a classified list thereof, which shall be kept
secret. The agency shall likewise preserve a statement of testimonials of its
clients, certificates of good conduct, physical ability, time of service in the trade or
specialty engaged in, and the hours of labor and wages or remuneration desired;
(g) To endeavor to obtain information from abroad where possibilities of em­
ploying laborers under adequate and remunerative conditions exist;
(h) To establish and develop relations with employment agencies and the
Employment Service of the Department of Labor of the United States.
1 By Act No. 15, Acts of 1931, the department of labor was created, separate and distinct from the depart*
ment of agriculture.




PUBLIC EMPLOYMENT AGENCIES

37

Sec. 3. Reports.— The general employment agent shall prepare annually and
forward to the commissioner of agriculture and labor for insertion in his report a
detailed and complete statement of work done, and statistics relative thereto.
Sec . 4. Same.— Statistics shall show the trades or professions of applicants, the
number of days and months during which they have been unemployed or waiting
for employment, salaries demanded by them, and the salaries offered or accepted
by them; the changes of service to which they are subject, the place where laborers
come from, the address of employers or enterprises, and any other information
which may serve as a basis for the study of these matters so as to cover them in all
their aspects.

Sec. 5. Strikes and lockouts.— An employer or any representative of an employ­
er or of a laborer, may register in the employment agency a signed declaration
relative to the existence of a strike or lockout affecting his trade or profession. Said
declaration shall not be exhibited in the office until the employers affected, if made
by laborers, or the laborers affected, if made by employers, shall have been in­
formed thereof. In case of receipt of an answer to the notification it shall be
exhibited by the agency. If any employer affected by the declaration notifies the
employment agency of a vacancy or vacancies, the officer in charge of filling the
same shall inform any person applying for such position or positions of the declara­
tions made.
Sec. 6. Refusing employment.— No person shall be disqualified or in any manner
prejudiced for refusing to accept any employment or work that may be offered him
by the employment agency when such refusal is based on the existence of a strike or
lockout affecting the work, or when the wages are lower than current wages in the
trade or in the district or locality where such work or employment is offered.
Sec. 7. Offices.— The agent may organize a central office or branches with
separate entrances for men, women, and children. He may likewise subdivide the
same into sections for agricultural or other labor, as in his judgment may seem
proper.
Sec. 8. Children.— Persons between the ages of 14 and 18 years shall be regis­

tered on special forms which the agent shall prepare in agreement with the com­
missioner of agriculture and labor. Such application shall be accompanied by the
certificates and other requirements of the law relative to the work of women and
children. The general employment agent shall endeavor to obtain from the
Department of Education of Puerto Rico the establishment of night schools for the
purpose of furnishing primary education to such children as must abandon school
to work for their subsistence. Employers employing such children or youths shall
require of them, fortnightly, a certificate from the teacher of the night school which
they attend. Special forms for this purpose and for use by children or youths
under these conditions shall be prepared by the agent in cooperation with the
commissioner of agriculture and labor.
Sec. 9. Transfer of applications.— The general employment agent may transfer
applications for work or employment from places where an excess of hands exist to
places in the United States where there is a demand for laborers. For this purpose
he shall prepare lists of such demands for work or employment as there may exist
in the country or out of the country, in accordance with the provisions of this act,
and shall forward the same for publication to the press and to the superintendents
of all branches of the general employment agency. Said superintendents shall
post such lists in conspicuous places and of free access to the public, for their
inspection and information. Whenever proper and advisable the general em­
ployment agency may publish bulletins for the purpose of giving information of
its purposes and objects and of general conditions of labor within as well as outside
of the Island, and shall establish relations with the Department of Labor of the
United States.
Sec . 10. Fees, etc., forbidden.— Any agent, employee or subordinate or any other
person appointed under the provisions of this act who directly or indirectly accepts
any fee, compensation or donation, or who shall use improper means for giving
information, employment or work to any person, shall be guilty of misdemeanor
and punished by a fine not to exceed $500, or by imprisonment for a term not to
exceed six months, or by both penalties, in the discretion of the court, and shall be
disqualified for any other office in this bureau.
Sec. 11. References.— All testimonials, references or other documents confided
by the interested party to the general employment agency shall be returned upon
application, proper receipt being taken therefor.
Sec. 12. Inspection.— The general employment agency and its branches shall
always be open to the inspection of the commissioner of agriculture and labor.




38

T E X T OF THE LAWS

Sec. 13. Definitions.— In this act, unless from the context thereof it is other­
wise deduced, the following definitions of words and phrases shall be accepted:

“ Employer” includes all natural or artificial persons and the administrator,
superintendent, foreman, agent, overseer or representative of said natural or
artificial person, having charge of the employment of persons for the carrying out
of any work or labor of any enterprise.
“ Employment and work” refers to lucrative occupation including all work or
labor in factories, mills, centrals, machine shops or establishments or places of any
kind where a factory or mechanic enterprise exists; in warehouses, stores, establish­
ments or places of any kind where mercantile transactions are carried on; in
estates, plantations, properties, or places of any kind where agricultural, horti­
cultural or pasturing enterprises exist, and in all mining or fishing enterprises
where persons are employed for wages in an intellectual or manual capacity.
“ Establishments” includes buildings, factories, shops, stores or other establish­
ments of like nature where persons are engaged in any lucrative occupation.
ACTS OF 1930
A ct No. 46.— Bureau of commerce and industry
Section 4. Branch established in New York.— The Governor of Puerto Rico is
also hereby authorized to establish a branch or agency of the bureau of commerce
and industry in New York City, * * *
An employment service shall be organized and conducted in the New York
agency, the object of which shall be to obtain employment for persons residing in
Puerto Rico who desire to go to the United States, and for natives of Puerto Rico
residing in the United States who are without work or employment, in coopera­
tion with the personnel of the division of labor of the Department of Agriculture
and Labor of Puerto Rico.
ACTS OF 1931
A ct No. 15.— Department of labor

[Sec. 17 of this act reorganizing the department of labor, provides for an em­
ployment service as follows:]
Section 17. The employment service shall consist of a chief with such person­
nel as may be necessary to enforce all legislation now in force, or which may be
enacted in future, in connection with the employment service, and to enforce
such Federal legislation as may be assigned to the Department of Labor of Puerto
Rico in cooperation with the Federal Department of Labor.
The commissioner of labor shall have power, and he is hereby authorized to
extend the facilities of this service outside of Puerto Rico, by means of agents or
representatives paid by the Department of Labor of Puerto Rico; and he shall
also have authority to enforce all such laws in regard to this service as may be
hereafter enacted by the Legislature of Puerto Rico.
RHODE ISLAND

GENERAL LAWS, 1923
C hapter 88.— Free employment offices
Section (1157) 1. Offices to be established.— There shall be established and
maintained, under the care and direction of the commissioner of industrial statis­
tics, in such towns or cities as may be selected after proper investigation by said
commissioner, free employment offices for the purpose of bringing together those
who seek employment and those who desire to employ.
Sec. (1158) 2. Equipment and officers.— The said commissioner is hereby au­
thorized and directed to organize in each city or town so selected, a free public em­
ployment office which shall be provided with suitable rooms, furniture, and equip­
ment required for the transaction of the business provided for in this chapter, and
shall appoint such clerical assistants as may be necessary for each of said offices,
to discharge, under the direction of said commissioner, the duties hereinafter set
forth, or which may be required by said commissioner in carrying out the purpose
of this chapter.
Sec. (1159) 3. Registers.— It shall be the duty of said commissioner to receive
and record, in books suitably arranged, all applications from those seeking em­
ployment and also from those seeking to employ, and to take such other action as



PUBLIC EMPLOYMENT AGENCIES

39

may be deemed best to carry out the purposes of said offices. Such records shall
show plainly in brief the qualifications of all applicants, and such other facts as
may be deemed necessary by said commissioner, who shall furnish to each office
all such record books, forms, blanks, or other stationery and postage as may be re­
quired in conducting the office. Each office shall be plainly indicated by a proper
sign or signs.
Sec. (1160) 4. Who may register.— The privilege of registration shall be con­
fined to residents of this State, and no fees, direct or indirect, shall in any case be
taken from anyone applying at any office maintained under the provisions of this
chapter.
Sec. (1161) 5. Fees forbidden.— Any clerk or employee who directly or indi­
rectly charges or receives any fee in the performance of his duties shall be deemed
guilty of a misdemeanor, and shall be subject to a fine of not more than $100, or
be imprisoned not exceeding 30 days. Such fine or imprisonment shall dis­
qualify him from ever having further connection with said offices.
Sec . (1162) 6. Reports.— There shall be made from each office to said commis­
sioner a weekly report of such applications for labor or employment as may be
registered in said office, with such details as may be required by the commis­
sioner. Said commissioner may cause such reports to be printed at proper inter­
vals, the same to be exchanged between said offices, and may supply to the
newspapers and to the citizens, upon request, such reports, which shall be posted
in a conspicuous place in the several offices, so that they may be open to public
inspection.
Sec. (1163) 7. Applications void, when.— Every application for employment or
help made to a free public employment office shall become void after 30 days

from its receipt unless renewed by the applicant.
Sec. (1164) 8. Definitions.— The term “ applicant for employment,” as used in
this chapter, shall be construed to mean any person seeking work of any lawful
character, and “ applicant for help” shall mean any person or persons seeking
help in any legitimate enterprise; and nothing in this chapter shall be construed
to limit the term “ work” to manual occupation, but shall include professional
service, and all other legitimate service.
Sec. (1165) 9. Report of employment.— If any applicant for help has secured
the same, he shall, within 10 days thereafter, notify the employment office to
which application therefor was made, and such notice shall contain the name and
last preceding address of the employees received through such office. If any
such applicant neglects to notify such office, he shall be barred from all future
rights and privileges of such employment office, in the discretion of said commis­
sioner, to whom a report of such neglect shall have been made.
Sec. (1166) 10 (as amended 1930, ch. 1556). Appropriations.— [The legisla­
ture must make an annual appropriation for carrying out the provisions of the
act establishing free employment offices in certain cities and towns.]
SOUTH DAKOTA

COMPILED LAWS, 1929
C hapter 12.— Free employment agencies
Section 10126-A. Employment service established.— The State employment

service department of the State of South Dakota is hereby established. The
State immigration commissioner shall also be the executive officer of the State
employment service department, and the management of such department shall
be under his supervision. He shall have authority to appoint agents who shall be
under the direction of the commissioner of immigration as may be required in
carrying out the provisions of this act. Such agents being located at convenient
points in the State for the handling of the movements of labor of all classes, with
the view that labor will not be congested at any one point to an extent as to dis­
turb the best interests of the State, and to use their endeavors to keep the supply
of labor filled at the places where it is desired and in seasonable time: Provided,
That the county commissioners of any county may appropriate money to aid in
maintaining of free employment agents in connection with the State free employ­
ment service not to exceed the sum of $500 in any one year.
Such agents may be located at points in the State which will best serve to
carry out the provisions and intent of this act, and the commissioner in charge
has power to enter into agreements with governing bodies of cities or counties
whicn desire such service to use a portion of the fund provided by the State to
assist in maintenance of any such service put into effect by such governing bodies,



40

TE X T OP THE LAWS

or he may establish offices at points where he deems to be of the best interest of
employment and maintain the same.
The commissioner of immigration in his capacity of head of the State employ­
ment service department is empowered to employ such clerical assistance as is
necessary to carry out the provisions of this law and fix their compensation; to
secure and distribute the necessary books and forms for keeping a record of the
movements of labor, and those placed in positions through such department,
and all reports required to be made to that end.
Sec . 10126-B. Duties of agents.— The agents in charge of any of the employ­
ment offices established under the provisions of this act, and under the direction
of the commissioner of immigration, shall receive applications from those seeking
employment and from those seeking employees and shall register every applicant
on properly arranged cards or forms provided by the immigration commissioner.
Sec . 10126-C. Reports.—’Each such agent shall make [to] the commissioner of

immigration such periodic reports of applications for labor or employment and
all other details of the office work of each office, and the expense of maintaining
the same as the commissioner may require.
Sec. 10126-D. Aid to employees.— The commissioner shall render all aid and
assistance necessary for the enforcement of any claim by an employee against his
employer which the commissioner finds reasonable and just and for the protection
of the employee from frauds, extortions, exploitations or other improper practices
on the part of persons public or private, and shall investigate such claims for the
purpose of presenting the facts to the proper authorities and of inducing action
thereon by the various agencies of the State possessing the requisite jurisdiction.
Sec . 10126-E. Notices of strikes or lockouts.— An employer, or a representa­
tive of employers or employees, may file at a public employment office a signed
statement with regard to a strike or lockout affecting their trade. Such state­
ment shall be posted in the employment office, but not until it has been commun­
icated to the employers affected if filed by employees, or to the employees affected
if filed by the employers. In case a reply is received to such a statement, it shall
also be posted in the employment office with the same publicity given the first
statement. If an employer affected by a statement notifies the public employ­
ment office of a vacancy or vacancies the officer in charge shall advise any appli­
cant for such vacancy or vacancies of the statements posted.
Sec . 10126-F. Advertising.— The commissioner of immigration shall have
power to solicit business for the public employment offices established under this
act by advertising in newspapers and in any other way he may deem expedient,
and take other steps that he may deem necessary to insure the success and effi­
ciency of such offices: Provided, That the expenditure under the provisions shall
not exceed 5 per cent of the total expenditure for the purpose of this act.
Sec . 10126-G. Fees.— No fees direct or indirect shall in any case be charged or

received from those seeking the benefits of this act.
Sec . 10126-H. Penalty for violations.— Any agent or clerk, subordinate or
appointee, appointed under the provisions of this act who shall accept directly or
indirectly any fee, compensation or gratuity from any one seeking employment or
labor under this act, shall be guilty of a misdemeanor and shall be punished by a
fine of not more than $100 or by imprisonment in jail not to exceed three months,
or both, and shall thereafter be disqualified from holding any office or position in
such department.
Sec . 10126-1. Publications.— The department shall publish a bulletin in which
shall be made public all possible information with regard to the state of the labor
market, including reports of the businesses of the various public employment
offices.
Sec . 10126-J. Registration.— For the purposes specified in the foregoing section

every employment officer or agency established under this act, shall keep a register
of applicants for work and applicants for help in such form as may be required by
the commissioner of immigration in order to afford the same information as that
supplied by State offices. Such register shall be open to inspection by the com­
missioner of immigration and information therefrom shall be furnished to him at
such times and in such form as he may require.




PUBLIC EMPLOYMENT AGENCIES

41

UTAH

COMPILED LAWS, 1917
Industrial commission
Section 3076 (as amended 1921, ch. 67).

Power of commission.— It shall also
be the duty of the commission and it shall have full power, jurisdiction, and author­
ity: * * *
(6) To establish and conduct free employment agencies, and license, supervise
and regulate private employment officers and to do all in its power to bring to­
gether employers seeking employees and working people seeking employment
and to make known the opportunities for employment in this State;
(7) To collect, collate, and publish all statistical and other information relating
to employees, employers, employments, and places of employment and such other
statistics as it may deem proper;
VERMONT
ACTS OF 1931
A ct N o. 117.— Public employment offices
Section 1. Maintenance of.—The commissioner of industries shall maintain

employment offices in such municipalities as the governor and said commissioner
may designate provided said municipality furnish suitable quarters, heat, light,
telephone and janitor services. Such employment office shall fully record all
applications made or filed by persons seeking employment or labor, endeavor to
secure emplovment or labor for persons so applying and shall make reports on its
activities. Charges shall not be made for any service performed. Such employ­
ment office shall give preference to residents of the State over others and may co­
operate with the United States Employment Service. The expense of such offices
shall be paid from the regular appropriation for the commissioner of industries.
VIRGINIA
ACTS OF 1924
C hapter 410.— Free public employment offices
Section 1. Bureau created.—In order to promote the establishment and main­
tenance of free employment offices for men, women, and minors who are legally
q ualified, seeking employment, and for employers desiring workers, there is hereby
created in the department of labor a free employment bureau. It shall be in
charge of the commissioner of labor, who shall appoint an assistant, whose duties
shall be to supervise the work of the said bureau and its branch offices, under the
direction of the commissioner, and who shall receive an annual salary to be fixed
by the commissioner of labor. There shall also be appointed in said bureau by
the commissioner of labor such assistants and other employees as are necessary to
carry out the provisions of this act.
Sec . 2. Duty of commissioner of labor.— It shall be the duty of the commissioner
of labor, and he shall have the power, jurisdiction, and authority:

(a) To establish and conduct free employment offices in the State, where, in the
opinion of the commissioner, such action may be deemed advisable and expedient;
to in all proper ways, within the limitations of this act, bring together employers
seeking employees and applicants for employment seeking employers; to make
known the opportunities for self-employment in the State; to devise and adopt
the most efficient means to avoid unemployment; to cooperate with existing State
and Federal agencies in extending vocational guidance to minors seeking employ­
ment.
(b) To establish and maintain such sections of the employment service as will
best serve the public welfare.
Sec. 3. Information to be public.— Said employment bureau shall make public,
through the newspapers and other media, information as to situations it may have
applicants to fill, and establish relations with employers for the purpose of sup­
plying demands for labor. Said bureau shall collect, collate, and publish statis­
tical and other information relating to the work under its jurisdiction; investigate
economical developments and the extent and cause of unemployment, and reme­
dies therefor, within and without the State, with the view of preparing for the




42

T E X T OP THE LAWS

information of the general assembly such facts as in its opinion may make further
legislation desirable.
Sec. 4. Federal cooperation.— The commissioner of labor is hereby authorized
to enter into agreement with the governing authorities of any municipality, coun­
ty, township, or school corporation in the State for such period of time as may be
deemed desirable for the purpose of establishing and maintaining local free employ­
ment offices and for the extension of vocational guidance to minors. The commis­
sioner is likewise authorized, with the advice of the governor, to enter into such
cooperative agreement as may be deemed desirable with the United States Em­
ployment Service, or such bureau of the United States Department of Labor as the
Secretary thereof may hereafter designate, or other Federal agency as Congress may
hereafter authorize for the purpose of securing financial aid from "the United States
Government for the establishment and maintenance of free employment service
and the extension of vocational guidance to minors.
Sec . 5. Local cooperation.— It shall be lawful for the governing authorities of
any municipality, county, township, or school corporation in the State to enter
into cooperative agreement with the commissioner of labor, and to appropriate
and expend the necessary money to permit the use of public property for the joint
establishment and maintenance of such offices as may be mutually agreed upon
and which will further the purposes of this act.
Sec. 6. Appropriations.—For the purpose of carrying out the provisions of this

act there is hereby appropriated out of the general funds of the State, not other­
wise appropriated, the sum of $2,500 per annum. Upon the certificate of the
commissioner of labor, the auditor is hereby directed to audit and the treasurer to
pay expenses of said free employment service, not exceeding the sum of $2,500 per
annum.
Sec . 7. Farm labor.— The established agency [shall] be directed to cooperate with
the local county agricultural farmer agents and farmers’ organizations in ascer­
taining needs of labor and distribution among farming classes.

WEST VIRGINIA
CODE OF 1931
C hapter 21.— Labor
A rticle 2.— State E mployment A gencies
Section 1. Bureau created.— The commissioner of labor shall maintain in con­
nection with his department, a public agency to be known as the “ State public em­
ployment agency,” for the purpose of receiving and filing applications of persons
seeking employment and of persons or firms seeking to employ labor. There shall
be no fee or compensation charged or received, directly or indirectly, from persons
applying for employment or from those desiring to employ labor through said
agency.
Sec . 2. Federal cooperation.— The commissioner of labor may accept coopera­
tion from the Federal Government in the establishment and maintenance within
the State of such employment agency.
Sec . 3. Duty of commissioner of labor.— It shall be the duty of the commissioner
of labor to communicate with employers of labor, and said commissioner is author­
ized to advertise or use such other methods and means as he deems practicable to
supply the demand of employers and to provide employment for those who have
filed their applications with such employment agency.

WISCONSIN
STATUTES, 1931
Free employment offices
Section 101.10. Powers of industrial commission.—It shall be the duty of

the industrial commission and it shall have the power, jurisdiction, and
authority: * * *
(9) To establish and conduct free employment agencies, to license and supervise
the work of private employment offices, to do all in its power to bring together
employers seeking employees and working people seeking employment, to make
known the opportunities for self-employment in this State, to aid in procuring em­
ployment for the blind adults of the State, to aid in inducing minors to undertake
promising skilled employments, to provide industrial or agricultural training for



PtTBLIC EMPLOYMENT AGENCIES

43

vagrants and other persons unsuited for ordinary employments, and to encourage
wage earners to insure themselves against distress from unemployment. It shall
investigate the extent and causes of unemployment in the State of Wisconsin and
the remedies therefor in this and other countries, and it shall devise and adopt the
most efficient means within its power to avoid unemployment, to provide employ­
ment, and to prevent distress from involuntary idleness.
(9a) Any county, city, town or village may enter into an agreement with the
Wisconsin Industrial Commission for such a period of time as may be deemed
desirable for the purpose of establishing and maintaining local free employment
offices, and it shall be lawful for any county, city, town or village to appropriate
and expend the necessary money and to permit the use of public property for the
joint establishment and maintenance of such offices as may be agreed upon, or in
counties containing 250,000 inhabitants or more in any city, town or village therein
to purchase a site and construct necessary buildings: Provided, however, That no
local free employment office shall be established by the industrial commission in
any county containing 250,000 inhabitants or more, or in any city, town or village,
to be maintained in whole or in part by public funds unless such county, city, town
or village, shall jointly or severally agree to furnish as a minimum in the joint
enterprise, suitable quarters for such office, which must be approved by the indus­
trial commission and to pay all expenses for such quarters such as rent, heat, light,
furniture, telephone rental and janitor service. The industrial commission may
defray all other expenses in connection with such office: Provided further, That in
any county, city, village or town therein, wherein there is a citizens’ committee on
unemployment, such committee shall have the power to rent, lease, purchase or
construct necessary buildings for the joint establishment and maintenance of such
free employment office.
WYOMING

REVISED STATUTES, 1931
C hapter 65, A rticle 4.— Employment agencies
Section 65-411. Exceptions.— Free employment bureaus now organized or es­
tablished, or which may hereafter be organized or established, in this State, shall
not be subject to the provisions of this article. [Secs. 65-401 to 65-410 are under
Private Employment Agencies (see p. 143).]
UNITED STATES

46 UNITED STATES STATUTES AT LARGE, 1354
Public employment service
To enable the Secretary of Labor to foster, promote, and develop the welfare
of the wage earners of the United States, including juniors legally employed, to
improve their working conditions, to advance their opportunities for profitable
employment by regularly collecting, furnishing, and publishing employment infor­
mation as to opportunities for employment; maintaining a system for clearing
labor between the several States; cooperating with the Veteran s’ Administration
to secure employment for veterans; cooperating with and coordinating the public
employment offices throughout the country, including personal services in the
District of Columbia and elsewhere; traveling expenses, including expenses of
attendance at meetings concerned with the work of the Employment Service when
specifically authorized by the Secretary of Labor; supplies and equipment, tele­
graph and telephone service, and miscellaneous expenses, $383,780 [is appro­
priated].
46 UNITED STATES STATUTES AT LARGE, 1575
United States Employment Service
To carry out the provisions of an act entitled “ An act to provide for the estab­
lishment of a national employment system and for cooperation with the States in
the promotion of such system, and for other purposes,” if said act becomes law,
all unexpended appropriations available at the time of the enactment thereof for
expenditure by the Employment Service of the Department of Labor, shall be
available for expenditure by the United States Employment Service, Department
of Labor, in the same manner and to the same extent as if the said United States
Employment Service had been directly named in the laws making such appropria­




44

TEX T OP THE LAWS

tions; and in addition to such sums, there is hereby appropriated for expenditure
by such United States Employment Service, for such purposes, a sum, which
together with the sums hereinbefore mentioned in this paragraph, shall not exceed
$1,500,000, all of which shall be available immediately after said act becomes law:
Provided, That if the act herein referred to does not become a law at the present
session of Congress, then there is hereby appropriated for the Employment Serv­
ice, Department of Labor, fiscal year 1932, the sum of $500,000, to be immediately
available, for the same objects and purposes specified under this head in the act
making appropriations for the Department of Labor for such fiscal year, and of
such sum not to exceed $17,650, shall be available for personal services in the
District of Columbia.
[The act referred to above passed both Houses of Congress but was vetoed by
the President. The proviso therefore became operative at once, and public em­
ployment offices under the j urisdiction of the Federal Government were established.]




Private Employment Agencies
ALASKA

SESSION LAWS, 1927
C hapter 59.— Private employment agencies
Section 1. Any person, firm or corporation prosecuting, or attempting to

prosecute, any of the following lines of business, or who shall employ any of the
following appliances, in the Territory of Alaska, shall apply for and obtain a
license and pay for said license, for the respective lines of business and appliances,
as follows: * * *
Par. 7. Employment agencies, operating for hire and collecting a fee for
service, $500 per annum.
ARIZONA

LAWS OF 1931
C hapter 112.—Private employment offices
Section 1. Definitions.— The term “ employment agent” shall mean and in­

clude all persons, firms, corporations, or associations which, for a fee, commission,
or charge, furnish to persons seeking employment information enabling or tending
to enable such persons to secure the same, or which furnish employers seeking
laborers or other help of any kind, information enabling or tending to enable such
employers to secure such help, or which keep a register of persons seeking em­
ployment or help as aforesaid, whether such agents conduct their operations at a
fixed place of business, on the streets or as transients, and also whether such
operations constitute the principal business of such agents or only a side line or
an incident to another business; but this term shall not include any employer who
procures help for himself only, or an employee of such an employer who procures
help for him and does not act in a similar capacity for any other employer.
Sec. 2. Misrepresentations.— No person, firm, association, or corporation, or
any employee or agent thereof, shall make any false statement to any person
furnishing or seeking employment, knowing the same to be false, in regard to any
employment, work or situation, its nature, location, duration, wages or salary
attached thereto, or the circumstances surrounding the said employment, work
or situation. No employment agent shall offer or hold himself out as in a posi­
tion to secure or furnish employment without having an order therefor from an
employer; and no employment agent shall misrepresent any other material
matter in connection with any employment, work or situation he may offer or
hold himself out in a position to secure.
Sec . 3. Inquiry as to truth.— Every employment agent shall assure himself
beyond a reasonable doubt that any representations whatsoever, whether spoken,
written or advertised in printed form, which he makes with regard to any employ­
ment, work or situation, and which leads or may lead persons to seek such em­
ployment, work or situation, are true and cover all the material facts affecting
the employment in question.
Sec. 4. Fee splitting.— No employment agent nor any employee or agent
thereof, shall divide or offer to divide, or share directly or indirectly, any fee,
charge, or compensation received from any applicant for employment, with any
employer, superintendent, manager, foreman, or any other person who hires help
or to whom help is furnished by an employment agent; and it shall be unlawful
for any employer, superintendent, manager, foreman, or any other person who
hires help to receive any compensation or any valuable consideration from any
applicant for employment or from any employment agent for giving employment
to said applicant or to any employees furnished by said employment agent.
Sec. 5. License.— No person, firm, corporation, or association shall engage in
the business of an employment agent for profit, or receive any fee, charge, com45
161109°—33------4




46

T E X T OF THE LAWS

mission or other compensation, directly or indirectly, for services as an employ­
ment agent without first having obtained a license from the Industrial Commis­
sion of Arizona and executing a bond as hereinafter provided. Said license shall
constitute a license from this State to operate as an employment agent for com­
pensation and shall not be transferable to any other person or persons whatever,
or inure to the benefit of any person other than the licensee.
Sec. 6. Application—Bond.—Application for the foregoing license shall be
made to the industrial commission and shall be accompanied by a bond in due
form to the State of Arizona for the penal sum of $1,000 issued by a surety com­
pany licensed to do business in this State to be approved by the industrial com­
mission, conditioned that the agent will conform to and not violate any of the
duties, terms, conditions, or requirements of this act.
Sec. 7. Fees.— Each such license shall expire on June 30, next following the
date of issue and may be renewed annually. The fee for such license or renewal
shall be as follows: One per cent on the first $5,000 of the fees, charges, commis­
sions, or other compensation actually received during the life of the license or
renewal by an employment agent for service as such; three-fourths of 1 per cent
on the second $5,000 of such receipts; and one half of 1 per cent of all such re­
ceipts in excess of $10,000: Provided, That in no event shall such fee be less than
$25 nor more than $150. The minimum fee shall be paid before a license or re­
newal thereof is issued. Each employment agent to whom a license has been
issued as required herein shall file with the industrial commission within the first
10 days of July in each year, a verified statement showing the actual fees, charges,
commission, or other compensation received by him for services as such agent
during the preceding year and with such statement shall pay the balance, if any,
of such license fee due the State. Such fees shall be paid to the industrial com­
mission, and shall be paid by it into the general fund of the State treasury
within one week of receipt.
Sec. 8. Authority of commission.— The industrial commission is vested with the
power and jurisdiction to have such supervision of every employment agent as
may be necessary adequately to enforce and administer all laws and lawful orders
designed to prevent fraud, misrepresentation, false statements, or other unauthor­
ized acts of such employment agent.
Sec . 9. Visitorial power of commission.— Any commissioner or deputy of the

commission may enter any employment office or the place of business of any
employment agent for the purpose of collecting facts and statistics, examining
the records or registers kept by such employment agent, and bringing to the atten­
tion of such agent any law or any order of the commission, or any failure on the
part of such employment agent to comply therewith. No employment agent
shall refuse to admit any commissioner or deputy of the commission to his place
of business.
Sec. 10. Inquisition.— Any employment agent receiving from the commission
any blanks calling for information required by it to carry out the provisions of this
act, with directions to fill the same, shall cause the same to be properly filled out
so as to answer fully and correctly each question therein propounded, and in case
he is unable to answer any question he shall give a good and sufficient reason for
such failure, and said answer shall be verified by two witnesses, and returned to
the commission at its offices within the period fixed by the commission.
Sec. 11. Schedule of fees.—Every applicant for a license to engage in the busi­
ness of an employment agent shall file with the commission, within a time fixed
by the commission, a schedule of the fees or charges made by such employment
agent both to applicants for employment and for help for any services rendered
to such applicants, together with all rules or regulations that may in any manner,
affect the fees charged or to be charged for any service. No license shall be issued
to such applicant unless such fees and such rules or regulations are reasonable.
Such fees and such rules or regulations may be changed only with the approval
of the industrial commission and when changed shall be filed with said commis­
sion. It shall be unlawful for any employment agent to charge, demand, collect
or receive a greater compensation for any service performed by him than is speci­
fied in the schedule filed with the commission and no employment agent shall
charge a registration fee without permission from the industrial commission.
Sec. 12. Receipts.— It shall be the duty of every licensed person conducting

an employment agency to give every applicant for employment from whom a fee
shall be received a receipt in which shall be stated the name and address of such
employment agency, the name and address of the person to whom the applicant
is sent for employment, the name of the applicant, the date, the amount of fee, the
kind of work or service to be performed, the general conditions of employment,




PRIVATE EMPLOYMENT AGENCIES

47

including among other things the rate of wages or compensation, whether or not
board and lodging is to be furnished, the hours of employment, the cost of trans­
portation and whether or not it is to be paid by the employer, the time of such
service, if definite and if indefinite to be so stated, and the name of the person
authorizing the hiring of such applicant. There shall be printed on the face of
the receipt in prominent type the following: “ This agency is licensed by the
industrial commission of the State of Arizona.” All receipts shall be made and
numbered in original and duplicate. The original shall be given to the applicant
paying the fee and the duplicate shall be kept on file at the employment agency.
The receipts used by such licensed agents shall be approved by the industrial
commission.
Sec. 13. Return of fee.— No such licensed person shall send out any applicant
for employment without having obtained either orally or in writing a bona fide
order therefor. In case the applicant paying such fee fails to obtain employment
such licensed agent shall repay the amount of said fee to such applicant upon
demand being made therefor; in cases where the applicant paying such fee is sent
beyond the limits of the city in which the employment agency is located, and the
applicant fails to receive employment, such licensed agent shall repay in addition
to the said fee any actual expenses incurred in going to and returning from any
place where such applicant has been sent: Provided, That where the applicant is
employed and the employment lasts less than seven days, or the total paid in
wages is less than $25, by reason of the discharge of applicant, the employment
agent shall return to said applicant only the fee paid by such applicant to the
employment agent.
Sec. 14. Revocation of license.— It shall be the duty of the industrial commission
and it shall have power, jurisdiction and authority to issue licenses to employment
agents, and to refuse to issue such license, whenever, after due investigation, the
commission or a majority of the members thereof finds that the character of the
applicant makes him unfit to be an employment agent, or when the premises for
conducting the business of an employment agent is found upon investigation to be
unfit for such use, or whenever, upon investigation by the commission it is found
and determined that the number of licensed employment agents, or that the
employment agency operated by the United States, by the State or by the munic­
ipality, or by two or more thereof jointly, in the community in which the applicant
for a permit proposes to operate is sufficient to supply the needs of employers and
employees. Any such license granted by the commission may also be revoked by
it upon due notice to the holder of said license, and upon due cause shown.
Failure to comply with the duties, terms, conditions, or provisions of this act, or
with any lawful orders of the commission, shall be deemed due cause to revoke
such license.
Sec . 15. Records, etc.— The commission shall have the power, jurisdiction and
authority to fix and order such reasonable rules for the conduct of the business
of any employment agent as may be necessary adequately to carry out the pro­
visions of this act, and to ascertain and fix reasonable classifications of employ­
ments or positions. It may prescribe the form of books, registers or records to be
kept by the employment agent, the receipts or copies of contracts to be handed
to persons referred to employment, the reports to be made to the commission,
the refunds to be made to applicants who failed to secure employment; and it
may order any other measures reasonably necessary to protect the public, or
persons seeking employment, or employees seeking help, against fraud, misrep­
resentation, or any other unauthorized act of any employment agent.
Sec. 16. Local city clerks to aid.— The clerk of every city and town in which
there is no licensed or public employment agency as provided in section 5 of this
act, may solicit, receive and record applications of persons seeking employment for
any period of time, and of persons desiring to employ labor, and every employer
shall pay to any such clerk 25 cents for each time he assists in furnishing such
labor. The clerk of every city and town, serving under the terms of this act,
shall, on or before the first day of each month, report all placements made by
him to the industrial commission, to be by them compiled as part of the general
employment statistics of the State.
Sec. 17. Violations.— Any person who violates any of the provisions of the
foregoing sections of this article shall be guilty of a misdemeanor and upon con­
viction thereof shall be fined not less than $50 nor more than $300 or imprisoned
in the State prison for not more than six months, or both such fine and imprison­
ment in the discretion of the court.




48

TEX T OF THE LA WS

ARKANSAS

1927 SUPPLEMENT, CRAWFORD & MOSES’ DIGEST
C hapter 105.— Labor and statistics—Employment agency
Section 6548a. License fees.— No person, firm, or corporation shall open,

operate, or maintain a private employment agency for hire, nor shall any person,
firm, or corporation engage in hiring labor, or soliciting emigrants or laborers in
this State to go beyond the limits of this State, without first obtaining a license
from the commissioner of labor, and payment of license fee therefor, and such
license fee shall be $200 per year. Such license shall be of force for one year
unless sooner revoked, or from date of issue until the end of the State’s fiscal
year, and may be renewed from year to year upon payment of license fee. Each
license shall contain the name of the person, firm, or corporation to whom issued,
together with the designation of the city, street and number of building in which
the licensed party conducts such agency or proposes to conduct such employment
agency, or solicit emigrants or laborers, in this State. The license, together
with a copy of this act, shall be posted in a conspicuous place in each place of
business of each such licensee. The commissioner of labor shall require of each
application for license a good and sufficient bond in the penal sum of $1,000 to be
approved by the attorney general, and conditioned that the obligator [obligor] will
not violate any of the duties, terms, conditions, provisions or requirements of this
act; the commissioner of labor or any prosecuting attorney of any district of
this State, is authorized to bring or cause action to be brought in the name of the
State for any violation of its provisions. The commissioner of labor may, after
a hearing, revoke any license whenever the party licensed shall have violated any
of the provisions of this act.
Sec. 6548b. Same.— No person, firm or corporation shall conduct an employ­
ment bureau or agency, or offer to secure labor or employment for any person, or
solicit or procure laborers on the streets of any city or municipality or on any
highway in this State without such person, firm, or corporation shall have first
secured a permit or license from the commissioner of labor. Application for such
permit or license shall be made, either in person or by writing, by the person, firm
or corporation, and shall state fully the condition, nature, terms and place of
employment, for which labor is solicited: Provided, That where labor is solicited
to be employed by any firm, person or corporation within this State, and where no
fee is charged, or where such labor is to be employed by such firm, person or
corporation soliciting or offering to hire labor within this State, the commissioner
of labor may grant a license or permit without charge. But where such employ­
ment or labor is to be performed without the borders of this State, then the provi­
sions of section 6548a shall apply.
Sec. 6548c. Registers; offenses.—Every licensed agency shall keep a register in
substantial book in the form approved by the commissioner of labor, in which
shall be registered the age, sex, nativity, trade or occupation, name and address
of every applicant. Such licensed agency shall also enter into a register the name
and address of every person who shall make application for help or servants and
the name and nature of the employment for which such help or servants shall be
wanted. Such register shall, at all reasonable hours, be open to the inspection and
examination of the commissioner of labor or his agent. No such licensed agency
shall accept a fee from any applicant for employment, or send any applicant to a
place for employment without having obtained either orally or in writing, a bona
fide order therefor. No licensed person conducting an employment agency shall
publish or cause to be published any false or fraudulent or misleading information,
representation, notice or advertisement; all advertisements of such employment
agency by means of cards, circulars, or signs and in newspapers and other publica­
tions, and all letterheads, receipts, and blanks shall be printed and contain the
licensed name and address of such employment agent and the word “ agency” and
no licensed person shall give any false information or make any false promise or
false representation concerning an engagement or employment to any applicant
who shall register or apply for an engagement or employment or help. No
licensed person shall send .an applicant to any place where a strike, lockout or
other labor trouble exists without notifying the applicant of such conditions and
shall in addition thereto enter a statement of such facts upon the receipt given to
such applicant. No licensed person shall divide fees with an employer, or an
agent of an employer, or with any superintendent, manager, foreman, or other
employee or any person, firm, or corporation to which help is furnished.




PRIVATE EMPLOYMENT AGENCIES

49

No licensed agency shall send or caused to be sent any female help or servants
to any place of bad repute, house of ill fame or assignation house, or any house or
place of amusement kept for immoral purposes. No licensed agency shall make
any false entries in the register to be kept as herein provided. Where a fee is
charged for filing or receiving applications or securing employment or help, said
total fee or remuneration shall in no sense exceed the sum of $2, for which a
receipt shall be given, in which shall be stated the name of the applicant, the
amount of the fee, the date, the name of the work or situation to be procured.
In case the said applicant shall not obtain a situation or employment through
such licensed agency within one month after registration with said agency, then
said agency shall forthwith repay and return to such applicant, upon demand
being made therefor, the full amount of the fee paid or delivered by said applicant
to said licensed agency: Provided, That in cases where the applicant paying such
fee is sent beyond the limits of the city in which the employment agency is located,
and through no fault of applicant fails to secure employment, such licensed agency
shall repay in addition to the said fee any actual expenses incurred in going to and
returning from any place where such applicant had been sent; Provided, further,
where the applicant is employed and the employment lasts less than seven days
by reason of the discharge of the applicant, the employment agency shall return to
said applicant the fee paid by such applicant to the employment agency, or such
portion of said fee as in the judgment of the commissioner of labor may be ade­
quate.
Sec. 6548d. [Relates to public employment offices. See p. 8.]
Sec. 6548e. Definitions.— A private employment agency for hire is defined and
interpreted to mean any person, firm, corporation, association, society, or organi­
zation engaging in the business of furnishing employment or help or giving infor­
mation as to where employment or help may be secured or displaying any employ­
ment sign or bulletin, or, through the medium of any card, circular or pamphlet,
or otherwise offering to secure employment or help. The term “ applicant for
employment” as used in this act shall be construed to mean any person seeking
work of any lawful character, and “ applicant for help’’shall mean any person or
persons seeking help in any legitimate [service] and nothing in this article shall be
construed to limit the meaning of the term “ work” to manual occupation, but it
shall include professional services, and all other legitimate service.
Sec. 6548f. Disposition of money.— The commissioner of labor shall make an
itemized account of all moneys received by him under the provisions of this act,
and pay the same into the State treasury as provided by law.
Sec. 6548g. Violations.— Any person convicted of a violation of any of the

provisions of this act shall be guilty of a misdemeanor and shall be fined not less
than $50 nor more than $250 for each offense, or be imprisoned in the county jail
for a period not to exceed 30 days, or both, at the discretion of the court.
Sec. 6548h. Construction.— Should any section or sections of this act be held

invalid by the courts, it shall not thereby be understood as affecting, and shall not
affect the other provisions of this act.

CALIFORNIA
ACTS OF 1913
C hapter 282.— Private employment offices
Section 1 (as amended 1927, ch. 333; 1929, ch. 89). Definitions.— When used
in this act the following terms are defined as herein specified:

The term “ person” means and includes any individual, company, society,
firm, partnership, association, corporation, manager, contractor, or subcon­
tractor, or their agents or employees.
The term “ employment agency” or “ agency” means and includes the business
of conducting, as owner, agent, manager, contractor, subcontractor, or in any
other capacity an intelligence office, domestic or commercial employment agency,
theatrical employment agency, motion picture employment agency, teachers’
employment agency, general employment bureau, shipping agency, nurses’ reg­
istry, farm labor agency or any other agency or office for the purpose of procuring
or attempting to procure employment or engagements for persons seeking employ­
ment or engagements, or for the registration of persons seeking to procure or
retain such employment or engagement, or for giving information as to where and
of whom such help, employment or engagement may be procured or for providing
such work or engagements where a fee or other valuable consideration is exacted,




50

T E X T OF THE LAWS

or attempted to be collected, directly or indirectly, for such services, whether
such business is conducted in a building or on the street or elsewhere. The
term further means and includes any person, firm, partnership, corporation,
service bureau, or organization, or club, or school, or any agent or attorney
thereof, that shall, by advertisement or otherwise offer as one of its main objects
or purposes, to procure employment for any person who shall pay for its services,
or that collects dues, tuition, or membership or registration fees of any sort
whatsoever where the main object of the person paying the same is to secure
employment: Provided, That nothing in this act shall be construed to include
a nonprofit organization or corporation, organized for the purpose of economic
adjustment, civic betterment and the giving of vocational guidance and place­
ment to its members; and in which none of the directors, officers or employees
thereof receive any profit other than a nominal salary for services performed for
the organization or corporation; and in which 110 fee is charged for employment
services other than a membership fee or dues entitling the person paying the
same to full participation and benefits of the organization or corporation; and
in which such membership fees or dues charged are used solely for maintenance
of the organization or corporation; Providedt further, That all organizations
and corporations charging membership fees or dues and engaged in furnishing
employment to their members must, in order to be exempt from the provisions
of this act under this section, file, on or before the first day of April of each year,
with the commissioner of the bureau of labor statistics, a copy of their by-laws
and constitutions, together with a sworn statement setting forth their place of
business, the names and addresses of their officers, directors and employees and
the salaries they receive, and showing also the various benefits furnished to mem­
bers of such organization or corporation and the membership fees and dues charged
or collected by such organization or corporation from its members.
The term * theatrical employment agency” means and includes the business
'1
of conducting an agency, bureau, office, or any other place for the purpose of
procuring or offering, promising or attempting to provide engagements for
circus, vaudeville, theatrical or other entertainments or exhibitions or perfor­
mances, or of giving information as to where such engagements may be procured
or provided, whether such business is conducted in a building, or on the street
or elsewhere.

The term “ motion picture employment agency” means and includes the busi­
ness of conducting an agency, bureau, office or any other place for the purpose of
procuring or offering, promising or attempting to provide engagements for or
employment in motion pictures, or in connection with the motion picture indus­
try, or of giving information as to where such engagements or employment
may be procured or provided, whether such business is conducted in a building
or on the street or elsewhere.
The term “ theatrical engagement” means and includes any engagement or
employment of a person as an actor, performer or entertainer in a circus, vaude­
ville, theatrical or other entertainment, exhibition or performance.
The term “ motion picture engagement” means and includes any engagement
or employment of a person as an actor, actress, director, scenario or continuity
writer, camera man or in any other capacity in which employment concerned
with the making of motion pictures may be offered or secured for the employee.
The term “ emergency engagement” means and includes an engagement which
has to be performed within 24 hours from the time when the contract for such
engagement is made.
The term “ fee” means and includes any money or other valuable consider­
ation paid or promised to be paid for services rendered or to be rendered by
any person conducting an employment agency of any kind under the provisions
of this act. Such term includes any excess of money received by any such person
over what has been paid out by him for the transportation, transfer of baggage,
or board and lodging for any applicant for employment. Such term also includes
the difference between the amount of money received by any such person who
furnished employees, performers or entertainers for circus, vaudeville, theatrical
or other entertainments, exhibitions or performances, and the amount paid
by him to the said employees, performers or entertainers whom he hires or pro­
vides for such entertainments, exhibitions or performances. It also includes
the difference between the amount of money received or to be received, by such
person who furnishes farm laborers to others for a valuable consideration and
the amount paid by him to the said farm laborers he hires or provides.
The term “ privilege” means and includes the furnishing of food, supplies,
tools or shelter to contract laborers, commonly known as commissary privileges.




PRIVATE EMPLOYMENT AGENCIES

51

The term “ registration fee” means and includes any charge made, or attempted
to be made, for registering or listing an applicant for employment, or for letter
writing, cost of photograph, or film showing of applicant, charge for costume,
or any other charge of like nature, made, or attempted to be made, without
having a bona fide order for the placement of said applicant in a position.
The term “ commissioner of labor” or “ commissioner” means the commissioner
of the bureau of labor statistics.
Terms used in the masculine gender include the feminine and neuter and the
singular number includes the plural and the plural the singular.
dec. 2 (as amended 1927, ch. 333). License.— A person shall not open, keep,
maintain or carry on any employment agency, as defined in the preceding section,
unless he shall have first procured a license therefor, as provided in this act from
the commissioner of labor. Such license shall be posted in a conspicuous place in
said agency. Any person who shall open or conduct such an employment agency
without first procuring said license or who shall fail to list, in his application to the
commissioner for a license or renewal of license, all persons, except bona fide em­
ployees on stated salaries, financially interested, either as partners, associates or
profit sharers, in the operation of the employment agency in question shall be
guilty of a misdemeanor and shall be punished as in section 18 of this act provided.
If any person who has been granted a license to operate an employment agency
under this act sells, transfers or gives away any interest in, or the right to partici­
pate in the profits of, the said agency without the written consent of the commis­
sioner of labor, the said license issued to him immediately becomes void and must
thereupon be surrendered by him to the said commissioner.
Sec. 3 (as amended 1927, ch. 333). Applications.— An application for such a
license shall be made to the commissioner of labor. Such application shall be
written and in the form prescribed by the commissioner of labor and shall state the
name and address of the applicant; the street and number of the building or place
where the business is to be conducted; whether the applicant proposes to conduct
a lodging house for the unemployed separate from the agency which he proposes
to conduct; the business or occupation engaged in by the applicant for at least
two years immediately preceding the date of application. Such application shall
be accompanied by the affidavits of at least two reputable residents of the city to
the effect that the applicant is a person of good moral character. The application
must further contain the names and addresses of all persons, except bona fide em­
ployees on stated salaries, financially interested, either as partners, associates or
profit sharers, in the operation of the agency in question, together with the amount
of their respective interests.
Sec. 4 (as amended 1915, ch. 551; 1927, ch. 333; 1931, ch. 827). Duties of com­
missioner.— Upon receipt of an application for a license the commissioner of labor
may cause an investigation to be made as to the character and responsibility of
the applicant and of the premises designated in such application as the place in
which it is proposed to conduct such agency. The commissioner of labor or his
deputies may administer oaths, subpoena witnesses and take testimony in respect
to matters contained in such application and in respect to complaints of any char­
acter against the applicant for such license, and upon proper hearing may refuse
to grant a license. Each application shall be granted or refused within 30 days
from date of filing. No license shall be granted to a person to conduct the busi­
ness of an employment agency in rooms used for living purposes, or where boarders
or lodgers are kept, or where meals are served, or where persons sleep, or in con­
nection with a building or premises where intoxicating liquors are sold or consumed
or in connection with pool halls or soft drink parlors. No license shall be granted
to a person whose license has been revoked within three years from the date of
application. Each license shall run to and including the 31st day of March next
following the date thereof and no longer, unless sooner revoked by the commis­
sioner of labor, and may be renewed each year upon filing of an application for
renewal, renewed bond and the payment of the annual license fee, but the commis­
sioner may, if he chooses, demand that a new application and bond be submitted.
The commissioner of labor shall have the power and authority to revoke or sus­
pend any license when it is shown that the licensee or his agent has violated or
*
i x.
,
..
..
or when such licensee has
conditions under which the
when the licensee or his agent
has violated or has willfully and knowingly aided or abetted any person, firm,
company or corporation in the violation of any provision or in the failure to
comply with any requirement of section 3664aa of the Political Code or of section
50% of the public utilities act; nothing in this act contained, however, shall inter­




52

TEX T OP THE LAWS

fere with the right of employers to arrange with such licensees for the transporta­
tion of laborers to their prospective places of employment. Before revoking or
suspending any license the commissioner shall notify, in writing, the holder of such
license of the charges against him and afford an opportunity to be heard in person
or by counsel in reference thereto. The commissioner or his deputies may admin­
ister oaths, subpoena witnesses and take testimony at the hearing and shall not be
bound by the technical rules of evidence in conducting such a hearing. Obedience
to the subpoenas issued by the commissioner of labor or his deputies shall be en­
forced by the courts in any county or city and county. The rulings of the com­
missioner shall be presumed to be prima facie reasonable, and his findings of fact
shall, in the absence of fraud, be conclusive and shall be set aside by the courts
only on the following grounds:
1. That the commissioner of labor acted without or in excess of his powers.
2. That the determination was procured by fraud.
The decision of the commissioner of labor either refusing, suspending or revok­
ing a license under this act shall be subject to review in accordance with the pro­
visions of chapter 1 of title 1 of part 3 of the Code of Civil Procedure, pertaining to
writs of review or certiorari, at any time within 30 days after notice of the same
is given to the party affected thereby.
Sec. 5. Contents of license.—Every license shall contain the name of the person
licensed, a designation of the city, street and number of the house in which the
person licensed is authorized to carry on the said employment agency, and the
number and date of such license. Such license shall not be valid to protect any
other than the person to whom it is issued or any place other than that designated
in the license and shall not be transferred or assigned to any other person unless
consent is obtained from the commissioner of labor, as hereinafter provided. If
such licensed person shall conduct a lodging house for the unemployed separate
and apart from such agency, it shall be so designated in the license.
Sec. 6. Transfer.— A license granted as provided in this article shall not be
assigned or transferred without the written consent of the commissioner of labor.
No license fee shall be required upon such assignment or transfer. The location of
an employment agency shall not be changed without the written consent of the
commissioner of labor.
Sec . 7 (as amended 1915, ch. 551; 1927, ch. 263). License fee.— Every person
licensed under the provisions of this act to carry on the business of an employment
agency shall pay to the commissioner of labor, annually, at the time the license is
issued or renewed, a license fee of $100 in cities, or cities and counties, having a
population of over 100,000; a license fee of $50 in cities having a population
of over 25,000 and not exceeding 100,000; and a license fee of $10 in all cities
or towns having a population of less than 25,000, all figures as to population
to be based on the latest United States Government census. Such persons shall
also deposit before such license is issued, or renewed, with the commissioner of
labor, a surety bond in the penal sum of $2,000 in cities, or cities and counties,
having a population of over 100,000; a surety bond in the penal sum of $1,000 in
cities having ^population of over 25,000 and not exceeding 100,000; and a surety
bond in the penal sum of $500 in cities or towns having a population of less than
25,000, all figures as to population to be based on the latest United States Govern­
ment census. Such surety bonds to be approved by the commissioner of labor
and such bonds shall be payable to the people of the State of California, and shall
be conditioned that the person applying for the license will comply with the
provisions of this act and will pay all damages occasioned to any person by reason
of misstatement, misrepresentation, fraud or deceit or any unlawful acts or
omissions of any licensed person, his agents or employees, while acting within the
scope of their employment, made, committed or omitted in the business conducted
under such license or caused by any other violation of this act in carrying on the
business for which such license is granted. All moneys collected for licenses as
provided herein and all fines collected for violation of the provisions hereof shall be
paid into the State treasury and credited to the general fund.
Sec . 8. Suits.— All claims or suits brought in any court against any licensed
person may be brought in the name of the person damaged upon the bond depos­
ited with the people of the State of California by such licensed person as provided
in section 7, and may be transferred and assigned as other claims for damages in
civil suits. The amount of damages claimed by plaintiff, and not the penalty
named in the bond, shall determine the jurisdiction of the court in which the action
is brought. Where such licensed person has departed from the State with intent
to defraud his creditors or to avoid the service of a summons in an action brought
under this section, service shall be made upon the surety as prescribed in the Code
of Civil Procedure. A copy of such summons shall be mailed to the last-known



PRIVATE EMPLOYMENT AGENCIES

53

post office address of the residence of the licensed person and the place where he
conducted such employment agency, as shown by the records of the commissioner
of labor. Such service thereof shall be deemed to be made when not less than the
number of days shall have intervened between the dates of service and the return
of the same as provided by the Code of Civil Procedure for the particular court in
which suit has been brought.
Sec . 9. Registers.— It shall be the duty of every licensed person to keep a
register, approved by the commissioner of labor, in which shall be entered, in the
English language, the date of the application for employment, the name and
address of the applicant to whom employment is promised or offered, or to whom
information or assistance is given in respect to such employment; the amount of
fee received, and such other information as the commissioner of labor shall require.
Such licensed person shall also enter in the same or in a separate register, approved
by the commissioner of labor, in the English language, the name and address of
every applicant accepted for help, the date of such application, kind of help
requested, the names of the persons sent, with the designation of the one employed,
the amount of the fee received and the rate of wages agreed upon, and such other
information as the commissioner of labor may require. No such licensed person,
his agent or employees, shall make any false entry in such registers.
Sec. 10. Inspection.— All registers, books, records and other papers kept pur­
suant to this act in any employment agency shall be open at all reasonable hours
to the inspection of the commissioner of labor and to any of his duly authorized
agents or inspectors and every licensed person shall furnish to the commissioner
upon request a true copy of such registers, books, records and papers or any
portion thereof, and shall make such reports as the commissioner may prescribe.
Sec. 11 (as amended 1923, ch. 412). Receipts.— It shall be the duty of every
licensed person conducting an employment agency to give to every applicant for
employment from whom a fee is to be received a contract or receipt, in which
shall be stated the following particulars: The name and address, and telephone
number, if any, of the employment agency; the name and address of the person
giving the order for help, the date and consecutive number of the receipt of such
order by the agency, and its manner of transmission; the date and consecutive
number of issuing the contract; the name of the applicant; the name and address
of the person in [to] whom the applicant is sent for employment; the address
where the applicant is to report for position; the amount of fee charged and
collected from the applicant; the amount of fee, if any, paid or advanced by the
prospective employer; the cost of transportation and by whom paid or advanced;
the kind of work or employment; the general conditions of employment, with
particular regard to sanitary conditions and compliance with labor laws affecting
the employment as shown by the statement of the prospective employer; the
daily hours of work; the wages or salary, including any other consideration or
privilege; whether or not board or lodging, or both, is to be furnished; the em­
ployment, to be stated if definite or indefinite, or if temporary or permanent (to
be deemed permanent only if lasting beyond 90 days); any other term, condition,
or understanding agreed upon between the agency and the applicant must be
stated in the contract. If any labor trouble exists at the place of employment the
facts thereof must be stated in the contract. There shall be printed on the face
of the contract in prominent type the following: “ This agency is licensed by the
commissioner of labor of the State of California.” At the bottom of the contract
there shall appear a notice to the effect that the contract is the property of the
applicant and must not be taken from him or her, and also a notice directing the
employer to state on the reverse side of the contract, in the space to be provided
therefor, the fact that he discharged the applicant after employing him or her
less than seven days and the number of days of such employment, as the case
may be. The licensed person must in such contract undertake to repay the
applicant the fee and expenses in the event of failure to procure employment
pursuant to the provisions of section 12 of this act, and to refer any controversy
between the applicant and the employment agency regarding the terms of the
contract to the commissioner of labor for adjustment. Every such contract, or
receipt, shall be made and numbered consecutively, in original and duplicate,
both to be signed by the applicant and the person acting for the employment
agency; the original shall be given to the applicant and the duplicate shall be kept
on file at the agency.
The blank forms of contracts and receipts used by such licensed employment
agencies shall be uniform and be approved by the commissioner of labor.
Each employer to whom an applicant is sent in response to an application for
an employee or employees must state on the reverse side of the contract, in the
space provided therefor, the fact that he refused to employ the applicant or dig


54

TE X T OF THE LAWS

charged him or her after employing him or her less than seven days, as the oase
may be.
It shall be unlawful for any such licensed employment agency knowingly to
issue a contract for employment containing any term or condition which if com­
plied with, would be in violation of law, or to attempt to fill an order for help to
be employed in violation of law.
Sec . 11a (as amended 1923, ch. 413). Schedule of fees.— It shall be the duty of
every licensed person conducting an employment agency to file with the commis­
sioner of labor a schedule of fees to be charged and collected in the conduct of the
business of such agency. In such schedule, the various employments shall be
classified, and in each class the maximum fee shall be fixed at a uniform rate and
shall include the charges of every kind rendered or to be rendered by the agency
in each case or transaction on behalf of the prospective employer and a prospective
employee leading to employment. Changes in the said schedule may be made
from time to time, but no such change shall become effective until seven days
after the date of filing same with the commissioner of labor, and until posted
for not less than seven days in a conspicuous place in the agency. A copy of the
schedule with the changes noted thereon, if any, as in effect shall be kept posted
in each room of the agency frequented by applicants for help or employment, and
the said posted schedule and the changes therein shall be in lettering or printing
of not less than 12-point Cheltenham roman type. The date of the taking effect
of the schedule and of each change therein shall appear on the posted copies and
a certificate thereof shall be procured from the commissioner of labor and kept
posted in a conspicuous place in the agency. No fee charged or collected shall
be in excess of the fee as scheduled and in force at the time of the issuing of the
contract for employment.
Sec. 12 (as amended 1915, ch. 551; 1927, ch. 334; 1929, ch. 215). Orders; return
of fees.— No such licensed person shall accept a fee from any applicant for em­
ployment, or send out any applicant for employment without having obtained,
either orally or in writing a bona fide order therefor, and in no case shall such
licensed person accept, directly or indirectly, a registration fee of any kind.

In case the applicant paying a cash fee fails to obtain employment such licensed
agency shall repay the amount of said fee to such applicant upon demand being
made therefor, and unless the same is returned within 48 hours after demand,
then the applicant shall be compensated for the time waited by the said licensed
person paying to the applicant an additional sum equal to the amount of the fee
paid. A notice to this effect must be inserted in the employment receipt given
the applicant and included in the schedule of fees required to be posted in a con­
spicuous place in the office of the agency. Nothing in this provision, however,
shall be construed to apply to controversies arising on account of other provisions
of this act.
In cases where the applicant paying or agreeing to pay a fee is sent beyond the
limits of the city in which the employment agency is located, such licensed agency
shall, in addition to repaying any fee paid, reimburse the said applicant for any
actual expenses incurred in going to and returning from any place where such
applicant has been sent: Provided, however, Where the applicant is employed and
the employment lasts less than seven days by reason of the discharge of the appli­
cant, the employment agency shall return to said applicant the fee paid by such
applicant to the employment agency, or such portion of said fee as in the judgment
of the commissioner of labor may be adequate.
Sec. 13. False information, etc.— No licensed person conducting an employment
agency shall publish or cause to be published any false or fraudulent or misleading
information, representation, notice or advertisement; all advertisements of such
employment agency by means of cards, circulars, or signs and in newspapers and
other publications, and all letterheads, receipts, and blanks shall be printed and
contain the licensed name and address of such employment agent and the word
agency, and no licensed person shall give any false information, or make any false
promise or false representation concerning an engagement or employment to any
applicant who shall register or apply for an engagement or employment or help.
Sec. 14 (as amended 1915, ch. 551). Sending to certain places; notice of strikes.—

No licensed person conducting an employment agency shall send or cause to be
sent, any woman or minor under the age of 21 years, as an employee to any house
of ill fame or to any house or place of amusement for immoral purposes or to places
resorted to for the purpose of prostitution, or gambling houses, the character of
which such licensed person could have ascertained upon reasonable inquiry. No
licensed person shall send any minor under the age of 18 years to any saloon or
place where intoxicating liquors are sold to be consumed on the premises. No
licensed person shall knowingly permit any person of bad character, prostitutes,



PRIVATE EMPLOYMENT AGENCIES

55

gamblers, intoxicated persons or procurers to frequent such agencies. No licensed
person shall accept any application for employment made by or on behalf of any
child, or shall place or assist in placing any such child in any employment what­
ever in violation of the child labor law. No licensed person shall send an ap­
plicant to any place where a strike, lockout or other labor trouble exists without
notifying the applicant of such conditions and shall in addition thereto enter a
statement of such facts upon the receipt given to such applicant. No licensed
person shall divide fees with an employer, or an agent of an employer, or with any
superintendent, manager, foreman, or other employee of any person, firm, or cor­
poration to which help is furnished.
Sec . 15. Theatrical agencies.— Every licensed person conducting a theatrical
employment agency, before making a theatrical engagement, except an emergency
engagement, for any person with any applicant for services in any such engagement
shall prepare and file in such agency a written statement signed and verified by
such licensed person setting forth how long the applicant has been engaged in the
theatrical business. Such statement shall set forth whether or not such applicant
has failed to pay salaries or left stranded any companies, in which such applicant
and, if a corporation, any of its officers or directors, have been financially interested
during the five years preceding the date of application and, further, shall set forth
the names of at least two persons as references. If such applicant is a corporation,
such statement shall set forth the names of the officers and directors thereof and
the length of time such corporation or any of its officers have been engaged in the
theatrical business and the amount of its paid-up capital stock. If any allegation
in such written, verified statement is made upon information and belief, the per­
son verifying the statement shall set forth the sources of his information and the
grounds of his belief. Such statement so on file shall be kept for the benefit of any
person whose services are sought by any such applicant as employer.
Sec. 16. Same.— Every licensed person who shall procure for or offer to an ap­
plicant a theatrical engagement shall have executed in duplicate a contract
containing the name and address of the applicant; the name and address of
the employer of the applicant and of the person acting for such employer in em­
ploying such applicant; the time and duration of such engagement; the amount
to be paid to such applicant; the character of entertainment to be given or services
to be rendered; the number of performances per day or per week that are to be
given by said applicant; if a vaudeville engagement, the name of the person by
whom the transportation is to be paid, and if by the applicant, either the cost of
the transportation between the places where said entertainment or services are
to be given or rendered, or the average cost of transportation between the places
where such services are to be given or rendered; and if a dramatic engagement the
cost of transportation to the place where the services begin if paid by the appli­
cant; and the gross commission or fees to be paid by said applicant and to whom.
Such contracts shall contain no other conditions and provisions except such as are
equitable between the parties thereto and do not constitute an unreasonable re­
striction of business. The form of such contract shall be first approved by the
commissioner of labor and his determination shall be reviewable by certiorari.
One of such duplicate contracts shall be delivered to the person engaging the
applicant and the other shall be retained by the applicant. The licensed person
procuring such engagement for such applicant shall keep on file or enter in a book
provided for that purpose a copy of such contract.
Sec. 17. Act to be posted.— Every licensed person shall post in a conspicuous
place in each room of such agency a copy of this act. Such printed law to also
contain the name and address of the officer charged with the enforcement of this
act. The commissioner of labor shall furnish printed copies of this act to the
employment agencies.
Sec. 18 (as amended 1927, ch. 264). Violations.—Any person, firm or corpo­
ration, or any agent or officer thereof, violating or omitting to comply with any
of the provisions of this act shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not less than $25 or more than $250 or by
imprisonment for a period of not more than 60 days, or by both such fine and
imprisonment.
Sec. 19 (as amended 1923, ch. 412). Enforcement.— To carry out the purpose
of this act, the commissioner of labor is vested with full power, authority and
jurisdiction to prescribe rules and regulations, not inconsistent with any provi­
sion of this act, for the purpose of facilitating and making certain, uniform and
effective the enforcement of the provisions of this act; and in all cases of contro­
versy arising under this act the parties involved therein shall refer the matters in
dispute to the commissioner of labor, who shall hear and determine the same,
subject to appeal within ten days to the superior court where the same shall be




56

TE O T E L W
XT F H A S

heard de novo, and to stay any award for money, the party aggrieved shall
execute a bond to be approved by the said superior court in a sum not exceeding
twice the amount of said judgment. In all other cases said bond shall be in a sum
of not less than $1,000 to be approved by the said superior court. The com­
missioner of labor, his deputies and agents, shall have the power and authority
of sheriffs and other peace officers to make arrests for violations of the provisions
of this act and to serve any process or notice throughout the State.
ACTS OF 1919
C h apter

(21.— Private employment offices

S e c t io n 1. Trade schools, classed as agencies.— Any person, firm, association, or
corporation who conducts for gain any trade school or classes of instruction for
the teaching in whole or in part of any trade, art, science, or occupation requiring
special skill, and who, for gain or hire furnishes or agrees to furnish in connection
therewith facilities or information to pupils and employers of labor whereby the
labor or services of any such pupils are engaged to be employed in the trade, art,
science or occupation thus taught at stipulated wages or other valuable con­
sideration, shall be held to conduct a private employment agency and be subject
to all the laws and regulations governing such agencies.
Sec . 2. Application of act.— Nothing contained in this act shall apply to trade

schools or classes of instruction conducted by or in connection with any public
school, public institution, parochial school, charitable school or institution,
private business schools, teaching shorthand, typewriting, bookkeeping, mechan­
ical and other usual business subjects or trade schools connected therewith or
any school employing teachers having certificates issued by the public-school
authorities to teach any particular trade, art, science or occupation.

COLORADO
COMPILED LAWS, 1921
C hapter

77.—Employment agencies

P r i v a t e E m p l o y m e n t A g e n c ie s
S e c t i o n 4295 (as amended 1929, ch. 145). Licences, register.— No person, firm
or corporation in this State shall open, operate or maintain a private employment
agency for hire, or where a fee is charged to either applicant for employment or
for help without first obtaining a license for the same from the deputy State labor
commissioner. Such license fee in cities of 25,000 or more population shall be
$50 per annum; in all cities and towns containing less than 25,000 and more than
5,000 population, a fee of $25 per annum, and in all cities and towns under 5,000
population a fee of $10 per annum will be required. Every license shall contain
a designation of the city, street and number of the building in which the licensed
party conducts such employment agencies. The license, together with a copy
of this act, shall be posted in a conspicuous place in each and every employment
agency. No agency shall print, publish or paint on any sign, window, or insert
in any newspaper or publication a name similar to that of the Colorado free
employment office.
The deputy State labor commissioner shall require with each application for
a license a bond in the penal sum of $1,000 with two or more sureties to be ap­
proved by the said deputy State labor commissioner, and conditioned that the
obligor will not violate any of the duties, terms, conditions, provisions or require­
ments of this act. The said deputy State labor commissioner is authorized to
cause an action or actions to be brought on said bond in the name of the people of
the State of Colorado for any violation of any of its conditions; he may also
revoke, upon a full hearing, any license where the party licensed shall have violated
any of the provisions of this act. The deputy State labor commissioner shall have
power to refuse to issue a license whenever, after due investigation, he finds that
the character or business methods of the applicant unfits him to conduct a
private employment office, or when the premises for conducting the business of
a private employment office is found upon investigation to be unfit for such use.
It shall be the duty of every licensed agency to keep a register in which shall be
entered the name and address of every applicant. Such licensed agencies shall
also enter upon a register the name and address of every person who shall make




PRIVATE EMPLOYMENT AGENCIES

57

application for help or servants and the name and nature of the employment for
which such help shall be wanted. Such register shall, at all reasonable hours, be
open to the inspection and examination of the deputy State labor commissioner
or his agents. Such licensed agency shall report monthly to the office of the
deputy State labor commissioner the number of applicants registered and the
number of positions filled by the agency during the preceding month.
Sec. 4296 (as amended, 1929, ch. 145). Acts forbidden] fees.— No agency shall
send or cause to be sent any female help or servant to any place of bad repute,
house of ill fame, or assignation house, any place of questionable character, or to
any house or place of amusement kept for immoral purposes. No such licensed
agency shall publish or cause to be published any notice or advertisement solic­
iting persons to register with such agency and demanding a fee or remuneration
therefor, for positions or jobs unless such agency actually has on its books a defi­
nite and reliable order from a responsible source to fill such places. No such li­
censed agency shall publish or cause to be published any false or fraudulent notices
or advertisements or give any false information, or make any false promises con­
cerning or relating to work or employment to anyone who shall register for em­
ployment and no licensed agency shall make any false entries in the register to be
kept as herein provided. No person, firm or corporation shall conduct the
business of any employment office in, or in connection with, any place where
gambling of any character is carried on or indulged in. In all cases a receipt
shall be given in which shall be stated the name of the applicant, the amount of
the fee, the date, the name or character of the work or situation procured, and the
name of the party from whom the position is to be secured. In case the said
applicant shall not obtain a situation or employment through such licensed
agency within five days after registration, then said licensed agency shall forth­
with repay and return to such applicant, upon demand being made therefor, the
full amount of the fee paid or delivered by such applicant to said licensed agency,
provided said fee is demanded within 30 days after the date of registration.
S e c . 4297. Definition.— A private employment agency is defined to be any
person, firm, copartnership or corporation furnishing employment or help, or
giving information as to where employment or help may be secured, or who
shall display any employment sign or bulletin, or through the medium of any
card, circular, pamphlet or newspaper offer employment or help; and all such
persons are subject to the provisions of this act, whether a fee or commission is
charged or not: Provided, That charitable organizations are not included within
the meaning of this act.
Sec. 4298. [Special fund abolished by ch. 103, (i), acts of 1927.]
Sec. 4299. Enforcement.— It shall be the duty of the deputy labor commissioner
when informed of any violation of this act, to institute criminal proceedings for
the enforcement of its penalties before any court of competent jurisdiction.
Any violation of the provisions of this act shall be a misdemeanor and shall be
punished by a fine of not less than $100 nor more than $200 for each offense, or
by imprisonment in the county jail for a period not exceeding six months, or by
both such fine and imprisonment at the discretion of the court.
S e c s . 4300-4312. [These sections were passed in 1891 and it is presumed
they were repealed by sections 4295-4299 enacted at a later date and repealing
“ all acts and parts of acts in conflict herewith.,, However, the code commission
in compiling the Compiled Laws of 1921 reproduced these sections. They re­
quired a license from the city or town where the agency is located and a fee is fixed
at not over $100 per year; also the fee to be charged, for males not over 5 per cent
of one month’s wages and board, for females not over 3 per cent. Dividing fees
is forbidden. Other provisions cover the same points as the sections above.

CONNECTICUT

GENERAL STATUTES, 1930
C h apter

130.— Employment bureaus

S e c t i o n 2342. [Relates to public employment
S e c . 2343. Definitions.— The term “ person”

offices. See p. 11.]
as used in this chapter, shall
include persons or a company, society, association or corporation, and the term
“ employment agency” shall include the business of keeping an intelligence
office, employment bureau or other agency for procuring work or employment for
persons seeking employment or for acting as agent for procuring such work or
employment where fee or other valuable tiling is exacted, charged or received for




58

T E X T OF THE LAW S

registration or for procuring or assisting to procure employment, work or a situa­
tion of any kind or for procuring or providing help for any person.
S e c . 2344. License.— No person shall open, keep or carry on any employment
agency unless he shall procure a license from the commissioner authorizing the
licensee to open, keep or carry on such agency at a designated place, which license
shall be issued by the commissioner on payment of a fee of $25 for each year,
which money shall be paid by him to the State treasurer. Each license "shall
contain a designation of the city, the street and the number of the house in
which the person licensed intends to carry on such emplojr
ment agency and the
number and date of such license. Such agencies shall be conducted in offices
suitable for such purpose which shall be approved by said commissioner.
S e c . 2345. Bond.— Each person shall file with his application for a license a
bond to the State in the sum of $500, with surety approved by the commissioner,
conditioned that the obligor shall not violate any provision of this chapter. The
commissioner may cause an action to be brought on such bond in the name of the
State for any violation of its conditions; and he may revoke any license when­
ever, in his judgment, the person licensed shall violate any provision of this
chapter.
S e c . 2346. Registers.— Each person so licensed shall keep a register in which
shall be entered, in the English language, the name and address of each applicant
and of each person who shall make application for help or servants and the nature
of the employment for which such help shall be wanted. Such register shall, at
all reasonable hours, be open to the examination of the commissioner and his
agents.
S e c . 2347. Fees, receipts, etc.— Each such licensed person shall give to each
applicant for employment from whom a fee or other valuable thing shall be
received for procuring such employment, a receipt in which shall be stated the
name of the applicant, the amount of such fee or other valuable thing, the date
and the name or nature of the employment or situation to be procured and a sep­
arate receipt in which shall be stated the name and address of the person or persons
to whom the applicant shall be referred or sent for employment or work. In
case the applicant shall not obtain or accept a situation or employment through
the agency of such licensed person, such licensed person shall forthwith return to
such applicant upon demand the amount of the fee or the valuable thing paid or
delivered to such licensed person. In case the applicant shall accept the situation
with the person to whom he has been referred, such applicant shall forfeit the fee
or valuable thing paid as aforesaid. Each such receipt shall have printed on
its back, in the English language, a copy of this section, and each licensed person
shall cause a plain and legibly printed copy of this section to be posted in a con­
spicuous place in such agency or place of business. No person shall display, on
any sign or window or in any publication, the name, “ The Connecticut Free Public
Employment Bureau,” or a name similar thereto.
S e c . 2348. Acts forbidden— violations.— No such licensed person shall send or
cause to be sent any female help or servants to a place of bad repute, house of ill
fame or assignation house or to a house or place of amusement kept for immoral
purposes. No such licensed person shall publish or cause to be published any
false or fraudulent notice or advertisement or give any false information or make
any false promise relating to work or employment to any one who shall register
for employment; and no such licensed person shall make false entries in the reg­
ister kept by him. Any person violating any provision of this chapter shall be
fined not more than $100.
S e c . 2349. Exceptions.— The provisions of this chapter shall not apply to any
person supplying positions in connection with educational institutions provided
such a person is not engaged in supplying positions for other employees.
DISTRICT OF COLUMBIA

CODE OF 1929
T it l e

20.— Private employment agencies

941. Definitions.— The term person, used in sections 941 to 951,
inclusive, of this title, means also a corporation, partnership, company, or associ­
ation. The term employment agent or agency means any person who procures,
offers to procure, promises to procure, attempts to procure, or aids in procuring,
either directly or indirectly, help or employment for another, where any fee,
remuneration, profit, or any consideration of any nature whatsoever is promised,
paid, or is received therefor, either directly or indirectly. The term fee means
every form or nature of fee, remuneration, profit, or consideration promised,
S e c t io n




PRIVATE EMPLOYMENT AGENCIES

59

paid, or received, directly or indirectly, for any service of whatsoever nature
performed, offered to be performed, or promised to be performed, by such employ­
ment agencies. The term applicant shall mean any person seeking work,
employment, or engagement of any legal character. Tne term applicant for
help shall mean any person or persons seeking help, employees, or performers in
any legitimate enterprise.
Sec. 942. License.— No person shall conduct, temporarily or otherwise, any
employment agency or perform any of the acts authorized to be performed by an.
employment agency in the District of Columbia without procuring a license
from the Commissioners of the District of Columbia as herein provided.
Sec. 943. Application.— An application for a license must be made in writing
in the form prescribed by the Commissioners of the District of Columbia, and may
be made at any time, and every license shall date from the first day of the month
in which it is issued and shall expire on the 31st day of October following its issue,
unless sooner revoked. Every application for such license shall contain the full
name of the applicant therefor, together with his place of residence by street and
number if so designated. If the applicant is a corporation, the application must
specify the names and like addresses of the president, treasurer, and secretary
thereof, or other officers performing corresponding duties and under different
names; and the said commissioners may, in their discretion, require the names and
like addresses of all the officers, including the directors, of any corporate applicant
for a license. If the applicant is a partnership or unincorporated association, the
names and like addresses of all the members thereof must be specified in the appli­
cation. The application must be subscribed by the applicant or applicants there­
for, if natural persons, and if a corporation in the corporate name, by the president
or chief officer thereof, attested by the secretary or assistant secretary, with the
corporate seal attached, and each application must be acknowledged. Each appli­
cation must state that the applicant or applicants is or are the person or persons
who have the sole beneficial interest in the business established or to be established
under said license and also the place by street and number and such other descrip­
tion as the Commissioners of the District of Columbia may determine, where it
is proposed to conduct such employment agency. The said commissioners may
refuse to receive any application for such license which does not meet the require­
ments of this section. The Commissioners of the District of Columbia must be
satisfied that the applicant is a person of good general character, or, if a corpora­
tion, that the officers thereof and those under whose direction the business of the
employment agency is to be carried on are persons of good general character, and
may for that purpose require any other statements to be made in the application
for the license or otherwise which said commissioners deem necessary. A license
fee of $25 shall be paid annually, which sum shall accompany each application for a
license, which fee shall be returned if the license is not granted. Every applica­
tion for a license shall be filed not less than one week prior to the granting thereof,
and notice thereof shall be posted in the office of the superintendent of licenses of
said District, and a written protest may be made by any person against the grant­
ing of such license; and if said protest is mad$, the said commissioners shall give a
public hearing before a determination is made upon such application. Any per­
son who conducts or intends to conduct a lodging house, separate and apart from
such employment agency, shall not be granted a license unless the fact of conduct­
ing such lodging house is set forth in the application, which fact shall also be des­
ignated in the certificate of such license. The said commissioners shall have power
to reject any application for license and also to revoke any license for violation of
or noncompliance with any of the provisions of sections 941 to 951, inclusive, of
this title in addition to any other penalty in sections 941 to 951, inclusive, of
this title provided.
Sec. 944. Bond.—Each application for a license shall be accompanied by a
bond, in due form, to the District of Columbia in the penal sum of $1,000, with two
or more sufficient sureties, who may be required to justify, and conditioned that
the obligor will not violate any of the duties, terms, conditions, provisions, or re­
quirements of sections 941 to 951, inclusive, of this title, and sections 321, 322,
and 323 of title 40 of the Code of X»aws of the United States. The execution of
any such bond by fidelity or surety company authorized by the laws of the United
States to transact business therein shall be equivalent to the execution thereof by
two sureties, and such company, if excepted to shall justify in the manner required
by law of fidelity and surety companies. If any person shall be aggrieved by the
misconduct of any such licensed person and shall recover judgment against him
therefor, such person may, after the return unsatisfied either in whole or in part
of any execution issued upon such judgment, maintain an action in his own name,




60

TEXT OF THE LAWS

upon the bond of such employment agency, in any court having jurisdiction of the
amount claimed. The Commissioners of the District of Columbia shall furnish
to anyone applying therefor a certified copy of any such bond filed in their office
upon the payment of a fee of 25 cents, and such certified copy shall be prima facie
evidence in any court that such bond was duly executed and delivered by the per­
sons or corporations whose names appear thereon.
Sec. 945. Statements in licenses.— Every license certificate shall contain the
. names of the persons licensed and a designation of the city, street, number, and
floor of the house in which the person licensed is authorized to conduct such em­
ployment agency, and the number and the date of its issuance. Such license shall
not be used to protect any other than the person to whom it is issued nor any place
other than that designated in the certificate, and shall not be transferred or as­
signed to any other person. Every licensed person shall post in a conspicuous
place in such agency the license certificate.
Sec. 946. Restrictions.— No such agency shall be located in rooms used for living
purposes, or in rooms where boarders or lodgers are kept or where meals are served,
or persons sleep, or in the building or on premises, or in connection with a building
or on premises, or in connection with a building or premises where intoxicating
liquors are sold to be consumed on the premises, except that no one shall be pre­
cluded from keeping an employment agency in an office building by reason of there
being a cafe or restaurant in another part of said building. No such licensed per­
son shall accept any application for employment made by or on behalf of any child,
or shall place or assist in placing any such child in any employment whatever in
violation of any compulsory-education or child-labor laws.
S e c . 947. Registers.— It shall be the duty of every such licensed person, except

those conducting theatrical agencies, teachers’ agencies, or agencies for the em­
ployment of vaudeville performers, or nurses’ registries, or agencies for the procur­
ing of technical, clerical, sales, or executive positions for men only, to keep a regis­
ter, approved by the commissioners, in which shall be entered, in the English lan­
guage, the date of the application for employment, the name and address of the
applicant to whom employment is promised or offered, the amount of the fee re­
ceived, and, whenever possible, the names and addresses of former employers or
persons to whom such applicant is known. Such licensed person, except those
above specified in this section, shall also enter in a separate register, approved by
the Commissioners of the District of Columbia, in the English language, the name
and address of every applicant accepted for help, the date of such application,
kind of help requested, the names of the persons sent, with the designation of the
one employed, and the amount of the fee received. The aforesaid registers of ap­
plicants for employment and for help shall be open during office hours to inspection
by the said commissioners or their agents. No such licensed person, his agent or
employees, shall make any false entry in such registers. It shall be the duty of
every licensed person, whenever possible, to communicate orally or in writing with
at least one of the persons mentioned as references for every applicant for work in
private families or employed in a fiduciary capacity, and the result of such inves­
tigation shall be kept on file in such agency: Provided, That if the applicant for
help voluntarily waives in writing such investigation of references by the licensed
person, failure on the part of the licensed person to make such investigation shall
not be deemed a violation of sections 941 to 951, inclusive, of this title. Every
licensed person exempted from the provisions of this section as to the keeping of
registers shall keep accurate records in the English language of all persons to whom
work is promised or offered, or from whom a fee is taken, and of all persons from
whom an application for an employee is accepted, together with the date of the
engagement, and the amount of the fee received.
Sec. 948. Fees.— The fees charged for the employment of agricultural hands,
coachmen, grooms, hostlers, seamstresses, cooks, waiters, waitresses, scrubwomen,
nurses (except professional nurses), chambermaids, maids of all work, domestics,
servants, or other laborers (except seamen), or for the purpose of procuring or giv­
ing information concerning such person for or to employers, shall be as follows:

Employment agents or agencies shall be entitled to receive in advance from an
employer, for male or female employees, $2 each: Provided, That such fee shall
entitle said employer to at least 30 days’ service from said male or female em­
ployee, or from other employees at the same rate of wages to be furnished by said
employment agent or agencies.
Employment agents or agencies shall be entitled to receive in advance from the
applicant for work or employment, either male or female, $1 each, one-half of
which is to be returned on demand if such applicant is not secured a fair oppor­
tunity of employment within 15 days after the receipt of said original fee of $1:




PRIVATE EMPLOYMENT AGENCIES

61

Provided, That where the male or female employee receives employment at a rate
of wage of $25 per month or more, said employment agent or agency shall, On
obtaining employment for such employee, receive an additional $1 from said em­
ployee: Provided, That the whole fee and any sums paid by the applicant for
transportation in going to and returning from such employer shall be refunded
within four days of demand, if no employment of the kind applied for was vacant
at the place to which the applicant was directed; and provided further, That it
shall be unlawful for any employment agent or agency to receive more than the
fees set forth in this section.
It shall be the duty of such licensed person to give to every applicant for employ­
ment from whom a fee shall be received a receipt in which shall be stated the name
of said applicant, the date and amount of the fee, and the purpose for which it was
paid, and to every applicant for help a receipt stating the name and address of said
applicant, the date and amount of the fee, and the kind of help to be provided.
Every such receipt, excepting only those given by theatrical and teachers’ agencies
and those procuring technical, clerical, sales, and executive positions for men only,
shall have printed on the back thereof a copy of this section in the English lan­
guage. No such licensed person shall divide fees with contractors or their agents
or other employers or anyone in their employ to whom applicants for employment
are sent. Every such licensed person shall give to each applicant for employment
a card or printed paper containing the name of the applicant for employment, name
and address of such employment agency, and the written name and address of the
person to whom the applicant is sent for employment. Every such licensed person
shall post in a conspicuous place in each room of such agency a plain and legible
copy of sections 941 to 951, inclusive, of this title, which shall be printed in large
type.
Sec. 949. Enticing; outside employment.— No such person shall induce or at­
tempt to induce any domestic employee to leave his employment with a view to
obtaining other employment through such agency. Whenever any licensed per­
son, or any other acting for him, agrees to send one or more person, to work as
contract laborers in any one place outside the city in which such agency is located
the said licensed person shall give to the applicant for employment, in writing,
the name and address of the employer, name and address of the employee, nature
of the work to be performed, wages offered, destination of the person employed,
and terms of transportation.
Sec. 950. Immoral resorts.— No such licensed person shall send, or cause to be
sent, any female as a servant or inmate or performer to enter any place of bad
repute, house of ill fame, or assignation house, or to any house or place of amuse­
ment kept for immoral purposes, or place resorted to for the purpose of prostitu­
tion, or gambling house, the character of which such licensed person could have
ascertained upon reasonable inquiry. No such licensed person shall knowingly
permit any person of bad character, prostitutes, gamblers, intoxicated persons,
or procurers to frequent such agency. No such person shall procure or offer to
procure help or employment in rooms or on premises where intoxicating liquors
are sold to be consumed on the premises, whether or not dues or a fee or privilege
is exacted, charged, or received directly or indirectly: Provided, That it shall be
unlawful for employment agents or agencies to send applicants for employment to
employers other than those who have applied to such agents or agencies for help or
labor. For the violation of any of the foregoing provisions of this section the
penalty shall be a fine of not more than $200 and in default in payment thereof by
imprisonment in the workhouse for a period of not more than one year, or both, at
the discretion of the court. No such licensed person shall publish or cause to be
published any false or fraudulent or misleading notice or advertisement. All
advertisements of such employment agency by means of cards, circulars, or signs,
and in newspapers and other publications, and all letterheads, receipts, and
blanks shall contain the name and address of such employment agency, and no
such licensed person shall give any false information, or make any false promise
or false representation concerning employment to any applicant who shall register
for employment or help.
Sec. 951. Enforcement.—The enforcement of sections 941 to 951, inclusive, of
this title, shall be intrusted to the Commissioners of the District of Columbia.
Complaints against any such licensed persons shall be made orally or in writing to
the said commissioners, and reasonable notice thereof, not less than one day,
shall be given in writing to said licensed person by serving upon him a concise
statement of the facts constituting the complaint and a hearing shall be had
before the said commissioners within one week from the date of the filing of the
complaint, and no adjournment shall be taken for a period longer than one week.
161109°— 33------ 5




62

T E X T OP THE LAWS

A daily calendar of all hearings shall be kept by the said commissioners and shall
be posted in a conspicuous place in their public office for at least one day before
the date of such hearings. The said commissioners shall render their decision
within eight days from the time the matter is finally submitted to them. Said
Commissioners of the District of Columbia shall keep a record of all such com­
plaints and hearings. The said commissioners may refuse to issue and shall
revoke any license for any good cause shown, within the meaning and purpose of
sections 941 to 951, inclusive, of this title, and when it is shown to their satisfac­
tion that any licensed person, either before or after conviction, is guilty of any
illegal act in connection with the conduct of said business or in violation of sec­
tions 941 to 951, inclusive, of this title, it shall be the duty of the said commis­
sioners to revoke the license of such person; but notice of the charges shall be
presented and reasonable opportunity shall be given said licensed person to be
heard in his defense. Whenever for any cause such license is revoked, said com­
missioners shall not issue another license to said licensed person until the expira­
tion of at least six months from the date of revocation of such license. Every
violation of any provision of sections 941 to 951, inclusive, of this title, except as
provided in section 950 of this title, shall be punishable by a fine not to exceed $25,
and in default thereof the person or persons so offending shall be committed for a
period not to exceed 30 days, and this penalty shall also include such violations of
section 950 for which no penalty is prescribed in said section 950. The said com­
missioners shall cause the corporation counsel to institute criminal proceedings for
the enforcement of sections 941. to 951, inclusive, of this title, before any court of
competent jurisdiction.
FLORIDA

COMPILED GENERAL LAWS, 1927
T it l e 6
C hapter

3.—Licenses and other taxes

1146. Private employment agencies, tax.— Owners or managers of em­
ployment agencies and intelligence offices in cities and towns of 10,000 inhabit­
ants or more, shall pay a license tax of $10.
S e c t io n

GEORGIA
ACTS OF 1911
Department of commerce and labor
(Page 133)

2 (as amended 1913, p. 82; 1917, p. 88; 1920, p. 118). Duty of com­
missioner.— * * * The department of commerce and labor is also charged
with the following duties: * * *
Par. B. Private employment offices.— The commissioner shall exercise jurisdic­
tion over each person, firm or corporation acting as a private employment agent,
intelligence bureau or employment agency, hereinafter referred to as agency; shall
as frequently as may be necessary, examine into the condition of each agency;
shall require each agent to make application for license to do business, which
application must be indorsed by two taxpayers in the county where such agency
proposes to conduct business, said license to be granted by the commissioner upon
the payment to the State of such tax as may be charged, and the filing of a bond
in the sum of $500 for the faithful performance of duty, said license to be renewed
annually. The commissioner shall require each agency to report to him once a
month in writing, showing the names, addresses, and number of persons for whom
positions were secured, where secured, the kind of position, the pay of same, the
amount of fee collected and the amount still to be collected. Nothing in this
paragraph shall authorize an employment agency or person connected with such
agency, or any employee thereof, to act as an emigrant agent. If any agent is
found violating the law it shall be the duty of the commissioner to immediately
proceed to have such person presented to "the proper authorities for prosecution
and to cancel the license of such agency to do business.
S e c t io n




PKIVATE EMPLOYMENT AGENCIES

63

ACTS OF 1927
P a r t 1, T it le 2.—General tax act
(Page 66)
S e c t io n 2. * * * the following specific and occupational taxes shall be
levied and collected each year * * * beginning in 1928. * * *
Par. 52. Employment agencies.—Upon all employment agencies or bureaus
doing business in this State, $50 for each county.

HAWAII

REVISED LAWS, 1925
Private employment offices
2027. Fee.—Every person, firm or corporation conducting an employ­
ment or intelligence office or advertising as an employment or intelligence agent
shall pay an annual license fee of $25.
S e c t io n

IDAHO

CODE OF 1932
T it l e

43, C h a p t e r 3.—Private employment agencies

[By the provisions of section 43-201, private employment agencies for profit are
abolished.]
S e c t io n 43-301. License.— No person or persons shall carry on, hold, or keep
any labor agency, or bureau of employment, without first having obtained written
permission of the county commissioners of the county wherein said agency or
bureau is to be located.
S e c . 43-302. Bond.— Before any person or persons shall be permitted to open,
keep or conduct any labor agency or bureau of employment within the jurisdic­
tion of said county, he shall furnish a bond with good and solvent security in favor
of the chairman of said county commissioners in the full sum and amount of
$5,000, conditioned that he shall well and truly carry out the purposes for which
said agency shall have been established, and that he shall pay all such damages
which may result from his or their actions as such agent or agents, keeper or
keepers of said bureau of employment, and that any one who may have been
injured or damaged by said agent or agents by any act done in furtherance of said
business or by fraud or misrepresentations of said agents or keepers, shall have a
right to sue for the recovery of such damages before any court of competent
jurisdiction.
Sec. 43-303. Penalty.— Anyone violating the provisions of this chapter shall be
subject to a fine of not more than $300, nor less than $100, and imprisonment in
the county jail for not more than 90 days, nor less than 30 days.
ILLINOIS

SMITH-HURD'S REVISED STATUTES, 1931
C h apter

48.— Employment offices and agencies

S e c t io n 187. License required1term, etc.—It shall be the duty of the department
of labor, and it shall have power, jurisdiction and authority to issue licenses to
employment agents, except non-fee-charging employment agents or agencies and
to refuse to issue such licenses whenever, after due investigation, the department
of labor finds that the character of the applicant makes him unfit to be an em­
ployment agent, or when the premises proposed to be used for conducting the
business of an employment agency is found upon investigation to be unfit for such
use. Any such license granted by the department of labor may also be revoked
by it upon due notice to the holder of said license, and upon due cause shown and
hearing thereon. Failure to comply with the duties, terms, conditions or provi­
sions required by any law of this State with reference to employment agencies, or
with any lawful order of the department of labor, shall be deemed due cause to
revoke such license.
The department of labor shall have power, jurisdiction and authority to fix and
order such reasonable rules for the conduct oi the business of employment agencies




64

TE X T OF THE LAWS

as may be necessary adequately to carry out the laws relating to employment
agencies.
No person shall open, keep or carry on any employment agency in the State of
Illinois unless every such person shall procure a license therefor from the depart­
ment of labor. Any person who shall open or conduct any such agency without
first procuring such license shall be guilty of a misdemeanor and shall be punish­
able by a fine of not less than $50, and not exceeding $200 or on failure to pay
such fine, by imprisonment for a pefiod not exceeding six months, or both, at the
discretion of the court. The fee for said licenses in cities having a population of
50,000 or over shall be $50 annually, and a fee of $25 annually in all cities con­
taining less than 50,000 population.
Every license shall contain the name of the person licensed, a designation of the
city, street and number of the house in which the person licensed is authorized to
carry on the said employment agency, and the number and date of such license.
Such license shall not be valid to protect any place other than that designated
in the license unless consent is first obtained from the department of labor, and
until the written consent of the surety or sureties on the bond required to be filed
by section 2 [188] of this act to such transfer, be filed with the original bond. No
such agency shall be located on premises where intoxicating liquors are sold. The
application for such license shall be filed with the department of labor not less than
one week prior to the granting of said license and the department of labor shall
act upon such application within 30 days from the time of application. The li­
cense shall run for one year from the date thereof and no longer, unless sooner
revoked by the department of labor. Such application shall be posted in the
office of the department of labor, from the date of filing thereof, and until such
application is acted upon and before any license shall be granted, notice of such
application shall be published on three distinct days by the department of labor in
some daily newspaper of general circulation throughout the county within which
the applicant desires to locate such agency.
S e c . 188. Bonds.— The State board of commissioners of labor shall require such
person to file with his application for a license a bond in due form to the people of
the State of Illinois, for the penal sum of $500, with one or more sureties, to be
approved by the said State board of commissioners of labor, and conditioned that
the obligor will conform to and not violate any of the duties, terms, conditions,
provisions or requirements of this act. If any person shall be aggrieved by the
misconduct of any such licensed person, such person may maintain an action in his
own name upon the bond of said employment agency, in any court having juris­
diction of the amount claimed. All such claims shall be assignable and the
assignee thereof shall be entitled to the same remedies upon the bond of such
licensed person, or otherwise, as the person aggrieved would have been entitled to,
if such claim had not been assigned. Any claim or claims so assigned may be
enforced in the name of such assignee. Any remedies given by this section shall
not be exclusive of any other remedy which would otherwise exist.
S e c . 189. Registers, etc.— It shall be the duty of every such licensed person to
keep a register in which shall be entered in the English language the date of every
accepted application for employment, name and address of the applicant to whom
employment is offered or promised, written name and address of the person to
whom applicant is sent for employment and amount of the fee received. Such
licensed person shall also enter in a separate register, in the English language, the
name and address of every accepted applicant for help, the date of such appli­
cation, the kind of help requested, the names of the persons sent, with the desig­
nation of the one employed, the amount of the fee received and the rates of wages
agreed upon. The aforesaid register of applicants for employment and for help
shall be open during office hours to inspection by the department of labor, and its
dulv qualified agents.
tfo such licensed person, or his employees shall knowingly make any false
entries in such register. It shall be the duty of such licensed persons who employ
agents or solicitors to provide each of said employees with a suitable badge,
containing said licensed person’s name, and address of such agency and number of
such license, and shall file with the department of labor the name of each such
employee.
Sec. 190. Fees.— A registration fee not to exceed $2 may be charged by such
licensed agency when such agency shall be at actual expense in advertising such
individual applicant, or in looking up the references of said applicant. In all such
cases a complete record of such references and all registrations shall be kept on file,
which record shall, during all business hours, be open for the inspection of the
department of labor. For such registration fee a receipt shall be given to said




PRIVATE EMPLOYMENT AGENCIES

65

applicant for help or employment, giving name of such applicant, date of pay­
ment and character of position or help applied for. Said registration fee shall be
returned to the said applicants on demand, after 30 days and within 60 days from
date of the receipt, less the amount that has been actually expended by said
licensed agency for said applicant, and an itemized account of such expenditures
shall be presented to said applicant on request at the time of returning the unused
portion of such registration fee, provided no position has been furnished by said
licensed agency to said applicant.
No licensed person or persons shall, as a condition to registering or obtaining
employment for such applicant, require such applicant to subscribe to any publi­
cation, or (except in case of applicants for positions paying salaries of $2,400 or more
per annum) to any postal card service, letter service, or advertisement, or exact any
other fees, compensation or reward, other than the registration fee aforesaid, and a
further fee, the amount of which shall be agreed upon between such applicant and
such licensed person, to be payable at such time as may be agreed upon in writing,
but the further fee aforesaid shall not be received by such licensed person before
the applicant has been tendered a position by such licensed person. In the event
the position so tendered is not accepted by or given such applicant, said licensed
person shall refund all fees paid by said applicant, other than the registration fees
aforesaid, within three days after demand is made therefor. No such licensed
person shall send out any applicant for employment without having obtained a
bona fide order therefor, and if it shall appear that no employment of the kind
applied for existed at the place where the said applicant was directed, said licensed
person shall refund to such applicant on demand, any sum paid or deposited by
said applicant for transportation in going to and returning from said place, and all
fees paid by said applicant.
In addition to the receipts herein provided to be given for registration fees, it
shall be the duty of such licensed person to give, to every applicant for employ­
ment from whom other fee or fees shall be received, an additional receipt, in which
shall be stated the name of such applicant, the date and amount of such other fees;
and to every applicant for help from whom other fee or fees shall be received, an
additional receipt, stating the name and address of said applicant, the date and
amount of such other fee or fees, and the kind of help to be provided. All
receipts shall have printed on the back thereof in the English language, the ad­
dress of the principal and nearest branch office of the department of labor and such
other reasonable information as the department may deem proper.
Every such licensed person shall give to every applicant for employment a card
or printed paper containing the name of the applicant, the name and address of
such employment agency, and the written name and address of the person to whom
the applicant is sent for employment. If an employee furnished fails to remain
one week in a situation, through no fault of the employer, a new employee shall be
furnished to the applicant for help, if he so elects, or three-fifths of all fees paid
returned within four days after demand: Provided, Said applicant for help noti­
fies said licensed person within three days of the failure of the applicant to accept
the position [or] the applicant’s discharge for cause. If the employee is discharged
within one week without said employee’s fault, another position shall be furnished,
or three-fifths of all fees returned to the applicant for employment. No licensed
person shall require any person who has applied for and/or obtained a position
through such licensed person to sign any note authorizing a confession of judgment.
Every such licensed person shall post in a conspicuous place in each room of
such agency, sections 3, 4, and 5 [secs. 189, 190, and 191] of this act which shall be
printed in the English language. Such printed matter shall also contain the ad­
dress of the principal and nearest branch offices of the department of labor and
such other reasonable information as the department may deem proper, and shall
be furnished by [the] department of labor.
Every such licensed person shall furnish the department of labor, under rules to
be prescribed by such department, monthly statements showing the number and
character of placements made.
Sec. 191. Accepting pay to withhold services; labor sent outside city.— No such li­
censed person shall solicit or receive any fees, compensation, or reward from any
employer, in payment for such person’s refusal to register or obtain employment
for any applicant for employment. Whenever such licensed person, or any other
acting for him, agrees to send one or more persons to work as contract or railroad
laborers, in any place outside the city in which such agency is located, the said li­
censed person shall give each of such laborers, in a language with which such labor­
ers are familiar, a statement containing the following items: Name and address
of the employer, name and nature of the work to be performed, wages offered, des­




66

T E X T OF THE LAWS

tination of the person employed, terms of transportation and probable duration
of employment; and a duplicate of such statement shall be kept on file in the office
of the licensed person sending out such laborers.
Sec. 192. Immoral resorts; fraudulent notices.— No such licensed person shall
send or cause to be sent, any female help or servants, or inmate or performer, to
enter any questionable place or place of bad repute, house of ill fame, or assigna­
tion house, or to any house or place of amusement kept for immoral purposes, or
place resorted to for the purpose of prostitution, or gambling house, the character
of which such licensed person knows, either actually or by reputation.
No such licensed person shall knowingly permit questionable characters, prosti­
tutes, gamblers, intoxicated persons, or procurers to frequent such agency. No
such licensed person shall accept any application for employment made by or on
behalf of any child, or shall place or assist in placing any such child in any employ­
ment whatever in violation of the child-labor law. * * * For the violation of
any of the provisions of this section the penalty shall be a fine of not less than $50
and not more than $200, or imprisonment in the county jail or house of correction
for a period of not more than one year, or both, at the discretion of the court, in
addition to the revocation of such person’s license. No such licensed person shall
publish or cause to be published any fraudulent notice or advertisements of such
employment agencies by means of cards, circulars, or signs, and in newspapers and
other publications; and all of its letterheads, receipts, and blanks shall contain the
name and address of such employment agency and shall state in all such notices
the fact that such licensed person is or conducts an employment agency. No
agency shall print, publish, or paint on any sign, window, or insert in any news­
paper or publication a name similar to that of the Illinois Free Employment Office.
All written communications sent out by such licensed person, directly or indirectly,
to any person in regard to help or employment shall have contained therein definite
information that such person is an employment agent; and no such licensed person
shall knowingly give any false information or make any false promise concerning
employment to any applicant who shall register for employment or help. No such
licensed agent shall divide fees with or pay a commission to any person to whom
applicants are sent for employment or help.
S e c . 193. Definitions.'—Any person, firm or corporation, who for hire or with a
view to profit, shall undertake to secure employment or help, or through the medi­
um of card, circular, pamphlet, or any medium whatsoever, or through the dis­
play of a sign or bulletin, offer to secure employment or help or give information
as to where employment or help may be secured, shall be deemed a private em­
ployment agent and be subject to the provisions of this act, provided that char­
itable institutions are not included. The term fee, as used in this act, means
money or promise to pay money. The term fee also means and includes the ex­
cess of money received by any such licensed person over what he has paid for
transportation, transfer of baggage, or lodging for any applicant for employment.
The term fee, as used in this act, also means and includes the difference between
the amount of money received by any person who furnishes employees or per­
formers for any entertainment, exhibition or performance, and the amount paid
by the said person to the employees or performers whom he hires to give such enter­
tainments, exhibition, or performance. The term privilege, as used in this act,
means and includes the furnishing of food, supplies, tools or shelter to contract
laborers, commonly known as commissary privileges.
S e c . 194. Enforcement.—The enforcement of this act shall be entrusted to the
State board of commissioners of labor, and an officer to be known as the chief in­
spector of private employment agencies, which officer shall be recommended by
the State board of commissioners of labor and appointed by the governor of the
State and whose term of office shall be for the period of the incumbency of the gov­
ernor appointing him or until his successor is appointed. He may appoint by and
with the approval of the governor 1 inspector for every 50 licensed agencies or
major fraction thereof, who shall make at least bimonthly visits to every such
agency. Said inspectors shall have a suitable badge which they shall exhibit on
demand of any person with whom they may have official business. Such inspect­
ors shall see that all the provisions of this act are complied with, and shall have no
other occupation or business. Complaints against any such licensed person may
be made orally or in writing to the State board of labor commissioners or to the
chief inspector of private employment agencies, and reasonable notice thereof, not
less than one day, shall be given in writing to the said licensed person by serving
upon him concise statement of facts constituting the complaint, and the hearing
shall be had before the State board of labor commissioners or the chief inspector
of private employment agencies as the State board aforesaid, shall designate, with­
in one week from the date of the filing of the complaint and no adjournment shall




PRIVATE EMPLOYMENT AGENCIES

67

be taken for a period longer than one week. Reasonable notice of the place of
hearing of any complaint shall be given to such licensed person complained against.
A calendar 01 all hearings shall be kept by the State board of labor commissioners
of the complaints they are to hear, and by the chief inspector of those he is to hear,
and shall be posted in a conspicuous place in its or his public office for at least one
day before the date of such hearing. The result of such hearings shall be rendered
within eight days from the time the matter is finally submitted.
The said State board of commissioners of labor may refuse to issue and may
revoke any license for any good cause shown within the meaning and purpose of
this act, and when it is shown to the satisfaction of the said board of commis­
sioners of labor that any person is guilty of any immoral, fraudulent or illegal
conduct in connection with the conduct of said business, it shall be the duty of
said board of commissioners of labor to revoke the license of such person, but
notice of such charges shall be presented and reasonable opportunity shall be
given said licensed person to defend himself in the manner and form heretofore
provided in this section of the act. Whenever said board of commissioners of
labor shall refuse to issue or shall revoke the license of any such employment
agency, said determination shall be subject to review on writ of certiorari. When­
ever for any cause such license is revoked said revocation shall not take effect
until seven days after such revocation is officially announced, and such revoca­
tion shall be considered good cause for refusing to issue another license to said
person or his representative, or to any person with whom he is to be associated
in the business of furnishing employment or help. The violation of any provision
of this act except as provided in sections 1 and 6 [secs. 187 and 192] shall be pun­
ishable by a fine not to exceed $25 and any city magistrate, judge of a municipal
court, police justice, justice of the peace or any inferior magistrate having origi­
nal jurisdiction in criminal cases, shall have power to impose said fine, and in
default of payment thereof to commit to the county jail or house of correction the
person so offending for a period not exceeding 30 days. The said State board
of labor commissioners or the chief inspector of employment agencies or any of the
inspectors created by this act, may institute criminal proceedings for its enforce­
ment before any court of competent jurisdiction. The State board of commission­
ers of labor shall employ legal advice or services whenever in its opinion such
advice or services are necessary in or to the enforcement of this act.1
Sec. 195. Power.— The chief inspector of private employment agencies and
all the inspectors created by this act shall have full power to execute and serve
all warrants and process of law issued by any justice of the peace or police magis­
trate, or by any court having jurisdiction under the law relating to employment
agencies in the same manner as any constable or police officer, may serve and
execute such processes, or mav arrest on view and without warrant, any unlicensed
person detected by them actually violating any of the provisions of this act and
may take such person so offending before any court having jurisdiction of the
offense, and make proper complaint before such court, which shall proceed with
the case in the manner and form provided by law.
Sec. 196. Salaries.— Such chief inspector of private employment agencies

shall receive a salary of $3,600 per annum, to be paid monthly upon vouchers
therefor filed with the auditor of public accounts and approved by the governor.
Such inspector shall furnish a bond payable to the State of Illinois in the sum of
$5,000, said bond to be approved by the governor and filed with the secretary of
state. The necessary traveling and hotel expenses of the chief inspector and his
deputies, the commissioners of labor and their secretary and such other necessary
office expenses, shall be allowed upon itemized accounts rendered therefor and
approved by the governor. The chief inspector shall also be allowed the neces­
sary printing, stationery and postage, also be furnished a suitable room or rooms
and necessary office furniture and assistants, such as a clerk, one woman investi­
gator of domestic agencies, and stenographer as the office requires, accounts there­
for to be rendered and approved in the manner required by this act. The other
inspectors provided for in this act shall receive a salary of $1,500 per annum
payable monthly upon the certificate of the chief inspector of private employ­
ment agencies that such services have been actually rendered under his direction.1
1Inspector’s office abolished by Code, 1931, ch. 127, sec. 35.




68

TEX T OF THE LAWS

INDIANA
BURNS’ ANNOTATED STATUTES, SUPPLEMENT 1929
C h apter

72,

A r t ic l e

5.— Employment agencies

S e c t i o n 9381. License.— No person, firm or corporation shall open, operate, or
maintain an employment agency in this State without first obtaining a license for
that purpose from the Industrial Board of Indiana. Each license so issued shall
contain a designation of the city or town, together with the name of the street and
the number of the building where the licensed person, firm or corporation conducts
or is to conduct said employment agency. The license together with a copy of
this law, shall be posted in a conspicuous place in each and every place or office
where said agency does business. No agency shall write, print, publish, paint or
display, in any way, any sign, card or advertisement, in any way similar to the
name, “ Indiana Free Employment Service.” All advertisements and statements,
window signs, door signs, and all literature used, displayed or circulated by any
such agency shall contain the words, “ licensed employment agency,” together
with the regularly licensed name of the agency. The location of an agency shall
not be changed without the written consent of the industrial board. No license
issued under the provisions of this act shall be transferable.
S e c . 9382. Bond.— The Industrial Board of Indiana shall require each and
every applicant for a license to execute to the State of Indiana a bond in the penal
sum of $1,000, with a surety company, or with two solvent resident freeholders,
conditioned that the obligor will not violate any of the duties, terms, conditions,
or provisions of this act, and the bond so executed, shall be approved by the Indus­
trial Board of Indiana. The Industrial Board of Indiana is hereby authorized to
cause an action to be brought on such bond, in the name of the State of Indiana,
for any violation of any of the conditions of such bond, and may, after a hearing
revoke such license, whenever, in its judgment, the licensee has violated any of
the provisions of this act, or has been convicted of the violation of any criminal
law of this or any other State, subject to an appeal by the person, firm or corpo­
ration whose license is so revoked within 10 days from the date of such revocation,
to the circuit or superior court of the county in which the business of said person,
firm or corporation is located. It is hereby made the duty of the attorney general
to prosecute any action brought by the Industrial Board of Indiana in such cases.
Sec. 9383. License fee.— A fee of $50 shall be paid annually for each license

granted under the provisions of this act.
Sec. 9384. Renewal.— Every license, unless previously revoked, shall remain
in force until one year next after its issue, and every employment agent shall,
upon payment of the amount of the license fee required, and the filing of a new
bond, have issued to it a license for the ensuing year, unless the industrial board
shall refuse to do so for any of the reasons herein stated.
S e c . 9385. Application.— Every applicant for a license shall file with the

Industrial Board of Indiana a written application, stating the name and address
of the applicant, the name of the street and the number of the building in which
the employment agency is to be maintained, the name of the person who is to have
the general management of the office, the name under which the business of the
office is to be carried on, and the business or the occupation engaged in by the
applicant for at least five years immediately preceding the date of the application.
Such applicant shall give as reference the names and addresses of at least three
persons of reputed business or professional integrity, located in the city or town
where such applicant intends to conduct his business. The applicant shall be
rejected if the Industrial Board of Indiana finds that the applicant is not of
good moral or business integrity, or when the premises for conducting the business
of an employment agent are found upon investigation to be unfit for such use,
or if there is any good and sufficient reason within the meaning and purpose of
this act for rejecting such application. No license will be granted to any person
whose license has been revoked within a period of three years next preceding the
date of such application. Each application shall be granted or refused within
30 days from date of filing.
S e c . 9386. Schedule of fees.— Each applicant for a license shall file with his
application, a schedule of fees, charges and commissions which he expects to
charge and collect for his service, together with a copy of all forms and contracts
to be used in the operation of the agency. Such schedule of fees, charges and
commissions may thereafter be changed by filing an amended or supplemental
schedule showing such fees, charges and commissions, with the Industrial Board
of Indiana, at least 30 days before the date provided for same to become effective.




PRIVATE EMPLOYMENT AGENCIES

69

Any change in forms and contracts must also be filed with the Industrial Board
of Indiana at least 30 days before the date provided for same to become effective.
Schedule of fees, charges and commissions to be charged shall be posted in a
conspicuous place in the office of such agency. It shall be unlawful for any
employment agent to charge, demand, collect or receive a greater compensation
for any service performed by him than is specified in such schedule filed with the
Industrial Board of Indiana.
Sec. 9387. Return of fees.— No agency shall send out any applicant, or collect
any fee from any applicant without first having obtained a bona fide order for such
employment. No charge nor advance fee of any kind shall be accepted until a
position has been secured for the applicant by the agency or through the efforts of
the agency. If any person fails, through no fault of his own, to obtain employ­
ment from the employer to whom he has been referred by an employment agent, or
if, after having been engaged by an employer, such person is not permitted by
said employer to enter upon the employment he was sent to perform, the whole
amount paid by such person to the employment agent as a fee shall be refunded to
him on demand. If such applicant shall have obtained a position or employment
through such licensed agency, and shall voluntarily leave or abandon such position
or employment, and without reasonable cause, he shall be entitled to receive
no part of the fee paid by the applicant to the agency.
S e c . 9388. Receipts.— For all payments made by any applicant for employ­
ment to any employment agency, there shall be given a receipt, on the back of
which shall be printed in readable form in the English language: “ No charge nor
advance fee of any kind shall be accepted until a position has been secured for
the applicant by the agency or through the efforts of the agency. In case any
employer fails to accept an applicant or person obtained by any agency acting
as the agent of such employer, then the licensed agency shall repay and return
to said applicant all of any payments made by said applicant to said agency.”
On the front of such receipts there shall be printed the words, “ Read the law on
the back of the receipt.” All receipts shall also have printed on the back thereof:
“ This agency is licensed by the Industrial Board of Indiana, State Capitol,
Indianapolis, Indiana.”
Sec. 9389. Registers, etc.— It shall be the duty of every licensed agency to
keep a permanent record of every person referred or placed for employment,
including date such person was referred or placed in employment, name, address,
age, nativity, sex, color and trade, occupation or profession, of each person;
also the amount of the fee received and rate of wages agreed upon, and the name
and address of the person, firm or corporation with whom any of such applicants
have been placed. A copy of such record, duly attested under oath of the person,
firm or corporation conducting such agency, shall be furnished the Industrial
Board of Indiana on the first of each month.
S e c . 9389.1. Accounting of fees.— All fees received by the Industrial Board of
Indiana under this act, shall be paid into the State treasury by the industrial
board. The Industrial Board of Indiana shall, at the end of each fiscal year,
make an account of said funds in its annual report.
S e c . 9389.2. Definition.— The term “ employment agency” as used in this
act, is defined and interpreted to mean any person, firm or corporation, who for
hire or with a view to profit, shall undertake or offer to secure employment or
help through the medium of card, circular, pamphlet or any medium whatsoever,
or through the display or [of] a sign or bulletin, offer to secure employment or
help, or give information as to where employment or help may be secured.
Nothing in this act shall apply to charitable and benevolent organizations and
associations approved by the board of State charities. All charitable and benev­
olent organizations and associations approved by the board of State charities,
shall, before being authorized to conduct such employment agency or depart­
ment, secure a permit from the industrial board by filing an application giving
such information as may be required. No charge shall be made for the issuance
of such permit, which may be revoked on the same terms as a license is revocable.
S e c . 9389.3. Notice of strikes, etc.— No employment agency shall refer any
applicant to any place for a position where a strike or lockout is known to exist
without notifying the applicant of such condition.
S e c . 9389.4. Splitting fees.— No person conducting or connected with or acting
as agent for an employment agency shall make any arrangements with any
employer or his agents or employees to secure the discharge of any employee; nor
shall any employment agent or any one in his employ or representing him divide
or offer to divide or share, directly or indirectly, any fee, charge or compensation
received from any employee with any employer or person in any way connected
with the business thereof.



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T E X T OF THE LAWS

S e c . 9389.5. Immoral, etc., resorts.—It shall be unlawful for any employment
agency to send any person to any place of bad repute, house of ill fame or assig­
nation, or place of amusement kept for immoral purposes, or any other place
[known] to be of questionable character or ill repute, or for the purpose of secur­
ing a position for any applicants therein. It shall be unlawful for any employ­
ment agency to circulate, publish, record or issue any report or information to
cause the discharge of any person employed in any legitimate service.
Sec. 9389.6. Return of fee and expenses.— If it shall appear that no employment

of the kind applied for existed at the place where any applicant was directed, said
licensed agency shall refund to such applicant, within five days after demand,
any sum paid by said applicant for transportation and other expense in going to
and returning from said place and all fees paid by said applicant to such agency.
S e c . 9389.7. False statements.— No agency shall publish, or cause to be pub­
lished, or circulate any false or fraudulent or misleading notice, advertisement,
or statements; or give any false information or make any false representation or
promise concerning work or employment or help, to anyone who shall register
for help or employment, and no such agency shall make any false entry in any
book, record or register kept by it in connection with its business.
S e c . 9389.8. Inspection.— For the purpose of enforcing this act and the rules
and regulations issued thereunder, the Industrial Board of Indiana, or any of its
members or duly authorized agents, may enter any employment agency or
place of business of any employment agent and inspect the register, books, cards
or other records of such employment agent. The Industrial Board of Indiana or
any of its members and duly authorized agents, shall have the power and author­
ity of sheriffs, and other peace officers, to make arrests for violations of the
provisions of this act and to serve any process or notice throughout the State.
S e c . 9389.9. Violations.— Any person, firm or corporation who shall violate
any of the provisions of this act shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in any sum not less than $50, nor more
than $100, to which may be added imprisonment at the penal farm for a term not
exceeding six months. It shall be the duty of the Industrial Board of Indiana to
enforce this act and institute criminal or civil proceedings whenever informed of
any violation of its provision. Upon instituting proceedings, the name of the
said industrial board shall be entered upon the docket, and upon conviction a fee
of $10 shall be allowed in favor of said Industrial Board of Indiana, which fee,
when collected, shall be accounted for as other money received by said industrial
board under this act. For the purpose of enforcing and administering the
provisions of this act, the industrial board is hereby authorized to adopt and
promulgate such rules and regulations as may be deemed necessary for the
supervision of employment agencies.

IOWA
CODE OF 1931
C hapter

77.— Private employment agencies

1546. Failure to secure employment; return of fees.— Every person,
firm, or corporation who shall agree or promise, or who shall advertise through
the public press, or by letter, to furnish employment or situations to any person
or persons, and in pursuance of such advertisement, agreement, or promise, shall
receive any money, personal property, or other valuable thing whatsoever, and
who shall fail to procure for such person or persons acceptable situations or
employment as agreed upon, within the time stated or agreed upon, or if no time
be specified then within a reasonable time, shall upon demand return all such
money, personal property, or valuable consideration of whatever character.
S e c . 1546-al. Limitation of fees.— No such person, firm, or corporation shall
charge or exact a fee for the furnishing or procurement of any situation or employ­
ment, including registration and all other incidentals, which shall exceed 5 per
cent of the wages offered for the first month of any such employment or situation
furnished or procured.
The provisions of this section shall not apply to the furnishing or procurement
of employment by any chamber of commerce, Young Men’s Christian Association,
Young Women’s Christian Association, fraternal, religious or benevolent organ­
ization, employer’s association, farmers’ organization, or other civic or semicivic
organization, foundation or community trust, or in any profession for which
a license or certificate to engage therein is required by the laws of this State.
S e c . 1546-a2. Unlawful practices.—No person, firm, or corporation shall send an
application for employment to an employer who has not applied to such person,
S e c t io n




PRIVATE EMPLOYMENT AGENCIES

71

firm, or corporation for help or labor. Nor shall any person, firm, or corporation
engaged in the business of operating an employment agency or bureau, fraudu­
lently promise or deceive either through a false notice or advertisement or other
means, any applicant for help or employment with regard to the service to be
rendered by such person, firm, corporation, agency, or bureau. Any person who
violates any of the provisions of this section shall be liable in a civil suit for
damages to any person who is damaged or injured thereby and shall also be guilty
If a misdemeanor, and upon conviction, shall be punished as provided in section
1551.
Sec. 1547. Applications, copy of.— It shall be unlawful for any person, firm,
or corporation to receive any application for employment from, or enter into any
agreement with, any person to furnish or procure for said person any employment
unless there is delivered to such person making such application or contract, at
the time of the making thereof, a true and full copy of such application or agree­
ment, which application or agreement shall specify the fee or consideration to be
paid by the applicant.
S e c . 1548. Dividing fees.— It shall be unlawful for any person, firm, or corpora­

tion, or any person employed or authorized by such person, firm, or corporation, to
receive any part of any fee or any percentage of wages or any compensation of any
kind whatever, that is agreed upon to be paid by any such employee to any em­
ployment bureau or agency for services rendered to any such employee in procur­
ing for him employment with such person, firm, or corporation.
Sec. 1549. Records.— Every person, firm, or corporation operating an employ­

ment agency or engaged in the business of finding employment for others, for
which any fee is charged, shall keep a record of the applications received and
what, if any, employment was found or furnished to the applicant, giving the
name of each applicant and the name and address of his employer, if employment
is found, and the fee charged each applicant.
Sec. 1550. Investigations.— The labor commissioner, his deputy or inspectors,
and the chief clerk of the bureau shall have authority to examine at any time the
records, books, and any papers relating in any way to the conduct of any employ­
ment agency or bureau within the State, and must investigate any complaint
made against any such employment agency or bureau, and if any violations of
law are found he shall at once file or cause to be filed, any information against
any person, firm, or corporation guilty of such violation of law.
Sec. 1551. Violations.— Any person, firm, or corporation violating any of the
provisions of this chapter, or who shall refuse access to records, books, or other
papers relative to the conduct of such agency or bureau, to any person having
authority to examine same, shall be punished by a fine not exceeding $100 or
imprisonment in the county jail not to exceed 30 days.
C h a p t e r 7 7 - C l . — License

for employment agencies

S e c t io n 1551-Cl. Securing license.— Every person, firm, or corporation who
shall keep or carry on an employment agency for the purpose of procuring or offer­
ing to procure help or employment, or the giving of information as to where help or
employment may be procured either directly or through some other person or
agency, and where a fee, privilege, or other thing of value is exacted, charged,
or received either directly or indirectly for procuring, or assisting or promising
to procure employment, work, engagement, or situation of any kind, or for procur­
ing or providing help or promising to provide help for any person, whether such
fee, privilege, or other thing of value is collected from the applicant for employ­
ment or the applicant for help, shall before transacting any such business whatso­
ever procure a license from a commission, consisting of the secretary of state, the
industrial commissioner, and the labor commissioner, all of whom shall serve
without compensation.
S e c . 1551-C2. Application.— Application for such license shall be made in
writing to the commission provided in the preceding section. It shall contain the
name of the applicant, and if applicant be a firm, the names of the members, and
if it be a corporation, the names of the officers thereof; and the name, number, and
address of the building and place where the employment agency is to be conducted.
It shall be accompanied by the affidavits of at least two reputable citizens of the
State in no way connected with applicant certifying to the good moral character
and reliability of the applicant, or, if a firm or corporation, of each of the members
or officers thereof, and that the applicant is a citizen of the United States, if a
natural person; also a surety company bond in the sum of $2,000 to be approved




72

T E X T OF THE LAWS

by the labor commissioner and conditioned to pay any damages that*may accrue
to any person or persons because of any wrongful act, or violation of law, on the
part of applicant in the conduct of said business. There shall also be filed with
the application a schedule of fees to be charged for services rendered to patrons,
which schedule shall not be changed during the term of license without consent
being first given by the commission.
Sec. 1551-C3. Investigation of applicants.—The commission shall fully investi­
gate all applicants for the license required by section 1551-C1, and shall not issue
any license earlier than one week after the application therefor is filed: Provided,
however, That the commission shall either grant or refuse such license within 30
days from the date of the filing of the application. All licenses issued under the
provisions of this chapter shall expire on June 30 next succeeding their issuance.
Sec. 1551-C4. Fees.—The annual license fees shall be as follows: In cities
having a population of 75,000 and over, $50; a population over 25,000 and under
75,000, $25; a population over 10,000 and under 25,000, $15; in all cities or
towns, having a population of less than 10,000, and in any other place not herein
specified $5.
Sec. 1551-C5. Revocation of license.— The commission may revoke at any time
any such a license issued by it upon good cause shown and when there has been a
substantial violation of any of the provisions of law regulatory of such business.
Sec. 1551-C6. Violations.— Any person in any manner undertaking to do any
of the things described in section 1551-Cl, without first securing a license as herein
provided, shall be guilty of a misdemeanor.
KANSAS

REVISED STATUTES, 1923
C hapter

44,

A r t ic l e

4.— Employment offices and agencies

S e c t i o n 44-401. License.— That no person, firm, or corporation in this State
shall open, operate and maintain an employment agency or office to furnish
to employers persons seeking to be engaged in manual labor, clerical, industrial,
commercial or business pursuits, and to secure employment for such described
persons or where a fee, commission or other consideration is charged to or exacted
or received from either applicants for employment or for help, without first
obtaining a license for the same from the court of industrial relations. The uni­
form fee for such license in cities of 20,000 inhabitants and over shall be $25 per
annum, and, in cities containing less than 20,000 inhabitants, $10 per annum.
Every license shall contain a designation of the city, street and number of the
building in which the licensed party conducts such employment agency. The
license together with a copy of this act shall be posted in a conspicuous place in
each and every employment agency.
Sec. 44^402. Duration of license.—All licenses issued after this act takes
effect shall terminate on the 31st day of December of each year, and shall be
paid for at the rate established in this act: Provided, however, That no license
for any fractional part of the year shall be issued for any sum less than one-third
of the full annual rate, and that fractional months shall be counted as full months
in every case.
Sec. 44-403. Bond.— The court of industrial relations shall require with each
application for a license a bond in the penal sum of $500 with one or more sureties
to be approved by said court, and conditioned that the obligors will not violate
any of the duties, terms, conditions, provisions, or requirements of this act.
Sec. 44-404. Action on bond.— That the said court is authorized to commence
action or actions on said bond or bonds in the name of the State of Kansas,
by filing complaint with the attorney general or other proper prosecuting officer
of any violations of its conditions.
Sec. 4^-405. Revocation.—That the said court is also authorized to revoke
any license, whenever in its judgment, the party licensed shall have violated any
of the provisions of this act: Provided, Written complaint shall have been filed
with it and he shall have given the case full and fair hearing.
Sec. 44r-406. Register.— That it shall be the duty of every licensed agency to

keep a register in which shall be entered the name and address of every person
who shall make application for help or servants and the name and nature of such
employment for which such help shall be wanted. Such register shall, at all
reasonable hours be kept open to the inspection and examination of the court of
industrial relations and its agents, deputies or assistants.




PRIVATE EMPLOYMENT AGENCIES

73

Sec. 44-407 (as amended 1931, ch. 216). Fees.— Where a registration fee is
charged for receiving or filing applications for employment or help, said fee
shall in no case exceed the sum of $1, unless the salary or wages shall be more
than $3 per day, in which case a fee of not more than $2 may be charged, for
which a duplicate receipt shall be given (one copy to be kept by the employee and
the other for the employer), in which shall be stated the name and address of the
applicant, the date of such application, the amount of the fee, and the nature of
the work to be done or the situation to be procured. In case the said applicant
shall not obtain a situation or employment through such licensed agency within
three days after registration as aforesaid, then said licensed agency shall forthwith
repay and return to such applicant, upon demand being made therefor, the full
amount of the fee paid or delivered by said applicant to such licensed agency:
Provided, That said employment agency shall make no additional charge for
their service rendered other than the fees set out above.
Sec. 44-408. False statements.— Any licensed agency shall not publish or
cause to be published any false or fraudulent notice or advertisement, or give
any false information or make any false promise concerning or relating to work
or employment to any one who shall apply for employment, and no licensed
agency shall make false entries in the register to be kept as herein provided.
Sec. 44-409. Prosecutions, etc.— It shall be the duty of the court of industrial
relations or its deputies, agents or assistants, when informed of any violation
of this act, to file a complaint of such violation with the attorney general or
with the county attorney of the county in which such violation is alleged to have
occurred and it shall be the duty of the official informed to institute criminal
proceedings for the enforcement of the penalties.
Sec. 44r-410. Violations.— Any person convicted of a violation of any of the
rovisions of this act shall be deemed guilty of a misdemeanor and shall be
ned not less than $50 nor more than $100 for each offense, or be imprisoned
in the county jail for a period of not exceeding six months, or both such fine and
imprisonment as the court may direct.
Sec. 44^411. Accounting of fees.—All money or moneys received from fees

E

under this act, shall be accounted for by the court of industrial relations, and by
it turned over to the State treasurer to become a part of the State general fund,
said court to take the State treasurer’s receipt for same.
Sec. 44-412. Act not applicable to.— Free employment bureaus now organ­
ized or established, or which may hereafter be organized or established in this
State by the court of industrial relations or by charitable organizations shall
not be subject to the provisions of this act.

KENTUCKY
CARROLL’S KENTUCKY STATUTES, 1930
S e c t io n 3011. Licenses.— The general council shall, by ordinance, provide for
the following licenses, * * * intelligence office, * * * employment
agency or information bureau, * * * not less than $25 nor more than $500
per annum.
[This provision relates only to municipal corporations of the first class.]

ACTS OF 1930
C h apter

169.— Employment offices, private

S e c t i o n 1. Scope.— (a ) The term “ employment agency ” as used in this act shall
be deemed to mean and include any person, firm, corporation or association of per­
sons, who, by any form of representation or means of signs, bulletins, circulars,
cards, writings or newspaper and periodical advertisements, offers or agrees to
assist in or to furnish employment, engagements for help, or information, or serv­
ice of any character concerning or purporting to promote, lead to or consummate
employment: Providing, however, That bona fide educational, religious, charitable,
fraternal and benevolent organizations in which no fee, commission or other
charge or cost is made for service rendered, other than the ordinary membership
dues and assessments for their members; bona fide labor organizations under­
taking to secure or securing employment for their members; bona fide employers’
organizations undertaking to secure labor for their own members without charge
or cost to the applicant employee shall not be subject to the provisions of this act.




74

TE X T OF THE LAWS

Further provided, That the provisions of this act shall not apply to teachers*
agencies finding positions for school teachers only, nor to nurses’ registries, nor to
agencies operated in conjunction with a bona fide educational institution.
(b) The term “ hire” as used in this act shall be deemed to mean and include
any charge, fee, compensation, service or benefit exacted, demanded, or accepted,
or any gratuity received, for or in connection with any act, service or transaction
comprehended by the term employment agency or for, or in connection with, any
transaction or agreement which includes matters comprehended by the term
employment agency.
(c) The term ‘ ‘ employment” as used in this act shall be deemed to mean and
include every character of service rendered, or to be rendered, and every engage­
ment undertaken for wages, salary, commission or any other form of remuneration
whatsoever.
id) The term “ department of labor” as used in this act shall be deemed to
mean the department of labor of the bureau of agriculture, labor and statistics.
Sec. 2. Permits.— (a) It is hereby made unlawful to operate an employment
agency for hire within this Commonwealth without first obtaining a permit so to
do from the department of labor. Upon approval of the application for permit, a
permit which shall be effective for one year from date thereof, unless canceled for
cause as hereinafter stated, shall be issued by the department of labor.
(6) Permits are nontransferable except upon the approval of the department of
labor. If and when the ownership, or management, of any employment agency is
sold, leased or transferred, such action shall revoke the permit of the said employ­
ment agency sold, leased or transferred and it shall be necessary, in order to con­
tinue the business, to secure a transfer or new permit from the department of
labor as required in section 2, paragraph (a): Provided, The permit if transferred
shall operate for its new owners or managers until expiration of said original
permit, and no charge shall be made for the unexpired time.
(c) Said permit shall contain the name or names of the applicant owner or
owners, or in case of a corporation the names of the individual majority stock­
holders and the president; the location of office and/or place of business, name of
person who is to have management of the business, name under which the business
is to be carried on and the number of the permit.
Sec. 3. Fee, etc.— (a) An employment agency permit shall be granted only upon
written application forms prescribed and furnished by the department of labor.
The application shall be accompanied by a permit fee of $25 payable to the depart­
ment of labor. This permit fee shall, upon issuance of the permit, become an
annual license fee.
(b) The department of labor may refuse to issue a permit to an applicant, or
cancel an existing permit, if, in the judgment of the chief officer of the depart­
ment of labor, such applicant, or holder of a permit, or its officials or members are
not of good moral character or have violated any of the laws of the Common­
wealth of Kentucky, which in the judgment of the aforesaid officer, renders such
persons improper persons for such permit.
(c) If the department of labor refuses to grant a permit, the permit fee shall be
returned to the applicant by the said department of labor, and it shall not be the
duty of the department of labor to cite the various reasons for refusal.
Sec. 4. Location, register, etc.— (a) No employment agency shall change the loca­
tion of its office or place of business to any place other than specified in the permit
without first obtaining the written consent of the department of labor and no
permit shall be effective for any place of business other than that designated
therein.
(b) Every employment agency shall keep a true and correct record, in the
English language, of the business transactions of its office upon such forms as
prescribed or approved by the department of labor. On or before the fifth day of
each month, every employment agency shall mail to the department of labor a
report showing the total number of applicants registering for positions, registra­
tion fees collected, registration fees refunded, and the total number of placements
of employees with employers of the preceding calendar month.
(c) Every employment agency shall post its permit and a copy of this act in a
conspicuous place in the reception room used by said employment agency, so
that persons doing business with the agency and inspectors for the department of
labor may determine upon a superficial examination the legality of their operation.
Sec. 5. Acts forbidden.— The following restrictions are placed on the opera­
tions of employment agencies:

(a)
No employment agency shall send or direct an applicant for employment
to any fictitious job or position and no employment agency shall make any false




PRIVATE EMPLOYMENT AGENCIES

75

representation concerning any matter within the scope of the business of the
employment agency, and the nonexistence of such job or position or the falsity
of any such representation shall constitute prima facie evidence of the violation
of this section.
(6) No employment agency shall send an applicant for employment to any
place where a strike or any labor trouble exists or is pending without first notify­
ing the applicant of such condition in writing and if sent uninformed to such a
locality it shall constitute prima facie evidence of the violation of this section.
(c) No employment agency shall circulate any false or misleading information
by advertisement in newspapers or periodicals, signs, letters, posters, cards, or
in any other way; or make any false statement or misrepresentation to any
person seeking employment or to any employer seeking an employee.
(d) No employment agency shall enter into any agreement whatsoever with
any employer or his agent or employee to secure the discharge of an employee;
nor shall an employer or any one in his employ or representing it, give or receive
any gratuity, divide, or offer to divide, or share directly or indirectly, any fee,
charge or compensation received from an applicant for employment.
(e) No employment agency shall make any false entry or statement in any
record or in any receipt of [or] other document used in the business or in any
report to the department of labor.
(f) After this act becomes a law, a sample copy of the contract forms then in
use by and between the employment agency and applicant-employee shall be
filed with the department of labor; and, each time a change is made in the afore­
said contract forms or new contract forms drawn, the changed or the new contract
form shall be filed with the department. Such changed or new contract forms
drawn, the changed or the new contract form shall be filed with the department.
Such changed or new contract forms shall be filed with the department of labor
before any copies are issued to applicant employees.
(g) Every employment agency’s office or place of business shall be maintained
and conducted in an orderly, clean and sanitary manner.
S e c . 6 . Return of fees, etc.— Every employment agency that purports to obtain,
or to assist, directly or indirectly, persons in securing employment and who shall
receive from such person any money, personal property, or any other valuable con­
sideration whatsoever, and who shall fail to procure for such person employment
within 30 days after payment of such money, personal property or any other
valuable consideration, shall forthwith repay or return to such person such money,
personal property or other valuable consideration received.
Sec. 7. Inspection.— It shall be the duty of the department of labor to inspect
the offices and places of business of employment agencies and to enforce the pro­
visions of this act. To carry out this provision the department of labor shall
have access to all files and records of the said employment agencies.

.

S e c . 8 Accounting of funds.— Money received from the sale of employment
agency permits shall be paid by the department of labor into the State treasury,
and shall be credited to the general funds of this Commonwealth: Provided, The
cost of printing employment-agency permit form blanks and other necessary print­
ing and inspection service, necessary to carry out the objects of this act, shall
be first deducted from the sale of such employment agency permits.
Sec. 9. Violations.— Any person, firm, corporation or association of persons

violating any of the provisions of this act, or who shall interfere in any manner
with the performance of the official duties of any inspector or employee of the
department of labor, shall be guilty of a misdemeanor and upon conviction thereof,
for the first offense, shall be fined not less than $1 nor more than $100 and for a
second and all subsequent offenses the fine shall be from $25 to $100 or 1 to 30
days in jail, or both so fined and imprisoned.

LOUISIANA
ACTS OF 1928
A ct

No. 135.— Private employment offices

S e c t io n 1. Definitions.— Any person, firm, company, corporation, or associa­
tion, or his or its agent, who shall solicit, hire, employ, or who contracts with
laborers of any kind, whether domestic help, common, semiskilled, or skilled work­
men, or who contracts for the employment or placement of salesmen, clerks, or
other kind of clerical workers or help, shall be deemed a labor agent or employ­
ment bureau, except as hereinafter provided.




76

T E X T OP THE LAWS

Sec. 2. Same.— Any person, firm, company, corporation, or association, or his
or its agent, who charges a fee to register applicants seeking employment of any
kind or who directly or indirectly charges, solicits, collects, or accepts, if tendered,
by either the applicant seeking employment or from the employer giving employ­
ment, any sum, fee, or percentage of wages earned or to be earned, as a remunera­
tion for placement or assignment of the worker, is hereby deemed a labor agent
or employment bureau, except as hereinafter provided.
Sec . 3. Exemptions.— The provisions of this act shall not apply to any person,

firm, company, corporation, or association, or his or its agent, who may operate a
labor bureau or employment office in conjunction with his or its own business and
for the sole and exclusive purpose of employing help for his or its own use:
Provided. That no fee or other charge or deduction is exacted from the wages of
the worker for employment given. If a fee or charge of any kind is exacted of the
worker, then said employer is deemed a labor agent or employment bureau and is
subject to the provisions of this act.
Sec. 4. Same.— The provisions of this act shall not apply to men or women

who may be engaged by any employer as a labor hustler, agent, or recruiter:
Provided, Such hustler, agent, or recruiter furnishes help only to his respective
employer and is solely compensated by his employer and does not directly or
indirectly charge, collect, or accept any fee or other remuneration from help
secured or placed.
Sec. 5. License fee.— Every person, firm, company, corporation, or association,

or his or its agent, who engages in the business of a labor agent or employment
bureau, except as herein provided, shall pay unto the State of Louisiana an
annual license tax of $500: Provided, That labor agents or employment bureaus
in cities and towns of this State who have and keep a regular office in such city
or town and who transact all of their business in such office, and who do not in
person or by agent solicit, or hire, or attempt to do so, except by written, tele­
graphic, or telephonic communication, shall be required to pay annually the sum
of $25 license tax unto the State of Louisiana for such privileges, and the license
so paid for and obtained shall permit all of the employees of such labor agents or
employment bureaus who assist in the prosecution of such work in such office only
as aforesaid, to aid therein.
Sec. 6. Bond.—In addition to paying the license tax provided for in this act,
every person, firm, company, corporation, or association who may engage in the
business of a labor agent or employment bureau shall furnish to the commissioner
of labor and industrial statistics a bond with good and solvent security in the sum
of $5,000, conditioned that such person shall pay all such damages which may
result from his action as such labor agent or employment bureau; and that anyone
who may have been injured or damaged by said labor agent, by fraud or misrepre­
sentation of said agent, shall have a right to sue on said bond to recover such
damages before any court of competent jurisdiction. The bond furnished to said
commissioner of labor and industrial statistics shall be filed in his office and become
a part of departmental records.
Sec. 7. Supervision by commissioner of labor.—The operation of the business of
labor agents or employment bureaus, shall be under the supervision of the com­
missioner of labor and industrial statistics of the State of Louisiana.
Sec. 8. Violations.— Any person, firm, company, corporation, or association,
who shall violate the provisions of the act shall be guilty of a misdemeanor and
upon conviction thereof shall be fined in a sum not less than $100, nor more than
$500, or imprisoned in the parish jail for a period of not less than 10 nor more
than 90 days, or both fined and imprisoned at the discretion of the court.
Sec. 9. Repeal.— This act shall in no way interfere with or repeal Act No. 54,

of 1906, or acts amendatory thereof.
Sec . 10. Constitutionality.— If for any reason any section or part of this act
shall be held to be unconstitutional or invalid, then that part so held shall not
invalidate any other part of this act, but the same shall be enforced without
reference to the parts held to be invalid.
MAINE

REVISED STATUTES, 1930
C hapter 47.— Intelligence offices
Section 6. License.— No person shall open, keep, or carry on any employment

agency in the State, unless such person shall first procure a license therefor from
the municipal officers of the city or town where such employment agency is to be
located. Any person who shall open or conduct any such agency without first




PRIVATE EMPLOYMENT AGENCIES

77

procuring such license shall be guilty of a misdemeanor and shall be punished by
a fine of not less than $50, nor more than $300, or by imprisonment for not less
than one month nor more than six months, or by both fine and imprisonment.
Such license shall be granted upon the payment to the city or town treasurer,
annually, of a fee of $25 for the use of said city or town; the license shall be signed
by a majority of the municipal officers, and shall continue in force from May 1 to
May 1 of the succeeding year. Every license so granted shall contain the name
of the person licensed, a designation of the city, street, and number of the house
or building in which the licensee is authorized to carry on the employment agency,
and the number and date of such license, and shall be exhibited in a public and
conspicuous place in the office or place of business of the licensee. Such license
shall not be valid to protect any other place than that designated therein, unless
consent is first obtained from the municipal officers, nor until the written consent
to such transfer, of the surety or sureties on the bond required by the following
section is filed with the original bond. No such agency shall be located in a
building or upon premises where intoxicating liquors are sold or dispensed con­
trary to law, or which or part of which is used as an inn, lodging house, or board­
ing house; nor shall any license be issued to any person directly or indirectly
interested in the sale of intoxicating liquors. The application for such license
shall be filed with the municipal officers at least one week prior to the date of
hearing thereon, and the municipal officers shall act upon any application within
30 days after the filing thereof. Each application shall be accompanied by the
affidavits of two persons who have known the applicant, or the chief officers
thereof, if a corporation, for two years at least, stating that the applicant is, or
said officers are, of good moral character, and a resident, or residents, of the State
and has, or have, been such for at least five years prior to the date of such
application.
Sec. 7. Bond.— The municipal officers shall require such person to file with his
application a bond to the inhabitants of the city or town wherein such application
is made, in the penal sum oi $1,000, with one or more sureties, to be approved by
said municipal officers, conditioned that the obligor will conform to and not
violate any of the duties, terms, conditions, provisions, or requirements of sections
6 to 13, inclusive. Whoever is aggrieved by the misconduct of any such licensed
person, may maintain an action in the name of the inhabitants of the city or
town, to whom the bond was given, but for his own benefit, upon the bond of
such person, in any court having jurisdiction, and shall be liable for costs in such
action, and the inhabitants of such city or town shall not be liable.
S e c . 8. Register.— Every such licensee shall keep a register in which shall be
entered in the English language the date of every accepted application for employ­
ment, name and address of the applicant to whom employment is offered or
promised, written name and address of the person to whom applicant is sent for
employment, and of the fee received. The aforesaid register of applicants for
employment shall be open during office hours to inspection by any one or more
of the municipal officers, their authorized agents, or any police officer when on
duty. No licensee, or his employees, shall knowingly make any false entry in
such register.
S e c . 9. Receipts, return of fees.— Every licensee shall give to each applicant
for employment from whom a fee or other valuable thing shall be received for pro­
curing such employment, or to whom a charge is made therefor, which fee or other
valuable thing shall in no case exceed the sum of $1 if paid in advance, or $1.25
if charged to the applicant, a receipt, if said fee is paid in advance, or a statement
if it is charged, in which shall be stated the name of the applicant, the amount
of the fee or other valuable thing, the date, the name or nature of the employment
or situation to be procured, and the name and address of the person, firm, or
corporation to whom the applicant is referred or sent for work or employment.
Such fee shall be in full compensation for all service of said licensee. If the appli­
cant does not obtain a situation, or employment through the agency of such
licensee within six days after the application as aforesaid, said licensee shall return
to said applicant on demand the amount of the fee or other valuable thing so
paid and delivered by said applicant to said licensee, or if a charge was made,
said licensee shall cancel the same, provided that said person seeking employment
through such agency does not break any agreement he may make with said
licensee, relative to time of entering into the employment sought for. The man to
be employed must be furnished with a duplicate card showing name, last residence,
and name and residence of nearest relative or friend. No licensee shall by himself,
agent, or otherwise, induce or attempt to induce any employee to leave his employ­
ment with a view to obtaining other employment through such agency.
161109°— 33------6




78

TEX T OF THE LAWS

S e c . 10. Acts forbidden.— No licensee shall send, or cause any female help or
servant, or inmate, or performer, to be sent to any questionable place or place of
bad repute, house of ill fame, or assignation house, or to any house or place of
amusement kept for immoral purposes, or place resorted to for the purpose of
prostitution, vice, or gambling the character of which such licensee knows,
either actually or by reputation. No licensee shall knowingly permit questionable
characters, prostitutes, gamblers, intoxicated persons, or procurers to frequent
such agency. No licensee shall accept any application made by or on behalf of any
child for, or shall place or assist in placing any child in, any employment in
violation of law.
Sac. 11. Enforcement— The enforcement of sections 6 to 13, both inclusive,
shall be entrusted to the municipal officers during their term of office and until
the qualification of their successor or successors. Complaints of the violation
of any provision of said sections shall be made orally or in writing to said mu i ipal
officers, and reasonable notice thereof, and of the time and place of hea i g, not
less than 24 hours, shall be given in writing to such licensee by serving U on him
j
a concise statement of the facts constituting the complaint; the hearing shall he
had before said municipal officers at such time and place as they may designate,
within one week from the date of such service, and no adjournment shall be tak n
for a period longer than one week. The result of such hearing shall be announced
within one week from the date thereof. The municipal officers may refuse to
issue and may revoke any license for good cause shown within the meaning and
purpose of said sections; and when it is shown to the satisfaction of a majority
of said municipal officers that any person is guilty of any immoral, fraudulent,
or illegal act or conduct in connection with said business, said municipal office s
shall revoke the license of such person; but notice of such charges shall be pre­
sented in writing signed by the party making the same and reasonable oppor­
tunity shall be given such licensee to defend himself in the manner heretofore
provided in this section. Whenever said municipal officers shall refuse to issue
or shall revoke any license of an employment agency, their decision shall be final.
Whenever for any cause such license shall be revoked, such revocation shall take
effect upon announcement of the decision, and such revocation shall be considered
good cause for refusing to issue another license to said person or his representative,
or to any person with whom he is to be associated in the business of furnishing
employment or help.
Sec. 12. Violations.— Whoever violates any provision of sections 6 to 13, both
inclusive, of this chapter, except as is otherwise provided, shall be panished by a
fine of not more than $25 with costs of prosecution. Judges of municipal and
police courts, and trial justices shall have jurisdiction of such offenses, and in
default of payment may commit the respondent to the county jail or house of
correction for a period of not more than 30 days. Any municipal officer may
institute criminal proceedings to enforce the provisions of said sections.
S e c . 13. Definitions.— The term “ person” in the six preceding sections shall
include a person, company, society, association, firm, or corporation; and the
term “ employment agency” shall include the business of keeping an intelligence
office, employment bureau, or other agency for procuring work or employment for
persons seeking employment, or for acting as agent for procuring such work or
employment, where a fee or other valuable thing is exacted, charged or received, or
for procuring or assisting to procure employment, work, or situation of any kind or
for procuring or providing hereby for any person; but said sections shall not apply
to the employment of seamen nor to teachers’ agencies or charitable institutions.

MARYLAND

ANNOTATED CODE, 1924
A r t ic l e

56.—Licenses

S e c t i o n 232. Employment offices, etc.— Each person, firm, agency or corpora­
tion maintaining an intelligence office or employment agency in this State before
doing so shall first take out a license therefor by paying an annual tax of $10 for
each intelligence office or employment agency.
[However see Ordinance No. 433 (1909-10) applicable to Baltimore City,
providing for an annual license fee of $25 for employment agencies payable to the
collector of water rents and licenses.]




PRIVATE EMPLOYMENT AGENCIES

79

MASSACHUSETTS

GENERAL LAWS, 1921
C hapter

140.—Licenses

S e c t i o n 41 (as amended 1930, ch. 117). License required.— Whoever without a
license therefor, establishes or keeps an intelligence office for the purpose of
obtaining or giving information concerning places of employment for domestics,
servants or other laborers, or for procuring or giving information concerning such
persons for or to employers, or for procuring or giving information concerning
employment in business, shall be punished by a fine of $10 for each day such
office is so kept.
Sec. 42. Local licenses.— The licensing board in Boston, the license commission
in Lowell, the aldermen in other cities and the selectmen in towns, may, for the
purposes mentioned in the preceding section, grant licenses to suitable persons,
subject to sections 202 to 205, inclusive, and may revoke them at pleasure.
Sec. 43. Fees, acceptance of.—The keeper of an intelligence office shall not
receive or accept any money from a person seeking employment through the
agency of such office, unless employment of the kind demanded is furnished.
Sec. 44. Return of fee.— If a person who receives employment through the

agency of an intelligence office is discharged by his employer within 10 days after
the time of entering upon such employment, and such discharge is not caused by
his inability, incompetence, refusal to perform the work required or other fault,
the keeper of such intelligence office shall on demand refund to him five-sixths of
the amount paid to such keeper by the employer [employee] on account of such
employment.
Sec. 45. Law to be printed.— City and town officers who are charged with the
duty of granting licenses to keepers of intelligence offices shall cause sections 43
to 46, inclusive, to be printed on every such license. They shall also cause to be
prepared and shall furnish to each keeper of a licensed intelligence office copies of
said sections, printed upon cardboard in type of a size not smaller than pica, and
each licensee shall conspicuously post three of said printed copies in each room
occupied by him for the purpose of such intelligence office.
Sec . 46. Violations.—If a keeper of an intelligence office violates any provision

of the three preceding sections, his license may be suspended or revoked by the
licensing authorities mentioned in section 42 and he shall be punished by a fine of
not less than $25 nor more than $50.
MICHIGAN

COMPILED LAWS, 1929
C h apter

153.— Private employment agencies

S e c t io n 8584. Administration.—The governor shall on or before November 1,
1929, appoint an administrator of this act. The administrator shall be known as

the State superintendent of private employment bureaus, and shall operate under
the direction of the department of labor and industry. His term of office shall be
coincidental with the term of office of the governor. It shall be the duty of said
State superintendent of private employment bureaus to administer this act and
he or his deputies shall have the power and authority of sheriffs and other peace
officers to make arrests for the violation of the provisions of this act. It shall also
be his duty to investigate all complaints against employment bureaus and to take
such action as he may deem necessary to prevent fraud, to inspect during business
hours all private employment agencies, to keep a book of registration in which
shall be entered the names and places of business of all persons to whom a license
or permit is issued under this act, to examine all applications for licenses and per­
mits and pass judgment upon them, to issue the classes of licenses and permits as
hereinafter provided for. The State superintendent of private employment bu­
reaus shall receive a salary not to exceed $5,000 per year. He shall employ an
assistant at a salary not to exceed $1,200 per year. Said superintendent of pri­
vate employment bureaus at the time of his appointment or during the tenancy of
his office as such shall not be in the employ of the State or any other municipalities
thereof in any other capacity. He shall establish an office in the city of Detroit
and before entering upon the duties of his office he shall give a bond to the people
of the State of Michigan for the faithful receipt and accounting of all moneys re­
ceived by him in the performance of his duties, the amount to be fixed by the sec­




80

TEX T OP THE LAWS

retary of state undersigned by a surety company at the expense of the State
treasury and to be approved by the auditor general and the attorney general,
said bond shall be filed in the office of the secretary of state.
Sec. 8585. Definition.— The term “ employment agent” or “ employment
agency” as used in this act means any person engaged for gain or profit in the busi­
ness or profession of serving, assisting, or counseling employees seeking employ­
ment or employers seeking to procure employees. The term “ theatrical employ­
ment agency” as used in this act means the business of conducting an agency,
bureau, or office for the purpose of procuring or offering, promising, or attempting
to provide engagements for circus, vaudeville, theatrical, or other entertainments
or exhibitions or performances, or of giving information as to where such engage­
ments may be procured or provided.
The term “ theatrical engagement” as used in this act means any engagement
or employment of a person as an actor, entertainer, or performer, in a circus,
vaudeville, theatrical, or other entertainment, exhibition, or performance.
The term “ emergency engagement” as used in this act means an engagement
which has to be performed within 48 hours from the time when the contract for
such engagement is made.
The word “ employer” as used in this act, means any person employing or seek­
ing to employ any person for hire.
The word “ employee” as used in this act, means any person performing or seek­
ing to perform work or service of any kind or character whatsoever for hire.
The word “ person” as used in this act means any person, firm, association, or
corporation.
S e c . 8586. License.— No person shall open, operate, or maintain an employ­
ment agency in the State of Michigan without first procuring a license from the
State superintendent of private employment bureaus: Provided, That regularly
established educational institutions, religious, labor, charitable, benevolent organ­
izations and departments or bureaus maintained for the purpose of obtaining em­
ployment for which no fee, compensation, or other valuable consideration is
charged or received, directly or indirectly shall be exempt from the requirement
of a license, but shall not open, operate, or maintain such employment bureau or
department until a permit has been secured from the State superintendent of
private employment bureaus.
S e c . 8587. Application.— Every applicant for a license shall file with the State
superintendent of private employment bureaus a written application stating the
name and home address of the applicant, the kind of license desired, the street
and number of the building in which the employment agency is to be maintained,
if an office building the number of the office, the name of the person who is to have
the general management of the office, the names of those financially interested
therein, the name under which the business of the office is to be carried on, whether
or not the applicant is financially interested in any other business and if so, the
nature of such business and at what address and city it is carried on. Such appli­
cation shall be signed by the applicant and sworn to before anyone qualified by
law to administer oaths. If the applicant is a corporation the application shall
state the names and home addresses of all the officers and directors of such corpor­
ation and shall be signed and sworn to by the president, treasurer and secretary
thereof. If the applicant is a partnership the application shall state the names
and home addresses of all partners therein and shall be signed and sworn to by all
.of them. Such application shall also state whether or not said applicant or appli­
cants is at the time of making application or has at any previous time been engaged
or interested in or employe^ by anyone engaged in the business of conducting an
employment agency either m this State or any other, and if so, where and when.
Said application shall also give as references the names and addresses of at least
three persons of reputed business or professional integrity located in the city or
town where such applicant intends to conduct his business.
S e c . 8588. Investigation.— Upon filing of an application for a license as pro­
vided in section 4 [8587] hereof, the State superintendent of private employment
bureaus shall cause an investigation to be made as to the character and financial
standing of the applicant, if the applicant is a corporation, of all the officers
thereof, if a partnership, of all partners, also of the person who is to have the gen­
eral management of the office and as to the location of the office. The applica­
tion shall be rejected if the State superintendent of private employment bureaus
shall find that any of the persons named as applicants in the application or the
general manager of the office are not of good moral character, business integrity,
or financial responsibility and if there is any good and sufficient reason within the
meaning and purpose of this act for rejecting such application. Unless the appli­
cant shall be rejected for one or more of the causes specified above it shall be




PRIVATE EMPLOYMENT AGENCIES

81

granted. A detailed record of such investigation shall be made in writing and
become a part of the official records of the State superintendent of private
employment bureaus.
Sec. 8589 (as amended 1931, No. 206). Application.— Every applicant for a
permit shall file with the State superintendent of private employment bureaus a
written application in the form required by him. Upon filing of an application for
a permit, provided for in section 3 [8586], the State superintendent of private
employment bureaus shall cause an investigation to be made. He shall refuse to
grant a permit for any good and sufficient reason within the meaning of this act.
If an application for a permit is issued to the applicant it shall state the name and
address of the institution, organization, firm, person, corporation, or association
to which such permit [is] issued, the name of the person who is to have immediate
charge, the name under which the bureau or department is to be carried on and the
address and the date and number of the permit. Every such permit unless previ­
ously revoked shall remain in force until December 31 next after its issue.
Every application for a permit shall be granted or refused within 30 days from date
of filing. Application forms for renewal of permits shall be furnished by the State
superintendent of private employment bureaus to each applicant on or before
November 15 of each year.
(a) Permit fees.—A charge of $5 shall be made for the issuance of such a permit.
Such permit fees shall be turned over by the State superintendent of private
employment bureaus to the State treasury. Every permit shall be hung in a
conspicuous place in the main office where the bureau or department conducted
under such permit is carried on;
(b) Records.— Every holder of a permit shall keep or cause to be kept a record
of the name and address of every employee directed to or placed in employment
together with the kind of employment to which the employee was directed, or
which he accepted, a record of the names and addresses of all employers to whom
an employee is directed or with whom employment is accepted. Such records
shall also contain the date of every transaction. All such records shall be kept
for at least one year and shall be open at all reasonable times to the inspection
of the State superintendent of private employment bureaus at the place where
said bureau or department is conducted for the purpose only of satisfying said
State superintendent of private employment bureaus that the records are being
kept in conformity with this act:
(c) Provided, That this act and all sections thereof shall not apply to any
person, who maintains an employment offtce for his own intraorganization pur­
poses exclusively, nor to associations of employers or labor organizations whether
voluntarily associated or incorporated, which are furnishing help or employment
for their own members exclusively.
S e c . 8590. Bond.— Every application for a license shall be accompanied by a
bond in the sum of $1,000 by a duly authorized surety company to be approved
by the State superintendent of private employment bureaus and filed by the
State superintendent of private employment bureaus in the office of the secre­
tary of State, and shall be conditioned that the person or persons applying for the
license shall comply with the terms of each and every contract entered into be­
tween the person or persons and any employee or employer, and said bond shall
further be conditioned to guarantee to the employer or employee the return of
any and all moneys paid out by him as set forth in section 17 [8600] (d) of this act.
Such bond shall further be conditioned so that the revocation of any license shall
not affect the coverage provided by the bond as to any acts that occurred prior to
the date of such revocation. If at any time in the opinion of the State superin­
tendent of private employment bureaus the surety shall become irresponsible,
the person holding such license shall upon notice given by the said State super­
intendent of private employment bureaus give a new bond, subject to the pro­
visions of this section. The failure to give a new bond within 10 days after such
notice shall operate as a revocation of a license.
S e c . 8591. License fees.— The license fee shall be as follows: In all cities or
towns having a population of less than 100,000, the license fee shall be $50. In
all cities having a population between 100,000 and 250,000, the license fee shall be
$75. In all cities having a population between 250,000 and 500,000, the license
fee shall be $100. In all cities having a population of more than 500,000 the
license fee shall be $200. Such population to be based on and determined by
the last preceding Federal census of such cities. Such license fees shall be
turned over by the State superintendent of private employment bureaus to the
State treasury.




82

TE X T OF THE LAWS

S e c . 8592. Form of license.— The license shall state the name of the employ­
ment agent, and if a corporation the names of all the officers, if a partnership
the names of all the partners, the location of the office where the business is to be
conducted, the name of the person who is to be charged with the general manage­
ment of the office, and the name under which the business is to be carried on.
The license shall also be numbered and dated and state whether it is class 1, class 2,
or a class 3 license as hereinafter provided. Every application for a license shall
be granted or refused within 30 days from the date of filing and application forms
for renewal of licenses shall be furnished by the State superintendent of private
employment bureaus to each applicant on or before November 15 of each year.
Sec. 8593. Posting.— The State superintendent of private employment bu­

reaus shall cause to be prepared and shall furnish to each employment agent
holding a class 1 license, copies of sections 17, 18, 19, 20, and 21 [8600, 8601, 8602,
8603, and 8604] of this act, and in addition thereto all sections of the act appli­
cable to a class 1 license, all to be printed in a type of size not smaller than brevier
and to be hung in a conspicuous place in each room occupied by the employment
agency.
Sec. 8594. Duration of license.—Every license unless previously revoked shall

remain in force until December 31, next after its issue.
S e c . 8595. Suspension and revocation.— (a) Should the State superintendent
of private employment bureaus find that the employment agent has violated any
of the general provisions of this act or those governing his class of license or has
acted dishonestly in connection with his business or has improperly conducted
his business or that any other good and sufficient reason exists within the mean­
ings and purpose of this act, said State superintendent of private employment
bureaus shall suspend or revoke said license or refuse to grant a new license upon
the termination thereof, but in any case no such action shall be taken until a
written notice has been served on said employment agent, specifying the charges
against him and he has been given a fair trial with respect thereto;
(b) The decision of the State superintendent of private employment bureaus
either reviewing, suspending or revoking a license under this act shall be subject
to review by writ of certiorari to the circuit court of the county where the appli­
cant conducts his business or intends to establish it;
(c) Whensoever for any cause a license is revoked, said State superintendent
of private employment bureaus shall not within three years from date of such
revocation issue another license to the person or persons whose license has been
revoked or to his or their representatives or to any person with whom he or they
are to be associated. This provision shall not apply to any case where an appeal
has been taken as provided for under subdivision (b) of this section and the court
has found for the employment agent.
S e c . 8596. Transfer of license.— No licenses granted under the terms of this act
shall be transferable, except that the employment agent may at any time admit
a partner to the business as herein provided. However, no employment agent
shall permit any person not mentioned in the license to become connected with
the business as a partner, or as general manager or as an active officer of a corpor­
ation, unless the written consent of the State superintendent of private employ­
ment bureaus shall first be obtained. Such consent may be withheld for any
reason for which an original application for a license might have been rejected, if
the person in question has been mentioned therein. If the consent is given, the
name or names of the person or persons so becoming connected with the employ­
ment agency shall be endorsed upon the license.
S e c . 8597. Place of business.— No employment agent shall open, conduct, or
maintain an employment agency at any other place than that specified in the
license without first obtaining the written consent of the State superintendent.
So long as the employment agency shall continue to act as such under its license
it shall maintain and keep open an office or place of business at the place specified
in that license.
Sec. 8598. Classification of licenses.— (a) Licenses granted under the provi­
sions of this act shall be of three sorts, designated as a class 1 license, a class 2
license, and a class 3 license. A class 1 license shall entitle the holder thereof to
serve those in all occupations not enumerated in classes 2 and 3, except teachers’
employment agencies.
(6)
A class 2 license shall entitle the holder thereof to engage in the business or
profession of serving those seeking employment and those seeking employees in
technical, clerical, accounting, executive, professional nursing, sales, engineering
in all its branches, and like pursuits;
(c)
A class 3 license shall entitle the holder thereof to engage in the business or
profession of serving those seeking employments or those seeking employees in




PRIVATE EMPLOYMENT AGENCIES

83

circus, vaudeville, theatrical or entertainments, exhibitions, or performances
and allied pursuits;
(id) Nothing in this act shall be construed to prohibit an employment agent
holding a class 1 license from serving those who fall within the classification set
forth in subdivision (b) of section 15 [8598] governing a class 2 license, provided
the agency is conducted under the rules governing a class 2 license; but under no
condition shall a licensee be allowed to conduct a theatrical agency under any but
a class 3 license. Any question of classification shall be determined by the State
superintendent of private employment bureaus. An appeal may be taken by an
employment agent as provided for in section 12 [8595] covering revocation of
licenses.
Sec. 8599. Rules for various classifications.— The following rules shall govern
the classes of licenses so designated:

Class 1 license
(а) Every employment agent licensed under a class 1 license shall post in a con­
spicuous place in every room used for business purposes in the employment office
conducted by him and shall have printed on the back of every receipt issued by him
or his employers a schedule showing the employment agent’s service charges to be
made to either employees or employers or both, and said schedule so posted and
printed on the back of each receipt shall contain the definition of “ accept,”
“ method of payment,” “ permanent employment,” “ temporary employment,”
“ charge for supposed to be permanent employment that proves to be temporary,”
“ charge for accepting address of proposed employer and failing to interview him,”
“ charge for accepting employment and failing to report for duty,” and also
section 17 [8600] (g) ;
(б) Every employment agent licensed under a class 1 license shall post in a
conspicuous place in every room used for business purposes in the employment
office conducted by him, section 16 [8599] (rules A, B, C, under class 1 license)
and sections 17, 18, 19, 20, and 21 [8600, 8601, 8602, 8603, and 8604] of this act;
(c)
No employment agent holding a class 1 license shall direct any employee
to employment at any place outside of the office of such employment agent with­
out giving to such employee in written form the name and address of the employ­
ment agency, the name of the licensee, the name of the employee so directed,
the name of the employment agent’s representative so directing, the name and
address of the employer to whom the employee is directed, the kind of employment
to be obtainable at such a place, and the wage or salary that such proposed
employment is to pay: Provided, That nothing herein shall be construed to pro­
hibit an employment agent from directing an employee by telephone to apply
for employment, but such telephone message shall be confirmed on the regular
above prescribed form in writing by the employment agent within 24 hours after
the telephone conversation and a carbon copy of each confirmation shall be kept
on file at the place of business of said employment agent for a period of at least
one year.
Class 2 license
Every employment agent licensed under class 2 license shall enter into a written
agreement with every employee, employer, or both, for service to be rendered
for which a charge is made or to be made to said employee or employer by the
employment agent, which agreement shall contain the date the name and address
of the employment agency, the name of the licensee, and shall clearly set forth
the agency’s service charges and the time and methods of payment; and on either
the face or the back of such contract shall appear the definition of “ accept,”
“ permanent employment,” “ temporary employment,” “ charge for supposed to
be permanent employment that proves to be temporary,” “ charge for accepting
address of proposed employer and failing to interview him,” “ charge for accepting
employment and failing to report for duty” : Provided, That nothing herein
shall be construed to prohibit an employment agency for good and sufficient rea­
son from rendering service to an employee or an employer without these parties
having first entered into a written agreement, in which event an agreement form
shall immediately be dispatched to the employer or employee by said employment
agent within 24 hours after an employee has been directed to an employer or an
employer has been directed to an employee.




84

T EX T OP THE LAWS

Class S license
(а) Every employment agent conducting a theatrical employment agency,
before making a theatrical engagement, except an emergency engagement, for
an employee with any employer for services in any such engagement shall prepare
and file in such agency a written statement signed and verified by such employ­
ment agent setting forth how long employee has been engaged in the theatrical
business. Every such statement shall be kept for the period of one year. Such
statement shall set forth whether or not such employer while financially interested
in a theatrical business has failed to pay salaries or left stranded any company,
group or employee during the five years preceding the date of application and
further shall set forth the names of at least two persons as references. If such
employer is a corporation, such statement shall set forth the names of the officers
and directors thereof and the length of the time such corporation or any of its
officers have been engaged in the theatrical business and the amount of the
paid-up capital stock. It shall further state whether any such officers or directors
while previously engaged in the theatrical business have failed to pay salaries
or left stranded any company, group or employee. If any allegation in such writ­
ten verified statement is made upon information or belief, the person verifying
the statement shall set forth the sources of his information and the grounds of his
belief. Such statement so on file shall be kept for the benefit of any employees
whose services are sought by any such employer;
(б) Every employment agency conducting a theatrical employment agency who
shall procure for or offer to an employee a theatrical engagement shall have exe­
cuted in duplicate a contract containing the name and address of the employee, the
name and address of the employer, and that of the employment agent acting for
such employer in employing such employee; the character of the entertainment to
be given or services to be rendered; the number of performances per day or per
week that are to be given; by whom the transportation is to be paid, and if by the
employee, either the cost of the transportation between the places where said
entertainment or services are to be given or rendered, or the average cost of
transportation between the places where such services are to be given or rendered;
and if a dramatic engagement the cost of transportation to the place where the
services begin if paid by the employee; and the gross commissions or fees to be
paid by said employee and to whom.
Sec . 8600. Rules for all classifications.— In addition to the foregoing rules gov­
erning specific classifications the following rules shall govern each and every em­
ployment agent:

(a) Every license of whatever classification shall be hung in a conspicuous
place in the main office of the employment agency;
(b) Every employment agent shall give to every person from whom a payment
is received for services rendered or to be rendered or assistance given or to be given,
a receipt bearing the name and address of the employment agency, the name of
the licensee, the name of the person receiving the money, the amount of the
payment, the date of payment, and for what it is paid. Every such receipt shall
be numbered and bound in duplicate form. The duplicate shall be kept at least
one year at the office of the licensed agent;
(c) Every employment agent shall keep for the period of at least one year a
complete record of all orders for employees received from employers and the full
name of the person placing the order, the date on which the order is placed, the
name and address of every employee directed to an employer, the nature of the
employment and the name and address of the employer to whom the employee is
directed. A record shall also be kept of the name and address of every employee
accepting employment, the name and address of the employer with whom employ­
ment is accepted, the nature of the employment, the probable duration of the
employment, the rate of wages or salary to be paid to the employee, the amount
of the employment agent’s service charges, the dates and amounts of payments,
the date and amount of refund, if any, a space for remarks, under which shall be
recorded anything of an individual nature to amplify the foregoing record as infor­
mation in the event of any question arising concerning the transaction. Such
records shall during business hours be open to the inspection of the State superin­
tendent of private employment bureaus at the address where said employment
agency is conducted for the sole purpose of satisfying said State superintendent
of private employment bureaus that they are being kept in conformity with
this act. Should the State superintendent of private employment bureaus be
in possession of facts which justify the believing that the agent is guilty of prac­
tices enumerated in section 21 [8604] of this act, he shall request the employment




PRIVATE EMPLOYMENT AGENCIES

85

agent for the privilege of examining the agency records, and such request shall
be granted by the agency unless the employment agent has reasons to believe
that the request of the said State superintendent of private employment bureaus
is for the purpose of securing confidential information concerning the business
of the agency or the employer. Then the employment agent may refuse the
request of the State superintendent of private employment bureaus, in which
case the State superintendent of private employment bureaus may take action as
provided under section 12 [8595] of this act. Upon written complaint of an em­
ployee or employer, the State superintendent of private employment bureaus may
require of the employment agent against whom the complaint is made a detailed
account in writing and under oath of the transaction referred to in the complaint,
but in no other case shall the employment agent be required to file any form or
report as to the business conducted by said employment agent. In the event
that the State superintendent of private employment bureaus has reason to ques­
tion the detailed report so submitted to him by the employment agent, the said
State superintendent of private employment bureaus shall have authority to
demand of the employment agent the production of said records for examination
by him;
(d) No employment agent shall direct an employee to employment without
having obtained either orally or in writing a bona fide order therefor, and if no
employment of the kind specified by the employment agent existed at the place to
which such employee was directed or if no other employment in substitution
thereof is accepted by the employee, the said employment agent shall within 24
hours of demand refund to said employee any sums paid by said employee for
transportation in going to and returning from such place and all fees paid by said
employee: Provided, That nothing in this act shall be construed to prevent an
employment agent from directing an employee to an employer where said em­
ployer has previously requested that he be accorded interviews with employees of
certain types and qualifications, even though no actual vacancy existed in said
employer’s organization at the time the employee was so directed, nor shall it
prevent an employment agent from attempting to sell the services of an employee
to an employer, even though no order has been placed with said employment
agent: Provided, however, That the employee is acquainted with the facts when
directed to said employer, in which event no employment agent shall be liable to
an employee for the expenses the employee has had as provided herein;
(e) No employment agent shall by himself or by his agent or agents solicit or
persuade any employee to leave any employment which was secured for said
employee through the negotiations of said employment agent, or his agent or
agents;

( /) Nor shall any employment agent by himself or through any of his agents
persuade or induce or solicit any employer to discharge any employee;
(g)
Where an applicant has not been accepted by a proposed employer or has
refused to accept the place of proposed employment, and no other employment
has been accepted in substitution thereof, all fees collected shall be returned by
the employment agent to the applicant on demand unless otherwise contracted
for in writing: Provided, That the applicant returns to the agent within 24 hours
presenting proof of not accepting or obtaining the position: Provided further, That
if the place of employment to which the applicant has been referred is more than
50 miles from the office of said employment agent, the applicant shall have an
additional 24 hours for each 50 miles that the place is distant from the office of
said employment agent for presenting said proof.
S e c . 8601. False advertising.— No employment agent shall willfully cause to be
printed, published, or circulated a false or fraudulent notice or advertisement for
employees or for obtaining employment.
S e c . 8602. Immoral resorts.— No employment agent shall knowingly procure,
entice, send, or aid or abet in procuring, enticing, or sending a woman or girl to
practice prostitution, or to enter as an inmate or a servant a house of ill fame, or
other place resorted to for prostitution, or for the purpose of taking part or per­
forming in unclean, nude, licentious, lewd, or vicious shows.
S e c . 8603. Fraud, etc.— No employment agent or his agent shall give, offer, or
promise to an agent, employee, or servant any gift or gratuity whatever with in­
tent to influence his action in relation to the business of his principal, employer or
master, and no agent, employee, or servant shall request or accept a gift of gratu­
ity or a promise to make a gift or to do an act beneficial to himself, under an
agreement or with an understanding with an employment agent or his agent that
he shall act in any particular manner, in relation to the business of his principal,
employer, or master. No employment agent or his agent shall give, offer, or
promise to an employer or his agent any gift or gratuity whatever with intent to



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TEX T OP THE LAWS

influence his action in employing or discharging employees and no employer or his
agents shall accept a gift or gratuity or a promise to make a gift or to do an act
beneficial to himself, under an agreement or with an understanding with an em­
ployment agent or his agent, that he shall employ or discharge employees. No
person shall be excused from attending, testifying, or producing books, papers,
contracts, agreements, and documents before any courts or in obedience to the
subpoena of any court having jurisdiction of the offense described herein, on the
ground or for the reason that the testimony or evidence, documentary or other­
wise, required of him, may tend to criminate him or subject him to a penalty or
forfeiture, but no person shall be liable to any suit or procedure, civil or criminal,
for or on account of any transaction, matter or thing concerning which he may
testify or produce evidence, documentary or otherwise, before said court or in
obedience to its subpoena or in any such case or proceeding.
S e c . 8604. Violations.— Any person found guilty of the violation of any section
of this act shall be guilty of a felony and shall be subject to a fine of not less than
$300 or more than $1,000, or by imprisonment not to exceed four years or both,
at the discretion of the court.
MINNESOTA

LAWS OF 1925
C h apter

347.—Private employment agency

1. Definitions.— The term “ employment agent” or “ employment
agency” as used in this act means any person, firm, corporation, or association in
this State engaged for hire or compensation in the business of furnishing persons
seeking employment or changing employment, with information or other service
enabling or tending to enable such persons to procure employment, by or with
employers, other than such employment agent; or furnishing any other person,
firm, corporation, or association who may be seeking to employ or may be in the
market for help of any kind, with information enabling or tending to enable such
other person, firm, corporation, or association to procure such help.
The term “ employer” as used in this act means any person, firm, corporation,
or association employing or seeking to enter into an arrangement to employ any
person through the medium or service of an employment agent.
The term “ employee” as used in this act means any person, whether employed
or unemployed, seeking or entering into any arrangement for employment or
change of employment through the medium or service of an employment agent.
The term “ commission” as used in this act means the Industrial Commission of
the State of Minnesota.
S e c . 2. License.— No person, firm, corporation, or association shall open or
carry on an employment agency in the State, unless such person, firm, corporation,
or association shall first procure a license from the commission. Any person, firm,
corporation, or association who shall open or conduct any such agency without
first procuring a license, shall be guilty of a misdemeanor and shall be punished
by a fine of not less than $25, and not more than $100, or on failure to pay such
fine, by imprisonment for a period not to exceed 90 days, or both, at the discretion
of the court.
S e c . 3 (as amended 1929, ch. 293). Application.—Every applicant for a license
shall file with the commission a written application stating the name and address
of the applicant, the kind of license desired, the street and number of the building
in which the employment agency is to be maintained, the name of the person
who is to have the general management of the office, the name under which the
business of the office is to be carried on, whether or not the applicant is pecuniarily
interested in any other business of a like nature, and if so, where. Such applica­
tion shall also state whether the applicant is the only person pecuniarily interested
in the business to be carried on under the license and shall be signed by the appli­
cant and sworn to before a notary public. If the applicant is a corporation, the
application shall state the names and addresses of the officers and directors of
said corporation and shall be signed and sworn to by the president and treasurer
thereof. If the applicant is a partnership, the application shall also state the
names and addresses of all partners therein, and shall be signed and sworn to by
all of them. Said application shall also state whether or not said applicant is at
the time of making application, or has at any previous time, been engaged or
interested in, or employed by any one engaged in the business of conducting an
employment agency, either in this State or any other, and if so, when and where.
Said application shall also give as reference the names and addresses of at least
three persons of reputed business or professional integrity located in the city or
S e c t io n




PRIVATE EMPLOYMENT AGENCIES

87

town where such applicant intends to conduct his business. Every applicant for
a license to engage in the business of an employment agent shall, at the time of
making application for said license, file with the commission a schedule of the fees
or charges to be collected by such employment agent for any services rendered
together with all rules or regulations that may in any way affect the fees charged
or to be charged for any service. Such fees and such rules or regulations may
thereafter be changed by filing an amended or supplemental schedule showing
such charges, with the commission. It shall be unlawful for any employment
agent to charge, demand, collect, or receive a greater compensation for any serv­
ice performed by him than is specified in such schedule filed with the commission.
It shall be the duty of the industrial commission, and it shall have power,
jurisdiction, and authority to issue licenses to employment agents, and to refuse
to issue such license whenever, after due investigation, the commission or a major­
ity of the members thereof finds that the character of the applicant makes him
unfit to be an employment agent, or when the premises for conducting the busi­
ness of an employment agent is found upon investigation to be unfit for such use,
or whenever, upon investigation by the commission, it is found and determined,
that the number of licensed, employment agents or that the employment agency
operated by the United States, the State or by the municipality or by two or
more thereof jointly in the community in which the applicant for a permit pro­
poses to operate is sufficient to supply the needs of employers and employees.
Any such license granted by the commission may also be revoked by it upon due
notice to the holder of said license, and upon due cause shown. Failure to comply
with the duties, terms, conditions, or provisions of sections 1 to 18, inclusive, of
this act, or with any lawful orders of the commission, shall be deemed due cause
to revoke such license: Provided, however, That no employment agency duly
licensed to do business at the time of the passage of this act shall be denied a
renewal of his, her, or its license or have his, her, or its license revoked on the
ground that public necessity does not require such an agency.
S e c . 4. Fees.— All such licenses shall endure for a period of one year only, and
annual fees therefor shall be paid as follows: Every employment agent engaged
in placing female persons only in employment shall pay a license fee of $75.
Every employment agent engaged in placing male persons only in employment
shall pay a license fee of $100. Every employment agent placing both male and
female persons shall pay a license fee of $150. Such fees shall be paid into the
revenue fund of the State treasury and at the end of each fiscal year, the State
auditor shall cause to be paid out of said revenue fund to the city, village, or other
political subdivision, 50 per cent of the fees so paid and collected from the em­
ployment agents or agencies for offices located in such city, village, or other
political subdivision.
Sec. 5. Bond.— Every application for a license shall be accompanied by a bond
in the penal sum of $2,000 with one or more sureties or a duly authorized surety
company, to be approved by the commission and filed in the office of the secretary
of state, and shall be conditioned that the agent will conform to and not violate
any of the terms or requirements of this act or violate the covenants of any con­
tract made by such agent in the conduct of said business. Action on this bond
may be brought by and prosecuted in the name of any peison damaged by any
breach or any condition thereof and successive actions may be maintained thereon.
S e c . 6. Class of license.— After an application for a license has been granted
said license shall be issued to the applicant and shall state the name of the employ­
ment agent and if a corporation the names of the officers, if a partnership the
names of the partners, the location of the office where the business is to be con­
ducted, and the name of the person who is to be charged with the general manage­
ment of the business. The license shall also be numbered and dated and state
whether it is a class 1, class 2, or class 3 license as hereinafter provided.
Sec. 7. Period of license.— Every license unless previously revoked shall remain
in force until one year next after its issue, and every employment agent shall upon
payment of the amount of the license fee required and the filing of a new bond,
have issued to it a license for the ensuing year, unless the commission shall refuse
to do so for any of the reasons hereinbefore or hereinafter stated.
S e c . 8. Revocation of license.— If the commission shall find that the employ­
ment agent has violated any of the provisions of this act, or has acted dishonestly
in connection with his business, or has improperly conducted his business, or that
any other good and sufficient reason exists within the meaning and purpose of
this act, said commission may suspend or revoke said license, or refuse to grant
a new license to the employment agent upon the termination thereof; but in any
case no such action shall be taken until a written notice has been sent to said




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TEX T OF THE LAWS

employment agent specifying the charges against him and he has been given a
hearing if he requests, and a reasonable opportunity to disprove or explain said
charges.

Sec. 9. License rot transferable.— No license granted under the terms of this act
shall be transferable, except with the consent of the commission. No employment
agent shall permit any person not mentioned in the license to become connected
with the business as a partner or as an active officer of a licensed corporation unless
the consent of the commission shall first be obtained. Such consent may be with­
held for any reason for which an original application for a license might have been
rejected, if the person in question had been mentioned therein. If such consent
is given, the name or names of the person or persons so becoming connected with
the employment agency shall be endorsed upon the license, and if such license is
renewed shall be substituted for or added to the name or names of the person or
persons originally mentioned therein.
Sec. 10. Place of agency specified.— No employment agent shall open, conduct,
or maintain an employment agency at any other place than that specified in the
license without first obtaining the consent of the commission. Such consent may
be withheld for any reason for which an original application might have been re­
jected, if such place had been mentioned therein. If such consent is given, it shall
be endorsed upon the license, and if such license is renewed such other place shall
be substituted for the place originally named in said license. So long as any em­
ployment agent shall continue to act as such under his license, he shall maintain
and keep open an office or place of business at the place specified in the license.
Sec. 11. Classification.— Licenses granted under the provisions of this act shall
be designated as class 1, class 2, or class 3.
A class 1 license shall entitle the holder thereof to engage in a business of serving
those seeking employment and those seeking employees as woodsmen, agricultural
hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters, waitresses, scrub­
women, laundresses, maids, nurses, except professionals, and all domestics and
servants, unskilled workers, and general laborers.
A class 2 license shall entitle the holder thereof to engage in the business of serv­
ing those seeking employment and those seeking employees in technical (engi­
neering or otherwise) educational, clerical, executive and like pursuits not provided
for under either a class 1 or a class 3 license.
A class 3 license shall entitle the holder thereof to engage in the business of serv­
ing those seeking employment and those seeking employees in circus, vaudeville,
theatrical or other entertainments, exhibitions or performances, or allied pursuits.
Nothing in this act shall be construed to prohibit an employment agent holding
a class 1 license from serving those included under a class 2 license, provided the
business is conducted in accordance with the rules and regulations applicable to a
class 1 license; but under no circumstances shall a licensee be allowed to conduct
a theatrical agency under any but a class 3 license.
Any question of classification arising under the provisions of this act shall be
determined by the commission.
Sec. 12. Posting of license.— (a) Every employment agent licensed under a
class 1 license shall post in a conspicuous place in every room used for business
purposes in the employment office conducted by him and shall have printed on the
back of every receipt given, a schedule showing the amount of the service charges
to be made to either employees, employers or both. In no case shall the amount
collected exceed the schedule of charges so indicated.
(b) Every employment agent licensed under a class. 1 license shall post in a
conspicuous place in every room used for business purposes in the employment
office conducted by him a copy of sections 12 and 15 of this act to be furnished
said employment agent by the commission.
(c) No employment agent holding a class 1 license shall direct any applicant to
apply for employment at any place outside of the office of such employment agent
without first giving to such applicant in written form, the name and address of the
employment agent, the name of the applicant, the name and address of the person
to whom the applicant is referred, and the kind of employment supposed be to ob­
tainable at such place: Provided, That nothing herein shall be construed to jrohibit an employment agent from directing an applicant by telephone, to apply for
employment but such telephone message must be confirmed in writing by the em­
ployment agent within 24 hours after the telephone conversation, and a carton
copy of such confirmation shall be kept on file at the place of business of said em­
ployment agent for a period of one year.
Sec. 13. Contract for employment in writing.— Every employment agent licensed
under a class 2 license shall contract in writing with every applicant for employ­




PRIVATE EMPLOYMENT AGENCIES

89

ment for services to be rendered to said applicant by said employment agent, which
contract shall contain the date, the name and address of the employment agency,
the name of the employment agent, the service charge to be made to the applicant,
and the time and method of payments, and, on either the face or back of said con­
tract shall appear the definition of “ accept,” “ method of payment,” “ temporary
position,” and “ charge for permanent position which proves to be temporary.
Sec. 14. Theatrical agencies.— Every employment agent conducting a theat­
rical agency who shall procure for or offer to an applicant a theatrical engage­
ment shall have executed in duplicate a contract containing the name and address
of the applicant, the name and address of the employer, and of the employment
agent acting for such employer; the time and duration of such engagement;
the amount to be paid to such applicant; character of entertainment to be given
or services to be rendered; and the name of the person by whom the transpor­
tation is to be paid. One of such duplicate contracts shall be delivered to the
person engaging the applicant and the other shall be delivered to the applicant.
The employment agency procuring the engagement for such applicant shall keep
on file or enter in a book provided for that purpose, a copy of such contract.
Sec. 15. Additional rules.— In addition to the foregoing rules governing speci­
fic classifications the following rules shall govern each and every employment
agent:

(a) Every license, of whatever classification, shall be hung in a conspicuous
place in the main office of the employment agency.
(b) No fee shall be solicited or accepted as an application or registration fee by
any employment agent for the purpose of being registered as an applicant for
employment.
(c) Every employment agent shall give to every person from whom the pay­
ment of a service charge is received for services rendered or to be rendered, or
assistance given or to be given, a receipt bearing the name and address of the
employment agency, the name of the employment agent, the amount of the pay­
ment, the date of the payment and for what it is paid. Every receipt to an appli­
cant by an employment agent shall be numbered and bound in duplicate form.
Duplicate copy of each receipt shall be kept at least one year.
(d) Every employment agent shall keep a record of all services rendered em­
ployers and employees. Said record shall contain the name and address of the
employer by whom the services were solicited, the name and address of the em­
ployee, kind of position offered by the employer, kind of position accepted by the
employee, probable duration of employment, rate of wage or salary to be paid the
employee, amount of the employment agent’s service charge, dates and amounts
of payments, date and amount of refund if any, and for what, and a space for
remarks under which shall be recorded anything of an individual nature to ampli­
fy the foregoing report and as information in the event of any question arising
concerning the transaction. Such records shall during business hours be open to
the inspection of the commission at the address where said employment agency
is conducted, for the purpose of satisfying said commission that they are being
kept in conformity with this rule. Upon written complaint being made the com­
mission may require of the employment agent against whom the complaint is
made, a detailed account under oath in writing of the transaction referred to in
the complaint. In the event the commission has reason to question the detailed
report so submitted by the employment agent, the commission shall have authori­
ty to demand of the employment agent the production of said records for exami­
nation by it or its agent at such place as the commission may designate.
(e) No employment agent shall send out any applicant for employment with­
out having obtained either orally or in writing a bona fide order, and if no employ­
ment of the kind applied for existed at the place to which said applicant was
directed, the said employment agent shall refund to said applicant within 48
hours of demand any sums paid by said applicant for transportation in going to
and returning from said place, and all fees paid by said applicant: Provided,
That nothing in this act shall be construed to prevent an employment agent from
directing an applicant to an employer where said employer has previously re­
quested that he be accorded interviews with applicants of certain types and
qualifications, even though no actual vacancy existed in said employer’s organi­
zation at the time the applicant was so directed; nor shall it prevent an employ­
ment agent from attempting to sell the services of an applicant to the employer
even though no order has been placed with said employment agent: Provided,
however, That in any case the applicant is acquainted with the facts when directed
to said employer, in which event no employment agent shall be liable to any
applicant as provided in this rule.




90

T E X T OP THE LAWS

(/) No employment agent shall, by himself, or by his agent or agents, solicit,
persuade, or induce any employee to leave any employment in which employment
agent or his agents has placed said employee. Nor shall any agent by himself or
through any of his agents, persuade, or induce or solicit any employer to dis­
charge any employee.
(g) No employment agent shall knowingly cause to be printed or published a
false or fraudulent notice or advertisement far help or for obtaining work or
employment.
(h) Any employment agent who knowingly procures, entices, aids, or abets in
procuring, enticing, or sending a woman or girl to practice prostitution or to enter
as an inmate or a servant, a house of ill fame, or other place resorted to for prosti­
tution, the character of which, upon reasonable inquiry could have been ascer­
tained by said employment agent, shall be deemed guilty of gross misdemeanor
and punishable by a fine of not less than $100, and not more than $1,000 or on
failure to pay such fine by imprisonment for a period not to exceed one year, or
both, at the discretion of the court.
(t) No employment agent shall place or assist in placing any person in unlawful
employment.
(j) No employment agent shall fail to state in any advertisement, proposal,
or contract for employment that there is a strike or lockout at the place of pro­
posed employment, if he has knowledge that such condition exists.
(k) Any person, firm, or corporation who shall split, divide, or share, directly
or indirectly, any fee, charge, or compensation received from any employee with
any employer, or person in any way connected with the business thereof, shall be
guilty of a gross misdemeanor and shall be punished by a fine of not less than $100,
and not more than $1,000 or on failure to pay such fine, by imprisonment for a
period not to exceed one year, or both at the discretion of the court.
MISSOURI

REVISED STATUTES, 1929
C h apter

95,

A r t ic l e

2.— Employment bureaus and employment agents

S e c t io n 13190. Licenses; fees.— No person, firm, or corporation in this State
shall open, operate, or maintain an employment office or agency for hire, or where
a fee is charged to either applicants for" employment or for help, without first
obtaining a license for the same from the State commissioner of labor and indus­
trial inspection. Such license fee in cities of 50,000 population and over shall be
$50 per annum, and in all cities containing less than 50,000 population, a uniform
fee of $25 per annum. Every license shall contain a designation of the city, street
and number of the building in which the licensed party conducts said employment
agency. The license, together with a copy of sections 13190 to 13193, inclusive,
shall be posted in a conspicuous place in each and every employment agency.
The commissioner of labor and industrial inspection shall require with each
application for a license a bond in the penal sum of $500, with one or more sureties,
to be approved by said commissioner and conditioned that the obligors will not
violate any of the duties, terms, conditions, provisions, or requirements of said
sections. The said commissioner is authorized to commence action or actions on
said bond or bonds in the name of the State of Missouri for any violation of any
of its conditions, and he may also revoke, upon a full hearing, any license, when­
ever, in his judgment, the party licensed shall have violated any of the provisions
of said sections. It shall be the duty of every licensed agency to keep a register in
which shall be entered the names and addresses of every person who shall make
application for help or servants, and the names and nature of such employment for
which such help shall be wanted. Such register shall, at all reasonable hours be
open to the inspection and examination of the commissioner of labor and indus­
trial inspection and his agent or agents, deputies, or assistants. Where a regis­
tration fee is charged for receiving or filing applications for employment or help,
said fee shall, in no case, exceed the sum of $1 for which a receipt shall be given,
in which shall be stated the name of the applicant, the amount of the fee, the
date, and the name or nature of the work to be done or the situation to be procured.
In case the said applicant shall not obtain a situation or employment through
such licensed agency within one month, after registration, as aforesaid, then said
licensed agency shall forthwith pay and return to said applicant, upon demand
being made therefor, the full amount of the fee paid or delivered by said applicant
to said licensed agency. Any licensed agency shall not publish or cause to be
published any false or fraudulent notice or advertisement, or give any false




PRIVATE EMPLOYMENT AGENCIES

91

information or make any false promise concerning or relating to work or employ­
ment to any one who shall apply for employment, and no licensed agency shall
make any false entries in the register to be kept as herein provided. No person,
firm, or corporation shall conduct the business of any employment office or agency
in, or in connection with, any place where intoxicating liquors are sold.
Sec. 13191. Enforcement.— It shall be the duty of the commissioner, or his

deputies, agents, or assistants, to enforce sections 13190 to 13193, inclusive.
When informed of any violation, it shall be their duty to institute criminal pro­
ceedings for the enforcement of its penalties before any court of competent
jurisdiction. Any person convicted of a violation of the provisions of said sections
shall be deemed guilty of a misdemeanor, and shall be fined not less than $50 nor
more than $100 for each offense, or be imprisoned in the county jail for a period
not exceeding six months, or both.
Sec. 13192. Fees and fines.— All money or moneys received from fees and fines
under sections 13190 to 13193, inclusive, shall be turned into the State treasury
on or before the last day of each month and placed to the credit of the general
revenue fund.
Sec. 13193. Exemptions.— The free public employment bureaus organized and
established, or to be organized and established in this State by the commissioner
of labor and industrial inspection, or charitable organizations, shall not be subject
to the provisions of the three preceding sections.
Sec. 13194. Prohibited acts.— Every person who shall agree or promise or
who shall advertise through the public press, or by letter, to furnish employment
or situations to any person or persons, and in pursuance of such advertisement,
agreement or promise, shall receive any money, personal property, or other
valuable thing whatsoever, and who shall be guilty of any deception to any person
applying for employment or who shall direct any female applying for employment
to any house of prostitution, assignation house, or other immoral resort, or who
shall fail within three days to procure acceptable employment for an applicant,
and upon demand refuse to return the money paid by the applicant for employ­
ment, shall be deemed guilty of a misdemeanor, and shall, on conviction, be
punished by a fine of not exceeding $1,000 nor less than $100, or confined in the
county jail workhouse not longer than one year nor less than 60 days, or shall be
punished by both such fine and imprisonment.
MONTANA

REVISED CODES, 1921
C h a p te r

191.— Miscellaneous

licenses

S e c t io n 2434. License fee.— License must be obtained for the purposes here­
inafter named, for which the county treasurer must require payment as fol­
lows : * * *

4. For each keeper of an intelligence office, $10 per quarter.
C h apter

269.— Private employment agencies

S e c t io n 4157. Definitions.— The term “ person,” when used in this act, means
and includes any individual, company, association, or corporation, or their agents,
and the term “ employment agency” means and includes the business of keeping
an intelligence office, employment bureau, or other agency or office for procuring
work or employment for persons seeking employment, where a fee or privilege is
exacted, charged, or received, directly or indirectly, for procuring or assisting to
procure employment, work, or a situation of any kind, or for procuring or provid­
ing help for any person, whether such fee is collected from the applicant for em­
ployment or the applicant for help, excepting agencies for procuring employment
for school teachers exclusively. The term “ fee” as used in this act means money
or other thing of value, or a promise to pay money or thing of value.
Sec. 4158. License.— No person shall open, keep, or carry on any such employ­
ment agency in the State of Montana, unless every such person shall procure a
license therefor from the county treasurer of the county in which such person in­
tends to conduct such agency. Such license shall be granted upon the payment
fco said county treasurer of a fee of $5 annually for such employment agencies.
Sec. 4159. Same.— Every license shall contain the name of the person licensed,
a designation of the city, street, and number of the house in which the person




92

TEX T OF THE LAWS

licensed is authorized to carry on said employment agency, and the number and
date of such license.
S e c . 4160. Application.— The application for such license shall be filed not less

than one month prior to the granting of said license, and shall be accompanied by
the affidavits of two or more persons who have known the applicant or the chief
officer thereof, if the applicant is a corporation, for five years, stating that the said
applicant or officer thereof is a person of good moral character.
S e c . 4161. Bond.—The county treasurer of each county shall require such per­
son to file with his application for a license a bond in due form to the State of Mon­
tana, in the penal sum of $3,000, with two or more sufficient sureties, and condi­
tioned that the obligor will not violate any of the duties, terms, conditions, provi­
sions, or requirements of this act.
Sec. 4162. Action upon bond.— If any person shall be aggrieved by the miscon­
duct of any such licensed person, such person may maintain an action in his own
name upon the bond of said employment agent in any court having jurisdiction
of the amount claimed.

S e c . 4163. Registers.—It shall be the duty of every such licensed person to keep
a register, approved by the county treasurer, in which shall be entered the date
of every application for employment; the name and address of the applicant,; the
amount of the fee received. Such licensed person shall also enter in a separate
register approved by the county treasurer the name and address of every applicant
for help, the date of such application, the kind of help requested, the names of the
persons sent, with the designation of the one employed, the amount of the fee
received, and the rate of wages agreed upon. The aforesaid registers of applicants
for employment and for help shall be open during office hours to inspection by the
county treasurer.
Sec. 4164. Fees:— The fees charged applicants for any employment shall not
exceed the sum of $3. In case the applicant, through no fault, neglect, or refusal
of his own, shall not obtain help or employment through such agency, then such
licensed person shall, on demand, repay the full amount of the said fee, allowing
five days' time to determine the fact of the applicant's failure to obtain help or
employment.
Sec. 4165. Receipts.— It shall be the duty of such licensed person to give to

every applicant for employment from whom a fee shall be received a receipt in
which shall be stated the name of said applicant, the date and amount of the fee,
and the purpose for which it is paid, and to every applicant for help a receipt stat­
ing the name and address of said applicant, the date and amount of the fee, and
the kind of help to be provided. Every such receipt shall have printed on the
back thereof a copy of this section.
S e c . 4166. Gifts prohibited.— No such licensed person shall receive or accept any

valuable thing or gift as a fee in lieu thereof, and no fee shall be accepted by such
licensed person for any other purpose, directly or indirectly, by any pretense or
subterfuge employed to evade the interest or purpose of this "section, except as
herein provided. No such licensed person shall divide fees with contractors or
other employers to whom applicants for employment are sent.
Sec. 4167. Cards.— Every such licensed person shall give to each applicant for

employment a card containing the name and address of such employment agency,
and the written name and address of the person to whom the applicant is sent for
employment.
Sec. 4168. Posting.— Every such licensed person shall post in a conspicuous
place in each room of such agency a plain and legible copy of this act.
Sec. 4169. Sending outside of county.— Whenever such licensed person or any
other acting for him agrees to send one or more persons to work as contract
laborers in any one place outside the county in which such agency is located, the
said licensed person shall file with the county treasurer, within five days after the
contract is made, a statement containing the following items: Name and address
of the employer, name and address of the employee, nature of work to be per­
formed, hours of labor, wages offered, designation of the persons employed, and
terms of transportation.
Sec. 4170. Immoral, etc., resorts.— No such licensed person shall send or cause to
be sent any female help as servants or inmates to any questionable place, or
place of bad repute, house of ill fame, or assignation house, or to any house or
place of amusement kept for immoral purposes, the character of which such
licensed person could have ascertained upon reasonable inquiry.
S e c . 4171. Fraud.— No such licensed person shall publish or cause to be pub­
lished any false or fraudulent notice or advertisement; all advertisements of •
uch
employment agency by means of cards, circulars, or signs, and in newspapers and




PRIVATE EMPLOYMENT AGENCIES

93

other publications, and all letterheads, receipts, and blanks shall contain the name
and address of such employment agency, and no such licensed person shall give
any false information, or make any false promise concerning employment to any
applicant who shall register for employment or help.
S e c . 4172. Violations.—Any violation of the provisions of this act shall consti­
tute a misdemeanor punishable by a fine of not less than $100 nor more than $500,
or imprisonment for a period of not more than 90 days, or by both such fine and
imprisonment.
NEBRASKA

COMPILED STATUTES, 1929
C hapter 48, A rticle 5.— Employment agencies
Section 48-501. Definitions.— When used in this act the following terms are
defined as herein specified; the term “ person” means and includes any individual,
company, society, association, corporation, manager, contractor, subcontractor, or
their agents or employees. The term “ employment agency” means and includes
the business of conducting, as owner, agent, manager, contractor, subcontractor or
in any other capacity an intelligence office, domestic and commercial employment
agency, theatrical employment agency, bonding and reference bureau, shipping
agency, teachers’ employment agency, general employment bureau, or any other
agency or office for the purpose of procuring or attempting to procure help or
employment or engagements for persons seeking employment or engagements or
for the registration of persons seeking such help, employment, or engagement or
for giving information as to where and of whom such help, employment, or
engagement may be procured, where a fee or other valuable consideration is
exacted, or attempted to be collected, directly or indirectly, for such services,
whether such business is conducted in a building or on the street or elsewhere.
The term “ fee” means and includes any money or other valuable consideration
paid or promised to be paid for services rendered or to be rendered by any person
conducting an employment agency of any kind under the provisions of this act.
Such term includes any excess of money received by any such person, over what
has been paid out by him for the transportation, transfer of baggage or board and
lodging for any applicant for employment; such term also includes the difference
between the amount of money received by any such person who furnishes em­
ployees and the amount paid by him to such employees.
S e c . 48-502. License.— No person, firm, or corporation in this State shall open,
operate, or maintain a private employment agency for hire or for help without
first obtaining a license for the same from the secretary of labor, and the license fee
shall be $50 per annum, payable in advance on the first day of May of each year,
and shall expire on the last day of April of each year. Every license shall contain
a designation of the city, street, and number of the building in which the licensed
parties conduct said employment agency. In case of removal to another location
during the period covered by such license the secretary of labor shall be at once
notified and the license corrected accordingly. No such license shall be trans­
ferable.
S e c . 48-503. Bond.—The secretary of labor shall require with each application
for a license a surety bond in the penal sum of $2,000 to be approved by said
secretary of labor and conditioned that the obligor will not violate any of the
duties, terms, conditions, provisions, or requirements of this act. The secretary
of labor is authorized to cause an action or actions to be brought on said bond in
the name of the State for any violation of any of its conditions and he may revoke
upon a full hearing any license whenever in his judgment the party licensed shall
have violated any of the provisions of this act; and in the prosecution of any
inquiry, the secretary of labor is hereby empowered to administer oaths, subpoena
witnesses, take depositions, compel the attendance of witnesses, and the produc­
tion of books, accounts, papers, records, documents, and testimony.
Sec. 48-504. Canceling license.— In case of refusal of any person to comply
with the order of the secretary of labor or subpoena issued by him or the refusal of
any witness to testify to any matter regarding which he may be lawfully interro­
gated, or refusal to permit any inspection as aforesaid, the secretary of labor may
cancel the license held by such person, firm, or corporation refusing to comply
with the order of the secretary of labor: Provided, That the orders of the secretary
of labor be in accord with the provisions of this act. When such license shall be
canceled it shall not be reissued to said person, firm, or corporation for a period of
six months from the date of said cancellation.
161109°—33------ 7




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T E X T OF THE LAWS

S e c . 48-505. Name.—-No private employment agency shall print, publish,
or paint on any sign, window, or insert in any newspaper or publication a name
similar to that of the Nebraska Free Employment Bureau.
S e c . 48-506. Register.— It shall be the duty of every licensed agency to keep
a register in which shall be entered the name and sex of every person for whom
employment is secured, and the amount of fee charged. Such licensed agency
shall also enter into a register the name and address of every person for whom
help or servants are secured. Such register shall at all reasonable hours be
open to the inspection and examination of the secretary of labor or his agent,
and a copy of such facts shall be filed with the secretary of labor not later than
the 10th day of each succeeding calendar month.
Sec. 48-507. Receipts.— Every licensed agency shall issue a receipt to each
person securing employment or help showing the occupation, name, and address
of the applicant, and the amount of fee charged for procuring the position and
such receipt shall also show the wages to be paid to said person securing employ­
ment, together with the name and address of the employer and the name of
the agency issuing such receipt. Also the nature of the employment offered and
if a strike or lockout is known to exist the fact shall be stated. Said receipt
shall be made upon forms prescribed by the secretary of labor and the third
copy to be retained by the agency issuing same. The carbon copy of each
and every receipt issued shall be mailed to the secretary of labor as prescribed
in section 48-506.
S e c . 48-508. Fee.— A registration fee not to exceed $2 may be charged by
such licensed agency when such agency shall be at actual expense in advertis­
ing such individual applicant, or in looking up the reference of such applicant.
In all such cases a complete record of such references shall be kept on file which
record shall, during all business hours, be open for the inspection of the secretary
of labor, the chief deputy secretary of labor, or any other inspector appointed by
the secretary of labor to make such inspection, and upon demand shall be subject
to the inspection and examination by the applicant. For such registration fee
a receipt shall be given to said applicant for help or employment, giving the name
of such applicant, date of payment, and character of position or help applied for.
Such registration fee shall be returned to said applicants on demand, after 30 days
and within 60 days from date of receipt, less the amount that has been actually
expended by said licensed agency for said applicant, and an itemized account of
such expenditures shall be presented to said applicant on request at the time of
returning the unused portion of such registration fee, provided no position has
been furnished by said licensed agency to and accepted by said applicant. No
licensed person or persons shall, as a condition to registering or obtaining employ­
ment for such applicant, require such applicant to subscribe to any publication
or exact other fees, compensation, or reward, other than the registration fee,
aforesaid, and a further fee, the amount of which shall be agreed upon between
such applicant and such licensed person, to be payable at such time as may be
agreed upon in writing, “ the amount of which, together with said registration
fee of $2 added thereto shall in no case exceed 10 per cent of all moneys paid to or
to be paid or earned by said applicant, for the first month's service growing out of
said employment furnished by said employer: Provided, however, That if through
no fault of said applicant or employee, he fails to remain in service with said
employer and other positions or places of employment are furnished to said appli­
cant by said licensed agency, then said licensed agency shall not accept, collect,
or charge more than one fee every three months,” but the further fee aforesaid
shall not be received by such licensed person before the applicant has been
tendered a position by said licensed person.
In the event that the position, so tendered is not accepted by or given such
applicant, said licensed person shall refund all fees requested by said applicant,
other than the registration fees aforesaid within three days after demand is made
therefor. No such licensed person shall send out any applicant for employment
without having obtained a bona fide order therefor, and if it shall appear that no
employment of the kind applied for existed at the place where said applicant
was directed, said licensed person shall refund to such applicant within five
days after demand, any sum paid by such applicant for transportation in going
to and returning from said place and all fees paid by said applicant. In addi­
tion to the receipt provided to be given for registration fee it shall be the duty
of such licensed person to give, to every applicant for employment from whom
other fee or fees shall be received, an additional receipt, in which shall be stated
the name of such applicant, the date and amount of such other fees; and to
every applicant for help from whom other fee or fees shall be received, an




PRIVATE EMPLOYMENT AGENCIES

95

additional receipt, stating the name and address of said applicant, the date
and amount of such other fee or fees, and the kind of help to be provided. All
receipts shall have printed on the back thereof, in the English language, the
name and address of the State secretary of labor and the chief deputy secre­
tary of labor. Every such licensed person shall give to every applicant for
employment, a card or printed paper containing the name of the applicant, the
name and address of such employment agency, and the written name and address
of the person to whom the applicant is sent for employment. If an employee
furnished fails to remain one week in a situation, through no fault of the employer,
then all fees paid or pledged, in excess of the registration fee aforesaid, shall be
refunded to the employer upon demand. If the employment furnished the appli­
cant does not continue more than one week, through no fault of the employee,
then all fees paid or pledged, in excess of the registration fee aforesaid, shall be
refunded to the employee upon demand.
Sec. 48-509. Receipts; return of fee.— The fee for procuring employment or
help in all cases shall be clearly set out in the receipts provided for in section 48507. The receipt shall plainly show the amount of the fee, all commissions and
expenses or compensations whatsoever to such licensed agency for procuring em­
ployment or help. In case the party paying such fee fails to obtain employment
specified and such failure shall not be the fault of such applicant for employment,
such licensed agency shall repay the same to such person upon demand being
made therefor: Provided, That in °,ases where the person seeking employment is
sent beyond the limits of the city in which such employment agency operates,
such licensed agency shall repay in addition to the above the actual expenses in­
curred by reason of failure to receive employment, in all cases when it shall appear
that the employment agency made false representations.
Sec . 48-510. Splitting fees.— Any licensed agency, or agent thereof, who shall
be guilty of dividing fees with any superintendent, manager, foreman, or other
employees of any person, company, corporation, or association, for whom em­
ployees are furnished shall be guilty of a misdemeanor and shall be fined not less
than $50 or be imprisoned in the county jail for a period not exceeding three
months at the discretion of the court. His license shall at once be revoked upon
his conviction for a second offense by the authorities granting the same.
S e c . 48-511. False statements; immoral resorts.— No agency shall knowingly,
send or cause to be sent any female help or servant to.any place of bad repute,
house of ill fame, or assignation house, or to any house or place of amusement
kept for immoral purposes. No such licensed agency shall publish or cause to be
published any false information, make any false promise concerning or relating
to work or employment to any one who shall register for employment and no
licensed agency shall make any false entries in the register to be kept as herein
provided.
Sec. 48-512. Enforcement.— It shall be the duty of the secretary of labor to
enforce this act. When informed of any violation thereof it shall be his duty to
investigate same, as hereinbefore provided, and he may institute criminal pro­
ceedings for enforcement of its penalties before any court of competent jurisdic­
tion. Any person convicted of a violation of the provisions of this act not other­
wise provided for, shall be guilty of a misdemeanor and shall be fined not less
than $50 nor more than $100 or be imprisoned in the county jail for a period not
to exceed three months and for a conviction of a second offense his license shall be
revoked: Provided, That any person or persons who shall knowingly send any
female help or servant to any place of bad repute, house of ill fame or assignation
house, or to any house or place of amusement kept for immoral purposes, shall be
punished by imprisonment for not less than 30 days nor more than 3 months and
no license to operate an employment agency shall be issued to such party.
Sec. 48-513. Revenues, disposition of.— All moneys paid to the secretary of

labor or license fee under this act, shall be paid over by him to the State treasurer.
Sec. 48-514. Definitions.— The term “ employment” or “ work,” whenever
used in this act, shall be construed to mean manual or mechanical labor, clerical,
domestic, or professional service.
S e c . 48-515. Private employment agency.—Any person, firm, or corporation who
for hire or with a view to profit shall undertake to secure employment or help or
through the medium of cards, circulars, pamphlets of any nature whatsoever,
or through the display of a sign or bulletin offer to secure employment or help or
give information as to where employment or help shall be secured, shall be deemed
a “ private employment agency” and shall be subject to the provisions of this act.




96

T E X T OP THE LAWS

NEVADA

HILLYER’S COMPILED LAWS, 1929
Regulation of employment agencies
Section 2835. Definitions.— When used in this section the following terms are

defined as herein specified:
The term “ person” means and includes any individual, firm, company, corpora­
tion, association, manager, contractor, subcontractor, or their agents or employees.
The term “ employment agency” means and includes the business of conduct­
ing as owner, agent, manager, contractor, subcontractor, or in any other capacity,
an intelligence office, domestic and commercial employment agency, general em­
ployment bureau, shipping agency, stage line, hotel, or any other agency for the
purpose of procuring or attempting to procure help or employment for persons
seeking employment, or for the registration of persons seeking such employment
or help, or for giving information as to where and of whom such help or employ­
ment may be secured, where a fee or other valuable consideration is exacted, or
attempted to be collected for such services, or in connection with transportation
furnished by stage line as part of the employment agreement, whether such
business is conducted in a building or on a street or elsewhere. The term “ labor
commissioner” shall mean the labor commissioner of the State of Nevada.
Sec. 2836. License.— No person shall open, keep, operate or maintain an em­
ployment agency in this State without first obtaining a license therefor as pro­
vided in this act from the labor commissioner. Such license, together with a copy
of this act, shall be posted in a conspicuous place in each and every employment
agency. Any person who shall open, keep, operate, or maintain such employ­
ment agency without first procuring said license shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by imprisonment in the county
jail not to exceed six months, or by a fine not exceeding $300, or by both such
fine and imprisonment.
Sec. 2837. Application.— An application for such license shall be made to the
labor commissioner. Such application shall be in written form and shall state the
name and address of the applicant, the street and number of the building or place
where the business is to be conducted, and the business or occupation engaged in
by the applicant for at least two years immediately preceding the date of the ap­
plication. Such application shall be accompanied by the affidavits of at least two
reputable residents of the city to the effect that the applicant is a person of good
moral character.
Sec. 2838 (as amended 1931, ch. 45). Contents.— Every license shall contain the
name of the person licensed, a designation of the city, street, number of the house
in which the person licensed is authorized to carry on said employment agency,
and the number and date of such license. Such license shall not be valid to protect
any other than the person to whom it is issued or place other than designated in
the license. When, in the opinion of the labor commissioner, a community is being
adequately served by a free employment service, he shall have the authority to
deny the establishment therein of any other employment agency.
Sec . 2839. Fee.— Every person licensed under the provisions of this act to carry

on the business of an employment agency shall pay to the labor commissioner a fee
of $50 before such license is issued and thereafter an annual fee of $50 on or before
the first day of each calendar year. He shall also deposit before such license is
issued, with the clerk of the city in every city where there is a clerk, or clerk of the
county, a bond in the penal sum of $1,000 with two or more sureties or a duly
authorized surety company, to be approved by the labor commissioner. The bond
executed shall be payable to the people of the State of Nevada and shall be condi­
tioned that the person applying for the license will comply with this act and shall
pay all damages occasioned to any person by reason of any misstatement, misrep­
resentation, fraud, or deceit, or any unlawful act or omission of any licensed per­
son, made, committed, or omitted in the business conducted under such license,
or caused by any other violation of this act in carrying on the business for which
such license is granted.
If at any time the sureties or any of them shall become irresponsible, the person
holding such license shall, upon notice of the labor commissioner,-give a new bond,
subject to the provisions of this section. The failure to give a new bond within
10 days after such notice shall operate as a revocation of such license and the
license shall thereupon be returned to the labor commissioner, who shall destroy
the same.




P R IV A TE EMPLOYMENT AGENCIES

9T

Slid. 2840. Claims.— All claims or suits brought in any court against the licensed
person may be brought in the name of the person damaged upon the bond depos­
ited with the city or county, as the case may be, by such licensed person, and may
be assigned as other claims for damages in civil suits. The amount of damages
claimed by plaintiff, and not the penalty named in the bond, shall determine the
jurisdiction of the court in which the action is brought. Where such licensed
person has departed from the State with intent to defraud his creditors or with
mtent to avoid a summons in an action brought under this section, service shall
be made upon the surety as prescribed in the Code of Civil Procedure. A copy of
such summons shall be mailed to the last known post-office address of the residence
of the licensed person, and the place he conducted such employment agency, as
shown by the records of the labor commissioner’s office. Such service thereof
shall be deemed to be made when not less than the number of days shall have in­
tervened between the dates of service and the return of the same as provided by
the civil procedure for the particular court in which suit has been brought.
Sec. 2841. Register.— It shall be the duty of every licensed person to keep a
register in which shall be entered the date of application f or employment; the name
and address of the applicant to whom employment is promised or offered, or to
whom information or assistance is given in respect to such employment; the
amount of the fee received, and whenever possible, the name and addresses of for­
mer employers or persons to whom such applicant is known. Such licensed per­
son shall also enter in the same or in a separate register the name and address of
every applicant for help, the date of such application, kind of help requested, the
conditions of employment, the hours of labor required and the rate of wages to
be paid. No such licensed persons shall make any false entry in such registers.

S e c . 2842. Inspection.— All registers, books, records and other papers kept by
the licensed person pursuant to this act shall be open at all reasonable hours to the
inspection of the labor commissioner, and every licensed person shall furnish to
the labor commissioner on request a true copy of such register, books, records and
papers, or any portion thereof, and shall make such reports as the labor commis­
sioner may prescribe.
S e c . 2843. Receipts.— It shall be the duty of every licensed person to give to
every applicant for employment from whom a fee shall be received a receipt in
which shall be stated the name and address of such employment agency, the name
and address of the party to whom the applicant is sent for employment, the name
of the applicant, the date, the amount of the fee, the kind of work or service to be
performed, the general conditions of employment, including, among other things,
the hours of service, the rate of wages or compensation, whether or not board or
lodging is to be furnished, the cost of transportation and whether or not it is to
be paid by the employer, the time of such service if definite, and if indefinite to
be so stated, and the name of the person authorizing the hiring of such applicant.
There shall be printed on the face of the receipt in prominent type the following:
“ This agency is licensed by the labor commissioner of Nevada.” All receipts
shall be made and numbered in original and duplicate. The original shall be
given to the applicant paying the fee and the duplicate shall be kept on file at the
employment agency.
Sec. 2844. Orders.«
—No such licensed person shall accept a fee from any appli­
cant for employment, or send out any applicant for employment without having
obtained, either orally or in writing, a bona fide order therefor. In case the appli­
cant paying a fee fails to obtain employment, such licensed agency shall repay
the amount of said fee to such applicant upon demand being made therefor:
Provided, That in cases where the applicant paying such fee is sent beyond the
limits of the city in which the employment agency is located, such licensed agency
shall repay in addition to the said fee any actual expenses incurred in going to and
returning from any place where such applicant has been sent: Provided, however,
Where the applicant is employed and the employment lasts less than seven days
by reason of the discharge of the applicant, the employment agency shall return
to said applicant the fee paid by such applicant to the employment agency.
S e c . 2845. False statements.— No licensed person conducting an employment
agency shall publish or cause to be published any false or fraudulent or misleading
information, representation, notice, or advertisement; all advertisements of such
employment agency by means of cards, circulars, signs, or in newspapers and
other publications, and all letterheads, receipts, and blanks shall be printed and
contain the licensed name and address of such employment agency, and no
licensed person shall give any false information, or make any false promise or false
representation concerning an engagement or employment to any applicant who
shall register or apply for employment or help.




98

TE X T OF THE LAWS

Sec. 2846. Children; strikes; dividing fees.— No licensed person shall accept any
application for employment made by or in behalf of any child, or shall place or
assist in placing any child in any employment whatever in violation of the childlabor law. No licensed person shall send an applicant to any place where a strike,
lockout, or other labor trouble exists without notifying the applicant of such con­
ditions, and shall in addition thereto enter a statement of such facts upon the
receipt given to such applicant. No licensed person shall divide fees with an
employer, or an agent of the employer, or with any superintendent, manager,
foreman, or other employee of any person, firm, or corporation to which help is
furnished.
S e c . 2847. Records.— The labor commissioner shall furnish to each licensed
employment agency blank books upon which their records shall be kept as pro­
vided in this act, together with forms of receipts and necessary blanks upon which
reports shall be made to the labor commissioner.
Sec. 2848. Accounts.— The labor commissioner shall, at the end of each montii,
make an itemized account of all moneys received by him from license fees under the
provisions of this act, and pay the same to the State treasurer, to be held in a
separate fund known as the employment agency fund and to be used for expenses
incurred in printing blanks, books, and receipts to be furnished to such employ­
ment agencies by said labor commissioner.
Sec. 2849. Enforcement.— It shall be the duty of the labor commissioner to
enforce this act, and when informed of any violations thereof it shall be his duty to
report the fact to the district attorney of the county in which such violation
occurred and said district attorney shall prosecute the same in accordance with
the law.
S e c . 2850. Violations.— Any person who violates any of the provisions of this
act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by imprisonment in the county jail not to exceed six months or by a fine
not exceeding $300, or by both such fine and imprisonment.

Employment offices— False representation
10466. False statements forbidden.— Every employment agent or
broker, who, with intent to influence the action of any person thereby, shall
misstate or misrepresent verbally, or in any writing or advertisement, any material
matter relating to the demand for labor, the conditions under which any labor or
service is to be performed, the duration thereof, or the wages to be paid therefor,
shall be guilty of a misdemeanor.
S e c t io n

NEW HAMPSHIRE
PUBLIC LAWS, 1926
C h apter

179.— Private employment offices

1. License.— Whoever, without a license therefor, establishes or keeps
an intelligence office for the purpose of obtaining or giving information concerning
places of employment for servants or other laborers, or for the purpose of procuring
or giving information concerning such person for or to employers, or for the pur­
pose of procuring or giving information concerning employment in business, shall
be fined $10 for each day such office is so kept.
Sec . 2. License by local authorities.— The mayor and aldermen of a city or the
selectmen of a town may, for the purposes mentioned in the preceding section,
grant licenses to suitable persons, subject to the provisions hereof, and may revoke
the same at pleasure.
S e c t io n

S e c . 3. Same.— Licenses granted to keepers of intelligence offices shall be signed
by the clerk of the city or town in which they are granted, and every such license
shall be recorded by him in a book kept for that purpose, before being delivered to
the licensee. Such license shall set forth the name of the person licensed, the
nature of the business and the building or place in which it is to be carried on, and
shall continue in force until May first next ensuing, unless sooner revoked.
Sec. 4. Fee.— The board issuing such a license shall receive for the use of the

city or town for each license such sum, not less than $2, as the board shall deem
reasonable.
Sec. 5. Removal.— No license issued as aforesaid shall be valid to protect the
holder thereof in a building or place other than that designated in the license, un­
less consent to removal is granted by the mayor and aldermen or selectmen.




PRIVATE EMPLOYMENT AGENCIES

99

Sec. 6. Revocation.— When such license is revoked, such clerk shall note the
revocation upon the face of the record of the license, and shall give written notice
to the holder thereof by delivering the same to him in person or leaving it at the
place of business designated in the license.
NEW JERSEY

1911-1924 SUPPLEMENT TO COMPILED STATUTES
jEmployment agencies
Section 67-9.2 Definitions.— (a) The term “ person” when used in this act
shall mean and include any individual, company, association or corporation, or
their agents.
(b) The term “ fee” when used in this act shall mean and include any payment
of money, or the promise to pay money, or the excess of money received by any
person furnishing employment or employees over what he has paid for transpor­
tation, transfer or baggage or lodging for any applicant for employment; it shall
also mean and include the difference between the amount of money received by
any person who furnishes employees and performers for any entertainment,
exhibition, or performance, and the amount paid by him to said employees or
performers.
(c) The term “ privilege” as used in this act shall mean and include the furnish­
ing of food, supplies, tools, or shelter to contract laborers, commonly known as
commissary privileges. The furnishings of food, supplies, tools, or shelter to
laborers, if performed within New Jersey or if paid for within New Jersey, both
in connection with the promise or offer to provide help or employment regardless
of where such offer is made or where such help is obtained, shall be considered
proof of violation of this act.
(d) The term “ employment agency” when used in this act shall mean and
include the business of procuring or offering to procure help or employment, or
the giving of information as to where help or employment may be procured,
whether such business is conducted in a building or on the street or elsewhere;
or the business of keeping an intelligence office, employment bureau, or shipping
agency, nurses' registry, or agency for procuring engagements for vaudeville or
theatrical performers, or other agency or office for procuring work or employment
for persons, where a fee or privilege is exacted, charged or received directly or
indirectly for procuring or assisting or promising to procure employment, work,
engagement or a situation of any kind, or for procuring or providing help or
promising to provide help for any person, whether such fee is collected from the
applicant for employment or the applicant for help.
Sec. 67-10.2 Exemptions.— The provisions of this act shall not apply to employ­
ment agencies which procure employment for persons as teachers or in technical
or executive positions exclusively in recognized institutions, or to registries
conducted by duly incorporated associations of registered nurses, or employment
bureaus of registered medical institutions or incorporated hospitals, nor shall it
apply to departments maintained by persons, firms, corporations, or associations
for the purpose of securing help for themselves where no fee is charged the appli­
cant for employment or to departments maintained by either Federal, State,
municipal, or charitable agencies where no fee is charged.
Sec. 67-11.2 License.— (a) No person shall open, keep, or cairy on any
employment agency as defined above unless such person shall procure a license
therefor from the commissioner of labor. Such license shall be posted in a
conspicuous place in said agency. Any person who shall open or conduct an
employment agency without first procuring said license, or who shall conduct
such an agency after revocation of such license, shall be guilty of a misdemeanor
and shall be punishable by a fine of not less than $50 and not more than $250 or
by imprisonment of not more than one year or both at the discretion of the court.
(b) An application for such license shall be made in writing to the commis­
sioner of labor, and shall state the name and number of the building and place
where the employment agency is to be conducted. The application for such
license shall be filed not less than one week prior to the granting of said license,
and the commissioner of labor shall act upon such application within 30 days
from the time of such application.
(c) Every such applicant shall be required to furnish satisfactory proof of
good moral character in the form of affidavits by at least two reputable citizens
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TEX T OF THE LAWS

of the State, and to furnish proof of citizenship of the United States, and any
person may protest against the issuance or the transfer of any license. The
commissioner of labor, or his representative, shall investigate, or cause to be
investigated, the character and responsibility of the applicant, and shall examine,
or cause to be examined, the premises designated in such application as the place
in which it is proposed to conduct such agency.
(d) Such license shall contain the name of the person licensed, a designation
of the city, street, and number of the house in which the person licensed is author­
ized to carry on the said employment agency, and the number and date of such
license. Such license shall not be valid to protect any other than the person to
whom it is issued and shall not authorize the carrying on of any such agency at
any place other than that designated in the license, and it shall not be transferred
or assigned to any other person unless consent is obtained from the commissioner
of labor and no such agency shall be conducted in rooms used for living purposes,
or where boarders or lodgers are kept, or where meals are served, or where persons
sleep, or in connection with a building, or on the premises where intoxicating
liquors are sold. If said licensed person shall conduct a lodging house for the
unemployed, separate and apart from such agency, it shall be so designated in the
license. Unless sooner revoked by the commissioner of labor, such license shall
run to the first day of January next ensuing the date thereof and no longer.
(e) Every person licensed under the provisions of this act to carry on the busi­
ness of an employment agency shall pay the commissioner of labor a license fee
according to the population of the municipality as shown by the last preceding
Federal census, viz: In cities of 150,000 and upward, $100; in cities of 100,000
and upward, $75; in cities of 50,000 and upward, $50; and in cities of less than
50,000, $25.
Before such license is issued he shall also deposit with the commissioner of labor
a bond in the penal sum of $1,000 with two or more sureties or a duly authorized
surety company, as surety, to be approved by the commissioner of labor.
( /) The bond executed as provided in the preceding subdivisions of this section
shall be payable to the State of New Jersey and shall be conditioned that the per­
son applying for the license will comply with this act and shall pay all damages
occasioned to any person by reason of any misstatement, misrepresentation, fraud
or deceit, or any unlawful act or omission of any licensed person, his agents, or
employees, while acting within the scope of their employment, made, committed
or omitted in the business conducted under such license, or caused by any violation
of this act in carrying on the business for which such license is granted. In case
of a breach of the condition of any such bond, application may be made to the
commissioner of labor by the person injured by such breach for leave to sue upon
such bond, which leave shall be granted by the commissioner of labor if it be
proven to his satisfaction that the condition of such bond has been breached and
the party applying has been injured thereby. The person obtaining such leave
to sue may take the bond from the files of the said commissioner and institute suit
thereon in his own name for the recovery of damage sustained by such breach.
(g)
If any time, in the opinion of the commissioner of labor, the sureties on any
such bond, or any of them, shall become irresponsible, the person holding such
license shall, upon notice from the commissioner of labor, give a new bond, subject
to the provisions of this section. The failure to give a new bond within 10 days
after such notice, in the discretion of the commissioner of labor, shall operate as
revocation of. such license, and the license shall be thereupon returned to the
commissioner of labor, who shall destroy the same.
S e c . 57-12. Registers.— (a) It shall be the duty of every such licensed person to
keep a register, approved by the commissioner of labor, in which shall be entered,
in the English language, the date of the application for employment, the name and
address of the applicant to whom employment is promised or offered, the amount
of the fee received, and, whenever possible, the name and address of former em­
ployers or persons to whom such applicant is known. Such licensed person shall
also enter in a separate register, to be approved as aforesaid, in the English lan­
guage, the name and address of every applicant accepted for help, the date of such
application, kind of help requested, the names of the persons sent, with the desig­
nation of the one employed, the date of employment, the amount of the fee re­
ceived and the rate of wages agreed upon. The aforesaid register of applicants
for employment and for help shall be open during office hours to inspection by the
officers of the department of labor. No such licensed person, his agent or em­
ployees, shall make any false entry in such registers.
(6)
It shall be the duty of every licensed person, whenever possible to commu­
nicate orally or in writing with at least one of the persons mentioned as reference
by every applicant for work in private families or employed in a fiduciary capacity,



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101

and the result of such investigation shall be kept on file in such agency: Provided,
however, That if the applicant for help voluntarily waives, in writing, such inves­
tigation of references by the licensed person, failure on the part of the licensed
person to make such investigation shall not be deemed a violation of this act.
S e c . 67-13.2 Fees.— (a) Every employment agent shall file with the commis­
sioner of labor, a schedule of fees proposed to be charged for any services rendered
to employers seeking employees, and persons seeking employment, and all charges
must conform thereto. Such schedule of fees, on blanks provided by the commis­
sioner of labor, shall be posted in a conspicuous manner in the office of the agency.
No such licensed person shall receive or accept any valuable thing or gift as a fee
or in lieu thereof. No such licensed person shall divide, directly or indirectly, fees
with any person securing help, or his agents, or other employees, or any one in
their employ to whom applicants for employment are sent, nor shall any licensed
person offer to so divide any fees.
(6)
In case the applicant shall not accept or obtain help or employment through
such agency, then such licensed person shall, on demand, repay the full amount
of said fee, allowing three days' time to determine the fact of the applicant's failure
to obtain help or employment. If an employee furnished an applicant for help
fails to remain one week in the situation, or if such employee is discharged for
cause, a new employee shall be furnished if said applicant for help so elects, or
three-fifths of the fee returned within four days of demand: Provided, however,
That said applicant for help notifies said licensed person within 30 days of the
failure of the applicant for employment to accept the position,, or of the applicant's
discharge for cause.
If the employee is discharged within one week without said employ ee's fault,
another position shall be furnished, or three-fifths of the fee returned tothe appli­
cant for employment if he so elects. Failure of said applicant for help to notify
said licensed person that such help has been obtained through means other than
said agency shall entitle said licensed person to retain or collect three-fifths of the
said fee.
No such licensed person shall send out any applicant for employment without
having obtained, either orally or in writing, a bona fide order therefor, and if it
shall appear that no employment of the kind applied for existed at the place to
which said applicant was directed, the said licensed person shall refund to such
applicant, within three days of demand, any sums paid by said applicant for trans­
portation in going to and returning from said place, and all fees paid by said
applicant.
S e c . 67-14. Receipts.— It shall be the duty of such licensed person to give to
every applicant for employment from whom a fee shall be received a receipt, in
which shall be stated the name of said applicant, the date and the amount of the
fee, and the purpose for which it was paid, and to every applicant for help a re­
ceipt stating the name and address of said applicant, the date and amount of the
fee, and the kind of help to be provided. Every such receipt shall have printed
on the back thereof a copy of sections 5 and 6 of this act in the English language,
or in any language which the person to whom the receipt is issued can understand.
Every such licensed person shall also give to each applicant for employment a
card or printed paper containing the name of the applicant, name and address of
such employment agency, and the written name and address of the person to
whom applicant is sent for employment.
S e c . 67-15. Soliciting.— No person shall induce or attempt to induce any
domestic employee to leave his employment with a view of obtaining other em­
ployment through such agency. Whenever such licensed person, or any other
acting for him, agrees to send one or more persons to work as contract laborers in
any one place outside the city in which such agency is located, said licensed
person shall file with the commissioner of labor, within five days after the con­
tract is made, a statement containing the following items: Name and address
of the employee; nature of the work to be performed, hours of labor, wages offered,
destination of the persons employed and terms of transportation. A duplicate
copy of this statement shall be given to the applicant for employment in a
language which he is able to understand.
S e c . 67-16.2 Acts forbidden.— (a) No such licensed person shall send or cause
to be sent any female to become a servant or inmate or to enter any place of
bad repute, house of ill fame, or assignation house, or to any house or place of
amusement kept for immoral purposes, or to a place resorted to for the purpose
of prostitution, or to a gambling house. No such person shall knowingly permit
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T EX T OP THE LAWS

any person of bad character, prostitutes, gamblers, intoxicated persons, or pro­
curers to frequent such agency.
(6)
No such licensed person shall accept any application for employment made
by or on behalf of any child under the age of 16 years, or shall place, or assist in
placing any such child in any employment whatever.
(c) No licensed person, his agents, servants or employees, shall induce or compel
any person to enter such agency, for the purpose, by the use of force or by taking
forcible possession of said person’s property.
(d) No such person shall procure or offer to procure help or employment in
rooms or on premises where intoxicating liquors are sold to be consumed on the
premises, except as heretofore provided in subdivision (d), (section 3 [67-11]),
whether or not dues or a fee or privilege is exacted, charged or received directly or
indirectly.
(e) No such licensed person shall publish or cause to be published any false or
fraudulent or misleading notice or advertisement; all advertisements of such
employment agency by means of cards, circulars or signs, or in newspapers and
other publications, and all letterheads, receipts, and blanks shall contain the name
and address of such employment agency, and no such licensed person shall give
any false information, or make any false promise or false representation, concern­
ing employment to any applicant who shall register for employment or help.
For the violation of any of the foregoing provisions of this section t.he person so
violating shall be guilty of a misdemeanor and shall be punishable by a fine of not
less than $50 and not more than $250, or by imprisonment for a period of not
more than one year or both, at the discretion of the court.
S e c . 67-17. Posting.— Every such licensed person shall post in a conspicuous
place in each room of such agency sections 5, 6, 7, and 8 of this act [secs. 67-13,
67-14, 67-15, and 67-16], which shall be printed in large type in language which
persons commonly doing business with such office can understand. Such printed
law shall also contain the name and address of the commissioner of labor.
S e c . 67-18.2 Enforcement.— The enforcement of this act shall be intrusted to
the commissioner of labor, who shall cause to be made at least bimonthly visits to
every such agency by such inspectors he shall designate for that purpose. Said
inspectors shall have a suitable badge, which they shall exhibit on demand of any
person with whom they may have official business, and said inspectors shall see
that all the provisions of this act are complied with. The said commissioner of
labor may refuse to issue and may revoke any license for any good cause shown
within the meaning and purpose of this act, and when it is shown to his satisfaction
that any licensed person is guilty of any immoral or illegal conduct in connection
. with the conduct of said business, it shall be his duty to revoke the license of such
person; but notice of the charge shall be presented and reasonable opportunity
shall be given said licensed person to defend himself. Whenever for any cause
such license is revoked, a license shall not be issued to said licensed person or his
representative, or to any person with whom he is to be associated in the business of
furnishing employment; nor shall a license be granted to anyone for conducting
an employment agency at said place of business within the space of 12 months
following date of revocation of said license.
Licenses may also be withheld if it appears to the satisfaction of the commis­
sioner of labor, after due investigation and hearings, if necessary, that the needs
of employers and employees in any given municipality are adequately served by
public free employment offices and, or, by licensed private employment agencies.
S e c . 67-19.2 Procedure.— Any person who shall violate any provision of this
act, except as provided in sections 3 and 8 [secs. 67-11 and 67-16], shall be liable to
a penalty of not to exceed $25, which penalty shall be sued for and recovered by
and in the name of the commissioner of labor. Every district court in any city or
judicial district in any county, and every court of common pleas in any county,
and every justice of the peace with due jurisdiction, is hereby empowered upon
the filing of complaint in writing by the commissioner of labor, to issue process
at the suit of the said commissioner of labor, such process shall be either in the
nature of a summons or warrant which warrant may issue without any order of
the court or judge first being obtained against the person or persons so charged,
which process when in the nature of a warrant, shall be returnable forthwith, and
when in the nature of a summons shall be returnable in not less than 5 nor more
than 15 entire days, such process shall state what provision of the law is alleged
to have been violated by the defendant or defendants, and on the return of such
process, or at any time to which the trial shall be adjourned, the said court shall
proceed in a summary manner to hear testimony and to determine and give judg­
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PRIVATE EMPLOYMENT AGENCIES

103

ment in the matter without the filing of any pleadings for the plaintiff for the re­
covery of such penalty, with costs, or for the defendant, and the said court shall,
if judgment be rendered for the plaintiff, cause any such defendant, who may re­
fuse or neglect to forthwith pay the amount of the judgment rendered against
him and all the costs and charges incident thereto, to be committed to the county
jail for any period not exceeding 100 days; that the officers to serve and execute
all process under this act shall be the officers authorized to serve and execute
process in said courts.
All convictions in prosecutions under this act shall be in the following or similar
form:
Sta te of N e w Je r se y

County o f --------- , ss:
Be it remembered that on this--------------- day o f ---------------- a t---------------- in
said county, CD, defendant was by (the district court of the city o f --------------- or
the court of common pleas of the county o f ----------------or as the case may be)
convicted of violating the--------------- section of an act entitled “ An act to regu­
late the keeping of employment agencies,” approved March 4, 1918, and amend­
ments thereto, in a summary proceeding at the suit of the commissioner of labor,
upon a complaint made b y --------------- and further, that the witnesses in said
proceeding, who testified for the plaintiff were (name them) and the witnesses w o
testified for the defendant were (name them) wherefore, the said court doth hereby give judgment that the plaintiff recover of the defendant----------------dollars,
penalty and--------------- dollars, cost of this proceeding.
The conviction shall be signed by the judge of the district court or court of
common pleas or justice of the peace before whom the conviction is had. In case
the defendant is committed to jail in default of payment of the penalty, a commit­
ment in the following form shall be added beneath the judge's signature, to the
conviction.
“ And the said CD neglecting and refusing to pay the amount of the penalty
above mentioned with costs, it is hereby ordered that the said CD be and he here­
by is committed to the common jail of the county o f --------------- for the period
o f --------------- days, unless the said penalty and costs are sooner paid.”
This commitment shall also be signed by the judge and in case of commitment
of any defendant to jail the conviction and commitment shall be signed in dupli­
cate, and one of the duplicate copies shall serve the purposes of a warrant of
commitment.
Any judgment recovered for a penalty under the provisions of this act in any
district court may be docketed in the same manner as judgments in said court
are docketed under the provisions of an act entitled “ An act concerning district
courts,” approved June 14, 1898, and the acts amendatory thereof. Execution
may issue for the collection of any judgment obtained under this act against the
goods and chattels and body of the defendant without any order f|rst obtained for
such purpose. All money collected under the provisions of this act shall be paid
into the treasury of the State of New Jersey.
The commissioner of labor shall have the power to appoint such inspectors,
department clerks, or other assistants, for carrying on the work required by this
act as may in his judgment be necessary, and shall fix the salaries to be paid.
Such inspectors, department clerks or other assistants may be used for such other,
work of the department of labor as the commissioner of labor shall deem fit, and
shall be entitled to necessary traveling expenses.
Sec. 67-20. Appointment.—All inspectors, department clerks, or other assis­
tants appointed under this act shall be appointed by the commissioner of labor,
and all inspectors, department clerks, or other assistants shall be appointed, hold
their offices, and perform their duties subject to the provisions of an act entitled
“ An act regulating the employment, tenure and discharge of certain officers and
employees of this State, and of the various counties and municipalities thereof,
and providing for a civil service commission and defining its powers and duties,”
approved April 10, 1908, and amendments thereof and supplements thereto.
All salaries and expenses necessary to carry out the provisions of this act shall be
paid in semimonthly installments from the funds of the State, out of the moneys
appropriated for that purpose by the treasurer, upon warrant of the comptroller,
upon presentation of proper vouchers for the same, approved by the commissioner
of labor.




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TEX T OF THE LAWS

NEW YORK

CAHILL’S CONSOLIDATED LAWS, 1930
C h apter

21, A r t i c l e 11.— Employment agencies

S e c t io n 170. Scope.— This article shall apply to all cities of the State, except
that the provisions hereof relating to domestic and commercial employment agen­
cies shall not apply to cities of the third class. This article does not apply to
employment agencies which procure employment for persons as teachers exclu­
sively, or employment for persons in technical or executive positions in recognized
educational institutions; and employment bureaus conducted by registered medi­
cal institutions, duly incorporated hospitals or registries conducted by duly incor­
porated individual alumnae associations of registered nurses. Nor does such
article apply to departments or bureaus maintained by persons for the purpose of
securing help or employees, where no fee is charged.
S e c . 171. Definitions.— 1. When used in this article the following terms are
defined as herein specified. The term “ person” means and includes any indi­
vidual, company, society, association, corporation, manager, contractor, subcon­
tractor or their agents or employees.
2. The term “ employment agency” means and includes the business of con­
ducting, as owner, agent, manager, contractor, subcontractor or in any other
capacity an intelligence office, domestic and commercial employment agency, the­
atrical employment agency, general employment bureau, shipping agency, nurses'
registry, or any other agency or office for the purpose of procuring or attempting
to procure help or employment or engagements for persons seeking employment or
engagements, or for the registration of persons seeking such help, employment or
engagement, or for giving information as to where and of whom such help, em­
ployment or engagement may be procured, where a fee or other valuable consider­
ation is exacted, or attempted to be collected for such services, whether such
business is conducted in a building or on the street or elsewhere.
3. The term “ nurses’ registry” means and includes the business of conducting
any agency, bureau, office or other place for the purpose of procuring, offering,
promising, or attempting to provide employment or engagements for nurses of
any kind, or any place used as a lodging house for nurses, the keeper of which
receives telephone calls or messages of any kind relative to the employment of
such nurses and transmits such messages or calls to a nurse lodging in his or her
house.
4. The term “ theatrical employment agency” means and includes the business
of conducting an agency, bureau, office, or any other place for the purpose of
procuring or offering, promising, or attempting to provide engagements for circus,
vaudeville, theatrical and other entertainments or exhibitions or performances, or
of giving information as to where such engagements may be procured or provided,
whether such business is conducted in a building, on the street, or elsewhere, but
such term does not include the business of managing such entertainments, exhibi­
tions or performances, or the artists or attractions constituting the same, where
such business only incidentally involves the seeking of employment therefor.
5. The term “ theatrical engagement” means and includes any engagement or
employment of a person as an actor, performer or entertainer in a circus, vaude­
ville, theatrical and other entertainment, exhibition or performance.
6. The term “ emergency engagement” means and includes an engagement
which has to be performed within 24 hours from the time when the contract for
such engagement is made.
7. The term “ fee” means and includes any money or other valuable considera­
tion paid or promised to be paid for services rendered or to be rendered by any
person conducting an employment agency of any kind under the provisions of this
article. Such term includes any excess of money received by any such person
over what has been paid out by him for the transportation, transfer of baggage,
or board and lodging for any applicant for employment; such term also includes
the difference between the amount of money received by any such person who
furnishes employees, performers or entertainers for circus, vaudeville, theatrical
and other entertainments, exhibitions or performances, and the amount paid by
him to the said employees, performers or entertainers whom he hires or provides
for such entertainments, exhibitions or performances.
8. The term “ privilege” means and includes the furnishing of food, supplies,
tools, or shelter to contract laborers, commonly known as commissary privileges.
Sec. 172. License.— A person shall not open, keep, maintain or carry on any

employment agency, as defined in the preceding section, unless he shall have first



PRIVATE EMPLOYMENT AGENCIES

105

procured a license therefor as provided in this article from the mayor or the
commissioner of licenses of the city in which such person intends to conduct such
agency. Such license shall be posted in a conspicuous place in said agency.
Any person who shall open or conduct such an employment agency without first
procuring said license shall be guilty of a misdemeanor and shall be punishable by
a fine of not less than $25, and not more than $250 or by imprisonment for a
period of not more than one year, or both, at the discretion of the court.
S e c . 173. Application.— An application for such license shall be made to the
mayor or commissioner of licenses, in case such office shall have been established
as herein provided. Such application shall be written and in the form prescribed
by the mayor or commissioner of licenses, and shall state the name and address of
the applicant; the street and number of the building or place where the business is
to be conducted; whether the applicant proposes to conduct a lodging house for
the unemployed separate from the agency which he proposes to conduct; the
business or occupation engaged in by the applicant for at least two years immedi­
ately preceding the date of the application. Such application shall be accom­
panied by the affidavits of at least two reputable residents of the city to the
effect that the applicant is a person of good moral character.
Sec. 174. Investigation.— Upon the receipt of an application for a license the
mayor or commissioner of licenses shall cause the name and address of the appli­
cant, and the street and number of the place where the agency is to be conducted,
to be posted in a conspicuous place in his public office. The said mayor or com­
missioner of licenses shall investigate or cause to be investigated the character and
responsibility of the applicant and shall examine or cause to be examined the prem­
ises designated in such application as the place in which it is proposed to conduct
such agency. Any person may file, within one week after such application is so
osted in the said office, a written protest against the issuance of such license,
uch protest shall be in writing and signed by the person filing the same or his
authorized agent or attorney, and shall state reasons why the said license should
not be granted. Upon the filing of such protest the mayor or commissioner of
licenses shall appoint a time and place for the hearing of such application, and
shall give at least five days’ notice of such time and place to the applicant and
person filing such protest. The said mayor or commissioner of licenses may ad­
minister oaths, subpoena witnesses and take testimony in respect to the matters
contained in such application and protest or complaints of any character for vio­
lations of this article, and may receive evidence in the form of affidavits pertaining
to such matters. If it shall appear upon such hearing or from the inspection or
examination made by the said mayor or commissioner of licenses that the said
protest is sustained or that the applicant is not a person of good character, or that
the place where such agency is to be conducted is not a suitable place therefor, or
that the applicant has not complied with the provisions of this article, the said
application shall be denied and a license shall not be granted. Each application
should be granted or refused within 30 days from the date of its filing. The
license shall run to the first Tuesday of May next following the date thereof and
no later, unless sooner revoked by the mayor or the commissioner of licenses. No
license shall be granted to a person to conduct the business of an employment
agency in rooms used for living purposes or where boarders or lodgers are kept or
where meals are served or where persons sleep or in connection with a building or
premises where intoxicating liquors are sold to be consumed on the premises,
excepting caf&s and restaurants in office buildings.
Sec. 175. Contents.— Every license shall contain the name of the person licensed,

g

a designation of the city, street, and number of the house in which the person
licensed is authorized to carry on the said employment agency, and the number
and date of such license. Such license shall not be valid to protect any other than
the person to whom it is issued or any place other than that designated in the
license and shall not be transferred or assigned to any other person unless consent
is obtained from the mayor or commissioner of licenses, as hereinafter provided.
If such licensed person shall conduct a lodging house for the unemployed separate
and apart from such agency, it shall be so designated in the license.
S e c . 176. Transfers.— A license granted as provided in this article shall not be

assigned or transferred without the consent of the mayor or commissioner of li­
censes. Applications for such consent shall be made in the same manner as an
application for a license, and all the provisions of sections 173 and 174 relating to
the granting of applications for licenses, including the procedure upon such appli­
cation and the posting of the names and addresses of applicants shall apply to
applications for such consent. No license fee shall be required upon such assign­
ment or transfer. The location of an employment agency shall not be changed




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TEX T OP THE LAWS

without the consent of the mayor or commissioner of licenses, and such change of
location shall be indorsed upon the license.
S e c . 177. Fee; bond.— 1. Every person licensed under the provisions of this act
to carry on the business of any employment agency shall pay to the mayor or the
commissioner of licenses a license fee of $25 before such license is issued. He shall
also deposit before such license is issued, with the commissioner of licenses, in
every city where there is a commissioner of licenses, or clerk of the city, a bond
in the penal sum of $1,000 with two or more sureties or a duly authorized surety
company, to be approved by the mayor or the commissioner of licenses.
2. The bond executed as provided in the preceding subdivision of this section
shall be payable to the people of the city in which any such license is issued and
shall be conditioned that the person applying for the license will comply with this
article, and shall pay all damages occasioned to any person by reason of any mis­
statement, misrepresentation, fraud or deceit, or any unlawful act or omission of
any licensed person, his agents or employees, while acting within the scope of their
employment, made, committed, or omitted in the business conducted under such
license, or caused by any other violation of this article in carrying on the business
for which such license is granted.
3. If at any time, in the opinion of the mayor, or the commissioner of licenses,
the sureties or any of them shall become irresponsible the person holding such
license shall, upon notice from the mayor or the commissioner of licenses, give a
new bond, subject to the provisions of this section. The failure to give a new
bond within 10 days after such notice, in the discretion of the mayor or commis­
sioner of licenses, shall operate as a revocation of such license and the license shall
be thereupon returned to the mayor or the commissioner of licenses who shall
destroy the same.
S e c . 178. Action on bond.— All claims or suits brought in any court against any
licensed person may be brought in the name of the person damaged upon the bond
deposited with city by such licensed person as provided in section 177 and may be
transferred and assigned as other claims for damages in civil suits. The amount
of damages claimed by plaintiff, and not the penalty named in the bond, shall
determine the jurisdiction of the court in which the action is brought. Where
such licensed person has departed from the State with intent to defraud his credi­
tors or to avoid the service of a summons in an action brought under this section,
service shall be made upon the surety as prescribed in the Code of Civil Proce­
dure. A copy of such summons shall be mailed to the last known post office
address of the residence of the licensed person and the place where he conducted
such employment agency, as shown by the records of the mayor or commis­
sioner of licenses. Such service thereof shall be deemed to be made when not less
than the number of days shall have intervened between the dates of service and
return of the same as provided by the civil procedure for the particular court in
which the suit has been brought.
S e c . 179. Register.—It shall be the duty of every licensed person to keep a
register, approved by the mayor or the commissioner of licenses, in which shall be
entered, in the English language, the date of the application for employment; the
name and address of the applicant to whom employment is promised or offered,
or to whom information or assistance is given in respect to such employment^ the
amount of the fee received; and whenever possible, the names and addresses of
former employers or persons to whom such applicant is known. Such licensed
person shall also enter in the same or in a separate register, approved by the mayor
or commissioner of licenses, in the English language, the name and address of every
applicant accepted for help, the date of such application, kind of help requested,
the names of the persons sent, with the designation of the one employed, the
amount of the fee received, and the rate of wages agreed upon. No such licensed
person, his agent or employees, shall make any false entry in such registers. It
shall be the duty of every licensed person, whenever possible, to communicate
orally or in writing with at least one of the persons mentioned as references for
every applicant for work in private families, or employed in a fiduciary capacity,
and the result of such investigation shall be kept on file in such agency: Provided,
That if the applicant for help voluntarily waives in writing such investigation of
references by the licensed person, failure on the part of the licensed person to make
such investigation shall not be deemed a violation of this section.
S e c . 180. Theatrical agencies.— Every licensed person conducting a theatrical
employment agency, before making a theatrical engagement, except an emergency
engagement, for any person with any applicant for services in any such engage­
ment shall prepare and file in such agency a written statement signed and verified
by such licensed person setting forth how long the applicant has been engaged in
the theatrical business. Such statement shall set forth whether or not such ap-




PRIVATE EMPLOYMENT AGENCIES

107

pHcant has failed to pay salaries or left stranded any companies, in which such
applicant and, if a corporation any of its officers or directors, have been financially
interested during the five years preceding the date of application and, further,
shall set forth the names of at least two persons as references. If such applicant
is a corporation, such statement shall set forth the names of the officers and direc­
tors thereof and the length of time such corporation or any of its officers have
been engaged in the theatrical business and the amount of its paid-up capital
stock. If any allegation in such written, verified statement is made upon in­
formation and belief, the person verifying the statement shall set forth the sources
of his information and the grounds of his belief. Such statement so on file shall
be kept for the benefit of any person whose services are sought by any such appli­
cant as employer.
Sec. 181. Statements to be furnished.— Every such licensed person shall give to
each applicant for domestic or commercial employment a card or printed paper
containing the name of the applicant, the name and address of such employment
agency, and the written name and address of the person to whom the applicant is
sent for employment; kind of services to be performed; rate of wages or compen­
sation; the time of such services, if definite, and if indefinite, to be so stated; and
the name and address of person authorizing the hiring of such applicant, and the
cost of transportation if the services are required outside of the city where such
agency is located.

S e c . 181-a. Nurses’ registry.— Every nurses’ registry that sends out any person
to render nursing service shall give to each applicant and also send to the employer
of such person within 24 hours of the time of employment a card stating the salary
and qualifications of such applicant, also the name and place of the hospital and
the length of time of service therein, or other experience in nursing if not in a hos­
pital, and whether such person is a graduate, trained, certified, registered, under­
graduate, or practical nurse, or trained attendant and if a graduate, trained, cer­
tified, or registered nurse or trained attendant, there shall also be stated on such
card the number of the annual registration certificate issued to such nurse or
trained attendant by the regents of the University of the State of New York for
the current year and a copy of such card left on file for reference in the agency.
In registering any graduate nurse or trained attendant such nurses' registry
shall place on its file a statement showing the number and date of the last annual
report of such nurse and trained attendant as shown by the annual registration
certificate issued by the regents of the University of the State of New York.
Such file records so kept by such nurses' registry shall be open to inspection of
any authorized agent of the University of the State of New York and such agency
shall submit the list in full upon request of such agent.
S e c . 182. Interference; outside employments.— A licensed person shall not induce
or attempt to induce any employee to leave his employment with a view to ob­
taining other employment through such agency. Whenever such licensed person
or any other acting for him, agrees to send one or more persons to work as con­
tract laborers in any one place outside the city in which such agency is located,
the said licensed person shall file with the mayor or commissioner of licenses, with­
in five days after the contract is made, a statement containing the following items:
Name and address of the employer; name and address of the employee; nature of
the work to be performed; hours of labor; wages offered; destination of the per­
sons employed, and terms of transportation. A duplicate copy of this statement
shall be given to the applicant for employment, in a language which he is able to
understand, before he leaves the city.
Sec. 183. Theatrical employment.— Every licensed person who shall procure

for or offer to an applicant a theatrical engagement shall have executed in dupli­
cate a contract or deliver to the parties as herein set forth a statement containing
the name and address of the applicant; the name and address of the employer of
the applicant and of the person acting for such employer in employing such appli­
cant; the time and duration of such engagement; the amount to be paid to such
applicant; the character of entertainment to be given or services to be rendered;
the number of performances per day or per week that are to be given by said ap­
plicant; if a vaudeville engagement, the name of the person by whom the trans­
portation is to be paid, and if by the applicant, either the cost of transportation
between the places where said entertainment or services are to be given or ren­
dered, or the average cost of transportation between the places where such services
are to be given or rendered; and if a dramatic engagement the cost of transporta­
tion to the place where the services begin if paid by the applicant; and the gross
commission or fees to be paid by said applicant and to whom. Such contracts or
statements shall contain no other conditions and provisions except such as are




108

T E X T OF THE LAWS

equitable between the parties thereto and do not constitute an unreasonable re­
striction of business. Forms of such contract and statement in blank shall be
first approved by the mayor or commissioner of licenses and his determination
shall be reviewable by certiorari. One of such duplicate contracts or of such
statements shall be delivered to the person engaging the applicant and the other
shall be retained by the applicant. The licensed person procuring such engage­
ment for such applicant shall keep on file or enter in a book provided for that
purpose a copy of such contract or statement.
S e c . 184. Inspection.— All registers, books, records, and other papers required
to be kept pursuant to this article in any employment agency shall be open at all
reasonable hours to the inspection of the mayor or commissioner of licenses, and
to any duly authorized agent or inspector of "such mayor or commissioner.
S e c . 185. Fees.— 1. The gross fees of licensed persons charged to applicants
for employment as lumbermen, agricultural hands, coachmen, grooms, hostlers,
seamstresses, cooks, waiters, waitresses, scrub women, laundresses, maids, nurses
(except professionals), and all domestics and servants, unskilled workers and
general laborers, shall not in any case exceed 10 per cent of the first month’s
wages, and for all other applicants for employment shall not exceed the amount
of the first week’s wages or salary unless the period of employment is for at least
one year, and at a yearly salary, and in that event the gross fee charged shall not
exceed 5 per cent of the first year’s salary, except when the employment or engage­
ment is of a temporary nature, not to exceed in any single contract one month,
then the fee shall not exceed 10 per cent of the salary paid.
2. The gross fees of licensed persons charged to applicants for theatrical engage­
ments by one or more such licensed persons, individually or collectively procuring
such engagements, except vaudeville or circus engagements, shall not in any case
exceed the gross amount of 5 per cent of the wages or salary of the engagement
when the engagement is less than 10 weeks; and an amount of 5 per cent of the
salary or wages per week for 10 weeks of a season’s engagement constituting 10
weeks or more. The gross fees charged by such licensed persons to applicants
for vaudeville or circus engagements by one or more such licensed persons indi­
vidually or collectively, procuring such engagement, shall not in any case exceed 5
per cent of the salary or wages paid. The gross fees for a theatrical engagement,
except an emergency engagement, shall be due and payable at the end of each
week of the engagement, and shall be based on the amount of compensation
actually received for such engagement, except, when such engagement is unfulfilled
through any act within the control of the applicant for such engagement.
3. A licensed person conducting any employment agency under this article
shall not receive or accept any valuable thing or gift as a fee or in lieu thereof.
No such licensed person shall divide or share, either directly or indirectly, the
fees herein allowed, with contractors, subcontractors, employers or their agents,
foremen or any one in their employ, or if the contractors", subcontractors, or
employers be a corporation, any of the officers, directors, or employees of the
same to whom applicants for employment or theatrical engagements are sent
except fees paid for theatrical engagements where the applicant has received his
salary in full less such fees and the division of such fees can be made without
injury or loss to him.
4. Any person violating the provisions of this section shall be deemed guilty of
a misdemeanor and upon conviction of any licensed person for any violation
thereof shall be subject to a fine of not less than $25 and not more than $250, or
imprisonment for not more than one year, or both, at the discretion of the court,
and the mayor or commissioner of licenses shall forthwith cancel and revoke the
license of such person.
S e c . 186. Return of fee.— 1. In case a person applying for help or employment
of a domestic or commercial employment agency shall not accept help or obtain
employment through such agency, then the licensed person conducting such
agency shall on demand repay the full amount of the said fee, allowing three days'
time to determine the fact of the applicant’s failure to obtain help or employment.
If an employee furnished fails to remain one week in the situation, a new employee
shall be furnished to the applicant for help if he so elects, or three-fifths of the fee
returned, within four days of demand: Provided, Said applicant for help notifies
said licensed person within 30 days of the failure of the applicant to accept the
position or of the applicant’s discharge for cause. If the employee is discharged
within one week without said employee’s fault another position shall be furnished,
or three-fifths of the fee returned to the applicant for employment if he so elects.
Failure of said applicant for help to notify said licensed person that such has been
obtained through means other than said agency shall entitle said licensed person
to retain or collect three-fifths of the said fee.




PRIVATE EMPLOYMENT AGENCIES

109

2. No such licensed person shall send out any applicant for employment with­
out having obtained, either orally or in writing, a bona fide order therefor, and if
it shall appear that no employment of the kind applied for existed at the place to
which said applicant was directed, the said licensed person shall refund to such
applicant within three days of demand any sums paid by said applicant for
transportation in going to and returning from said place, and all fees paid by said
applicant.
Sec. 187. Receipts.— It shall be the duty of every such licensed person con­
ducting an employment agency to give to every applicant for employment from
whom a fee shall be received a receipt in which shall be stated, the name of said
applicant, the date and amount of the fee, and the purpose for which it was paid,
and to every applicant for help a receipt stating the name and address of said
applicant, the date and amount of the fee, and the kind of help to be provided.
Every such receipt, excepting those given by theatrical employment agencies,
shall have printed on the back thereof a copy of sections 185, 186, 187, in the
English language and in any language which the person to whom the receipt is
issued can understand.
Sec . 188. Law to be posted.— Every licensed person shall post in a conspicuous
place in each room of such agency sections 178, 180, 181, 182, 183, 185, 186, 187,
and 189, of this article, which shall be printed in large type in languages in which
persons commonly doing business with such office can understand. Such printed
law shall also contain the name and address of the officer charged with the enforce­
ment of this article in such city.
Sec. 189. False statements, etc.— No licensed person conducting any employ­
ment agency shall publish or cause to be published any false or fraudulent or
misleading information, representation, notice, or advertisement; all advertise­
ments of such employment agency by means of cards, circulars, or signs and in
newspapers and other publications, and all letterheads, receipts and blanks shall
be printed and contain the licensed name and address of such employment agent
and the word agency, and no licensed person shall give any false information, or
make any false promise or false representation concerning an engagement or
employment to any applicant who shall register or apply for an engagement or
employment or help.

Sec. 190. Acts prohibited.— No licensed person conducting an employment
agency shall send or cause to be sent any female as a servant, employee, inmate,
entertainer or performer, or any male as an employee or entertainer to any place
of bad repute, house of ill fame, or assignation house, or to any house or place of
amusement kept for immoral purposes, or place resorted to for the purposes of
prostitution, or gambling house, the character of which such licensed person could
have ascertained upon reasonable inquiry. No licensed person shall send out any
female applicant for employment, without making a reasonable effort to investi­
gate the character of the employer. Nor shall any such licensed person send any
female as an entertainer or performer to any place where such female will be re­
quired or permitted to sell, offer for sale or solicit the sale of intoxicating liquors
to those present or assembled as an audience or otherwise in such place or in any
rooms or buildings adjacent thereto. No licensed person shall knowingly permit
any persons of bad character, prostitutes, gamblers, intoxicated persons, or pro­
curers to frequent such agency. No licensed person shall accept any application
for employment made by or on behalf of any child or shall place or assist in placing
any such child in any employment whatever in violation of article 20 of the educa­
tion law, relating to compulsory education, and in violation of the labor law. No
licensed person, his agents, servants, or employees shall induce or compel any
person to enter such agency for any purpose, by the use of force or by taking for­
cible possession of said person’s property. No person shall procure or offer to
procure help or employment in rooms or on premises where intoxicating liquors
are sold to be consumed on the premises whether or not dues or a fee or privilege
are exacted, charged, or received directly or indirectly, except in office buildings
in which are located caf6s and restaurants. For the violation of any of the fore­
going provisions of this section the penalties shall be a fine of not less than $25,
and not more than $250, or imprisonment for a period of not more than one year,
or both, at the discretion of the court.
Sec. 191. Enforcement.— 1. In cities of the second and third class and in cities
of the first class having a population of less than 300,000, this article so far as it
relates to such cities, shall be enforced by the mayor or an officer appointed by
him.
2. In cities of the first class having a population of 300,000 or more, the enforce­
ment of this article so far as it relates to such cities shall be intrusted to a commis­
sioner to be known as a commissioner of licenses, who shall be appointed by the
161109°—33------8



110

T E X T OF THE LAWS

mayor, and whose salary, together with those of a deputy commissioner, and in­
spectors to be appointed by him, shall be fixed by the board of estimate and
apportionment. Said commissioner of licenses and deputy commissioner shall
have no other occupation or business. The commissioner of licenses shall appoint
inspectors, whe shill make at least bimonthly visits to every such agency. Said
inspectors shall have suitable badges which they shall exhibit on demand of any
person with whom they may have official business. Such inspectors shall see that
all the provisions of this article, so far as it relates to such cities, are complied
with, and shall have no other occupation or business.
3.
Complaints against any such licensed person shall be made orally or in writ­
ing to the mayor or commissioner of licenses, or be sent in an affidavit form without
appearing in person, and reasonable notice thereof, not less than one day, shall
be given in writing to said licensed person by serving upon the licensed person
either personally or by leaving the same with the person in charge of his office, a
concise statement of the facts constituting the complaint, and a hearing pursuant
to the powers granted to the mayor or commissioner of licenses as provided in
section 174 shall be had before the mayor or commissioner of licenses within one
week from the date of the filing of the complaint and no adjournment shall be
taken for a period longer than one week. A daily calendar of all hearings shall
be kept by the mayor or commissioner of licenses and shall be posted in a con­
spicuous place in his public office for at least one day before the date of such
hearings. The mayor or commissioner of licenses shall render his decision
within eight days from the time the matter is finally submitted to him. Said
mayor or commissioner of licenses shall keep a record of all such complaints
and hearings. The said mayor or commissioner of licenses may refuse to issue
and shall revoke any license for any good cause shown, within the meaning and
purpose of this article and when it is shown to the satisfaction of the mayor or
commissioner of licenses that any licensed person is guilty of any immoral, fraud­
ulent, or illegal conduct in connection with the conduct of said" business, it shall
be the duty of the mayor or the commissioner of licenses to revoke the license of
such person; but notice of the charges shall be presented and reasonable opportu­
nity shall be given said licensed person to defend himself. Whenever said mayor
or commissioner of licenses shall refuse to issue or shall revoke the license of an
employment agency, said determination may be reviewed by certiorari. When­
ever for any cause such license is revoked, said mayor or commissioner of licenses
shall not within three years from the date of such revocation issue another license
to said licensed person or his representative or to any person with whom he is to
be associated in the business of furnishing employment, help, or engagements.
In the absence of the commissioner of licenses, the deputy commissioner of licenses
may conduct hearings and act upon applications for licenses, and revoke such
licenses.
Sec. 192. Violations.— The violation of any provision of this article except
as otherwise provided in this article shall be punishable by a fine not to
exceed $25, and any city magistrate, police justice, justice of the peace, or any
inferior magistrate having original jurisdiction in criminal cases, shall have power
to impose said fine, and in default of payment thereof to commit the person, so
offending for a period not exceeding 30 days. The said mayor or commissioner
of licenses or any person, his agent or attorney, aggrieved because of the violations
of this article shall institute criminal proceedings for its enforcement before any
court of competent jurisdiction.
NORTH CAROLINA

ACTS OF 1925
C hapter

101.— Revenue ad

79a. Employment agencies.— Every person, firm, or corporation con­
ducting the business of an employment agency shall pay an annual license tax
of $50.
C h a p t e r 127.— Private employment agencies
S e c t io n

S e c t i o n 1. License; fees.— No person, firm, or corporation shall operate or
conduct a private employment agency in North Carolina without first having
been licensed to conduct such business by the commissioner of labor and printing.
The commissioner of labor and printing is authorized and empowered to make
general rules and regulations in relation to the licensing of such employment




PRIVATE EMPLOYMENT AGENCIES

111

agency not inconsistent with this act. Said license shall on its face contain the
following conditions:
(1) That the employment agency shall not charge any initial fee for its services.
(2) That the fee for temporary employment shall not exceed 10 per cent of the
first month’s wages. Temporary employment is hereby defined to be employ­
ment that does not extend beyond 60 days. If the employment is permanent,
then said agency shall not charge more than 15 per cent of the first month’s
wages. Permanent employment is hereby defined to be all employment exceeding
60 days.
S e c . 2. Inspection.— The said commissioner of labor and printing is expressly
authorized and empowered, by himself or his employee or agent, duly authorized
by him to that effect, to inspect the books of said employment agency whenever
he deems it best to do so to effectuate the purpose of this act, and to rescind a
license theretofore granted by him if upon such inspection and supervision he finds
that such employment agency has not complied with the conditions upon which
it was licensed by him to do such business. Said commissioner of labor and print­
ing may rescind such license after such investigation by himself or his employee
or agent upon information so obtained without further notice to the employment
agency. If, however, he acts upon evidence outside of that obtained in this way,
he can rescind such license only after giving its holder 10 days’ notice of his purpose
to investigate and after a hearing at the time fixed, and at"the hearing a determi­
nation by him that such employment agency has broken the conditions under
which it is licensed. Such employment agency shall at the time of its receiving
said license from the commissioner of labor and printing pay into his office as the
cost of the same $1 for each license.
S e c . 3. Violations.— Any person, firm, or corporation conducting an employ­
ment agency in the State of North Carolina without having been duly licensed
thereto by the State commissioner of labor and printing shall be guilty of a mis­
demeanor and, if a person, punishable at the discretion of the court; if a corpora­
tion, shall be fined not less than $250 nor more than $1,000.
Sec . 4. Limitation.— This act is limited to employment agencies only which
hold themselves out for public service.
Sec . 5. Copies.— Immediately upon the ratification of this act the commis­
sioner of labor and printing shall have an adequate number of copies of the same
printed and shall send to each employment agency in the State one or more of
such copies.

S e c . 6. Application.— This act shall in no wise conflict with or affect any
license tax imposed upon such employment agencies by the revenue act of 1925,
but instead, shall be construed as supplemental thereto in the exercise of the
police power of the State and not as a revenue measure.

ACTS OF 1929

.

C h apter

178.— Private employment offices

S e c t io n 1 Definition.— Employment agency within the meaning of this act
shall include any business operated by any person, firm or corporation for profit
and engaged in procuring employment for any individual, for any person, firm,
or corporation in the State of North Carolina and making a charge on the em­
ployee or employer for the service.
S e c . 2. License.— That no person, firm, or corporation shall engage in the
business of operating any employment agency, as designated in section 1, in
North Carolina without first making a written application to the commissioner
of labor and printing and being licensed by him as herein provided, to engage
in such business. Upon receiving an application from such person, firm, or
corporation it shall be the duty of the commissioner of labor and printing to make
an investigation into the character and moral standing of the person, firm, or
corporation. If after such investigation, the commissioner of labor and printing
shall be satisfied that such person, firm, or corporation is of such character and
moral standing as to warrant the issuance of a license to engage in the business
covered by this act then he shall issue a license to such person, firm, or corporation
as provided herein.
Sec. 3. Regulation.— The commissioner of labor and printing is authorized

and empowered to make general rules and regulations in relation to the licensing
of such employment agencies and for the general supervision thereof in accord­
ance with this act.
Sec. 4. Inspection.— The commissioner of labor and printing is authorized
and empowered by himself, his assistant, or agents, duly authorized by him to




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TE X T OF THE LAWS

that effect, to investigate the books and records of any employment agency
licensed under this act, when he deems it best for the public interest to do so to
effectuate the purposes of this act and for cause to rescind the license theretofore
granted by him if upon such investigation he finds that such employment agency
is not complying with the terms and conditions of this act, under which it was
licensed by him, to engage in such business. Before rescinding the licenses issued
hereunder, after such investigation the commissioner of labor and printing, after
first giving 10 days’ notice to the holder of such license, to appear and show cause
why such license should not be revoked, shall hold a hearing at the county court
house of the county in which such licensee is doing business, when and where the
results of the investigation of the commissioner of labor and printing or his duly
authorized agents shall be presented under oath, before the commissioner of
labor and printing, and the said licensee may also and in accordance with said
notice, present evidence to show why such license should not be revoked; and
the licensee shall have the right of appeal within 10 days to the superior court.
Sec . 5. Hearings.— The commissioner of labor and printing, his assistant or
deputy shall be empowered to subpoena witnesses and administer oaths in making
investigations and taking testimony to be presented at the hearing to be held
before the commissioner of labor and printing as hereinbefore provided for.
Sec . 6 Witnesses.— The county sheriffs and their respective deputies shall

.

serve all subpoenas of the commissioner of labor and printing, and shall receive
the same fees as are now provided by law for like services, and each witness who
appears in obedience to such subpoena shall receive for attendance the fees and
mileage for witnesses in civil cases of courts of the county in which the hearing
is held.
Sec . 7. Records.— The superior court shall, on the application of the commis­
sioner of labor and printing, his assistant or duly authorized deputy, enforce by
proper proceedings the attendance and testimony of witnesses and the production
and examination of books, papers, and records.
Sec . 8. Special fund.— The license fee, charged under the provisions of this act,
shall be paid into a special fund of the department of labor and printing and the
proceeds of such license fees shall be used for the purpose of the supervision and
the regulation of the employment agencies, including costs of investigations or
hearings to revoke licenses and the necessary traveling expenses and other expend­
itures incurred in administering this act.
S e c . 9. Violations.— Any person, firm, or corporation conducting an employ­

ment agency in the State of North Carolina in violation of this act shall be guilty
of a misdemeanor, and if a person punishable by a fine of not less than $500, or
imprisonment of not less than six months, or both; and if a corporation, by a fine
of not less than $500 and not more than $1,000.
Sec. 10. Public agencies excepted.— This act shall not in any manner affect
or apply to any employment agency operated by the State of North Carolina,
the Government of the United States, or any city, county or town, or any agency
thereof.
Sec. 11. Application of act.— This act shall in no wise conflict with or affect
any license tax placed upon such employment agencies by the general revenue
act of North Carolina but instead shall be construed as supplementary thereto
in exercising the police powers of the State.
OHIO

PAGE’S GENERAL CODE, 1932
C h apter
S e c t io n

10.— Industrial commission— Private employment offices

886. License.— No person, firm, association of persons, or corporation

shall engage in the business of an employment agency, for hire, within the State
of Ohio, without first obtaining a license so to do from the Industrial Commission
of Ohio, and paying to said industrial commission an annual license fee of $100
and executing and filing with the said industrial commission a bond as provided
in section 6 [891] of this act [Gen. Code, secs. 886 to 896-16].
Sec. 887. Definitions.— A person, firm, association of persons, or corporation
who secures, or, by any form of representation or by means of signs, bulletins, cir­
culars, cards, writings, or advertisements, offers or agrees to secure or furnish
employment, engagements of help, or information or service of any character
concerning or intended or purporting to promote, lead to, or consummate employ­
ment, shall be deemed an employment agency, and subject to this act [Gen. Code,
secs. 886 to 896-16] governing such agencies.




PRIVATE EMPLOYMENT AGENCIES

113

S e c . 888. Same.— The term “ hire” as used in this act [Gen. Code, secs. 886 to
896-16] shall be deemed to mean and include any charge, fee, compensation,
service, or benefit exacted, demanded, or accepted, or any gratuity received, for
or in connection with any act, service, or transaction comprehended by the term
“ employment agency” or for or in connection with any transaction or represen­
tation which includes matters comprehended by the term “ employment agency.”
S e c . 889. Same.— The term “ employment” as used in this act [Gen. Code,
secs. 886 to 896-16] shall be deemed to mean and include every character of serv­
ice rendered or to be rendered and every engagement undertaken, for wages,
salary, commission, or other form of remuneration whatsoever.
S e c . 890. Exemptions.— Bona fide educational, religious, charitable, fraternal,
and benevolent organizations in which no fee, commission, or other charge is
made for services rendered other than the ordinary membership dues; bona
fide labor organizations undertaking to secure, or securing work for their own
members; and bona fide employers’ organizations undertaking to secure, or secur­
ing help for their own members shall not be subject to the provisions of this act
[Gen. Code, secs. 886 to 896-16].
S e c . 891. Issue of license.— Licenses shall be granted only upon written appli­
cation which shall be upon blanks prescribed and furnished by the Industrial
Commission of Ohio. The application shall be accompanied by the annual
license fee of $100 payable to the industrial commission and by a sufficient bond
payable to the State of Ohio, in the penal sum of $1,000 to the satisfaction of the
industrial commission, conditioned for the observance of the provisions of this
act [Gen. Code, secs. 886 to 896-16] and of the lawful orders of the industrial
commission issued thereunder, and an action may be brought thereon by the
industrial commission for violation of the provisions of this act or lawful orders
issued thereunder. And such bond shall be liable for all injuries accruing to any
person or persons on account of the violation of the provisions of this act, or
lawful orders of the industrial commission by such licensee or his representatives,
and an action may be brought thereon by the party injured in his own name for
such recovery.
S e c . 892. Terms; contents.—Upon approval of the application for license and
bond by the industrial commission, a license which shall be effective for one
year from the date thereof, unless revoked as provided herein, shall be issued
by the industrial commission. The license shall contain the name or names of
the applicant, location of office, name of person who is to have general management
of the business, name under which business is to be carried on, the number of
the license, and the date of issuance and date of expiration of the license.
S e c . 893. Refusal.— The Industrial Commission of Ohio may refuse to issue
a license to an applicant, if, in its judgment such applicant or its officials or mem­
bers are not of good moral character or have violated the laws or orders of the
Industrial Commission of Ohio relating to employment agencies, or have violated
laws of Ohio or ordinances of any city or village thereof, which in the judgment of
the industrial commission, renders such persons improper persons for such license.
If the industrial commission refuses to grant a license the license fee and bond
shall be returned to the applicant by the said industrial commission.
S e c . 894. Revocation.—If the Industrial Commission of Ohio, as herein pro­
vided, shall find a licensee, or representative, partner, or employee of such licensee
has been convicted in any court of the State of Ohio of violating any of the pro­
visions of this act or orders of the industrial commission, or if such licensee, or
representative, partner, or employee of such licensee has been guilty of violating
any of the provisions of this act [Gen. Code, secs. 886 to 896-16] or orders of
the commission or is found by the industrial commission to be not of good moral
character, said industrial commission may revoke said license which shall there­
upon become null and void and said industrial commission shall immediately
notify such licensee of such revocation whereupon such licensee may within 10
days after the issuance of such notice petition the Industrial Commission of Ohio
for a hearing in the same manner as is provided for employers or other persons
specified in section 27 of the industrial commission act, approved March 18, 1913.
S e c . 895. Expiration.— Each license shall become void upon the date of its
expiration as set forth in the license and it shall be returned immediately to the
Industrial Commission of Ohio.
S e c . 896. Change of location.— No licensee shall change the location of his
business to any place other than that specified in the license without first obtain­
ing the written consent of the industrial commission and no license shall be
effective for any place of business other than that designed [designated] therein.
Sec. 896-1. License to be posted.— Each licensee shall post his license in a
conspicuous place in his waiting room and a copy of the law and the orders




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T EX T OP THE LAWS

relating to its enforcement adopted by the Industrial Commission of Ohio in each
room used for business purposes.
S e c . 896-2. Record.— Every licensee shall keep a true and correct record
in the English language of the business transactions of his office upon such forms
only as are prescribed or approved by the Industrial Commission of Ohio. Such
records shall be open at all reasonable hours to the inspection of the Industrial
Commission of Ohio, or any of its authorized representatives. On or before
the fifth day of each month, every employment agency shall mail to the Indus­
trial Commission of Ohio upon a form prescribed and furnished by said industrial
commission, a report covering the work of the preceding calendar month.
Sec. 896-3. Acts 'prohibited.— The following restrictions are placed on the
operations of licensed employment agencies:

(a) No applicant for employment shall be sent to a house of ill repute, or
other place resorted to for prostitution or gambling.
(b) No prostitute, gambler, intoxicated person, procurer, or other bad char­
acter shall be allowed to remain in the office or place of business.
(c) No applicant for employment shall be sent or directed to any fictitious job or
position and no employment agency shall knowingly or negligently make any false
representation concerning any matter within the scope of the business of the em­
ployment agency and the nonexistence of any such job or position or the falsity of
any such representation, shall constitute prima facie evidence of the violation of
this section.
(d) No employment agency shall knowingly or negligently send an applicant to
any place where a strike or lockout exists or is impending without notifying the
applicant of such condition in writing and the existence of a strike or lockout, shall
constitute prima facie evidence of the violation of this section.
(e) No person conducting an employment agency shall connive with any em­
ployer or his agents or employees to secure the discharge of an employee; nor shall
an employer or any one in his employ or representing it, give or receive any
gratuity, divide, or offer to divide, or share directly or indirectly, any fee, charge
or compensation received from any applicant for employment.
(f) No person conducting an employment agency shall circulate any false infor­
mation by advertisements, signs, letters, posters, cards, or in any other way; or
make any false statements or misrepresentations to any person seeking employ­
ment, or to any employer seeking an employee.
(g) No person conducting an employment agency shall make any false entry or
statement in any record or in any receipt or other document used in his business.
(h) No person conducting an employment agency shall use any name or desig­
nation in his business unless such name has been approved by the Industrial Com­
mission of Ohio.
(i) No employment agency shall be conducted in connection with any place in
which intoxicating liquors are sold in or in any room adjacent thereto.
S e c . 896-4. Fees.— Employment agencies may charge such registration fees as
shall be fixed by the Industrial Commission of Ohio. The schedule of maximum
fees, charges, and commissions for actually securing employment or help shall be
fixed by the Industrial Commission of Ohio and such fees shall be graded according
to nature of business, length of employment, and wages. These schedules of
registration fees and of other fees, charges, and commissions shall be posted in a
conspicuous place in every room in which business is conducted by the employment
agency.
S e c . 896-5. Regulations.— The Industrial Commission of Ohio shall enact
regulations providing conditions under which the licensee shall refund registration
fees, and other fees, charges, and commissions, and under which the licensee shall
pay expenses incurred when applicants are sent outside the city in which the
employment agency is located to alleged jobs or positions which did not exist or
to jobs or positions where conditions were misrepresented.
Sec. 896-6. Receipts.— A receipt, in such form as the Industrial Commission of
Ohio shall prescribe or approve shall be given to every person paying a fee or other
commission to an employment agency.
S e c . 896-7. Violations.— Whoever violates section 1 of this act [Gen. Code,
secs. 886 to 896-16] shall be guilty of a misdemeanor and shall be fined for the
first offense not less than $100 nor more than $500 and cost of prosecution; and
for the second or any subsequent offense, he shall be fined not less than $200 nor
more than $1,000 and costs of prosecution.
Sec. 896-8. Other violations.— Whoever violates any provision of this act [Gen.
Code, secs. 886 to 896-16] relating to employment agencies or orders of the Indus­
trial Commission of Ohio, issued thereunder, except as otherwise provided in




PRIVATE EMPLOYMENT AGENCIES

115

section 18 shall be fined for the first offense not less than $25 nor more than $500,
and costs of prosecution; and for the second or any subsequent offense, he shall be
fined not less than $100 nor more than $500 and costs of prosecution.
Sec. 896-9. Disposition of fines.— All fines collected under the provisions of this
act [Gen. Code, secs. 886 to 896-16] shall be paid, one-half to the county in which

the prosecution is had and one-half to the Industrial Commission of Ohio, and all
money received by the industrial commission from license fees, bonds recovered, or
fines as provided by this act, shall be paid by the industrial commission into the
State treasury.
Sec . 896-10. Enforcement.— The Industrial Commission of Ohio shall have full
power, exclusive supervisory jurisdiction and authority to administer the provi­
sions of this act [Gen. Code, secs. 886 to 896-16] as provided in section 22, sub­
section 9, of the industrial commission act, approved March 18, 1913 [103 Ohio
Laws, 95]; and to issue all necessary orders for carrying into effect this act, as
provided in sections 25 and 41 of the industrial commission act.
Sec. 896-11. Trials for offenses.— At all trials for offenses against the provisions
of this act [Gen. Code, secs. 886 to 896-16] and orders of the industrial commission
issued thereunder, a certificate of the custodian of the records of the Industrial
Commission of Ohio attested by the secretary of said industrial commission, to the
effect that the records do not disclose that the defendant in such proceeding was
the holder of a license at the time of the commission of the offense charged, shall
constitute prima facie evidence in said case that the defendant was not authorized
to engage in the business of an employment agency.
Sec. 896-12. Competent evidence.— In the prosecution for conducting an em­
ployment agency for hire without being licensed, it shall be competent to allege
and prove any number of transactions or particulars coming within the scope of
the term “ employment agency” but a single transaction shall be deemed engaging
in the business of an employment agency.
Sec. 896-13. Who liable for violations — The owner or manager or other person

in control of an employment agency shall be liable for all violation of laws or lawful
orders of the Industrial Commission of Ohio committed by any agent, representa­
tive, or employee of said agency within the scope of the business of the agency, as
well as all parties personally participating in such violations.
Sec. 896-14. Courts of jurisdiction.— Justices of the peace, police judges, judges
of municipal courts, and mayors of cities and villages shall have final jurisdiction
coextensive with the county in all cases for violation of provisions of this act or of
orders of the industrial commission issued thereunder and the procedure provided
by law for such courts shall extend to all such cases.
Sec. 896-15. Advancement of costs.— A person authorized by law to prosecute a
case under the provisions of this act [Gen. Code, secs. 886 to 896-16] shall not be

required to advance or secure costs therein. If the defendant be acquitted or
discharged from custody, or if he be convicted and committed in default of pay­
ment of fine and cost, such cost shall be certified under oath by the justice of the
peace, police judge, judge of municipal court, or mayor to the county auditor
who shall correct all errors therein and issue his warrant on the county treasurer
payable to the person or persons entitled thereto.
Sec. 896-16. [This section merely provides that any part or section of the act
held void shall not affect any other part or section of the law.]
Sec. 897. Unlawful acceptance of fee.— Whoever requests or accepts a fee, gift,
or gratuity or promise to pay a fee, to make a gift, or to do an act beneficial to
himself, under an agreement or with an understanding that he, as principal, agent,
employee, or servant, shall hire, or undertake to secure or assist in securing work
for another with his principal, employer or master; or with an understanding that
he shall advance or undertake to secure or assist in securing an advance in pay or
position of another in the employ of his principal, employer, or master; or with an
understanding that he shall prevent or undertake to prevent or assist in preventing
the discharge, or reduction in pay or position of another in the employ of his prin­
cipal, employer, or master, shall be guilty of a misdemeanor.
Sec. 897-1. Violations.— Whoever violates any provision of this act [Gen. Code,
secs. 897 to 897-4] shall be fined for the first offense not less than $25 nor more than

$100 and the costs of prosecution; and for the second or any subsequent offense
not less than $100 nor more than $500 and the costs of prosecution.
Sec. 897-2. Jurisdiction of courts.—Justices of the peace, police judges, judges
of municipal courts, and mayors of cities and villages shall have jurisdiction coex­
tensive with the county in all cases for violation of provisions of this act [Gen.
Code, secs. 897 to 897-4] and the procedure provided by law for such courts shall
extend to all such cases. The defendant shall have the right to trial by jury in
all prosecutions under the provisions of this act.




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T E X T OF THE LAWS

Sec. 897-3. Security of costs.— A person authorized by law to prosecute a case
under the provisions of this act [Gen. Code, secs. 897 to 897-4] shall not be required
to advance or secure costs therein. If the defendant be acquitted or discharged
from custody, or if he be convicted and committed in default of payment of fine
and costs, such costs shall be certified under oath by the justice of the peace, police
judge, judge of municipal court, or mayor to the county auditor who shall correct
all errors therein and issue his warrant on the county treasurer payable to the per­
son or persons entitled thereto.
Sec. 897-4. Enforcement.— The Industrial Commission of Ohio shall have full
power, jurisdiction and authority to administer the provisions of this act [Gen.
Code, secs. 897 to 897-4].
OKLAHOMA
STATUTES, 1931
C hapter 52.—Labor
A rticle 1.— State and P rivate E mployment A gencies
Section 10813. License; bond.— No person, firm or corporation in this State

shall open, operate, or maintain a private employment agency for hire, or
where a fee is charged to either applicants for employment or for help, with­
out first obtaining a license for the same from the commissioner of labor, and
such license fee shall be $5. Such license shall be of force for one year, but may
be renewed from year to year upon the payment of a fee of $5 for each renewal.
Every license shall contain a designation of the city, street and number of the
building in which the licensed party conducts said employment agency. The
license, together with a copy of this article, shall be posted in a conspicuous place
in each and every employment agency. No agency shall print, publish or paint
on any sign, window or insert in any newspaper or publication, a name similar
to that of the “ Oklahoma Free Employment bureau.” The commissioner of
labor shall require with each application for a license a good and sufficient bond
in the penal sum of $250, to be approved by said commissioner, and conditioned
that the obligor will not violate any of the duties, terms, conditions, provisions,
or requirements of this article. The said commissioner of labor is authorized
to cause an action to be brought on said bond in the name of the State for any
violation of any of its conditions and they may revoke, upon a full hearing, any
license whenever, in their judgment, the party licensed shall have violated any
of the provisions of this article.
Sec. 10814. Records; fees.— It shall be the duty of every licensed agency to
keep a register in a substantial book in the form prescribed by the commissioner
of labor, in which shall be entered the age, sex, nativity, trade or occupation,
name and address of every applicant. Such licensed agency shall also enter into
a register the name and address of every person who shall make application for
help or servants, and the name and nature of the employment for which such
help shall be wanted. Such register shall at all reasonable hours, be open to the
inspection and examination of the commissioner of labor or his agent. Where a
registration fee is charged for filing or receiving applications for employment or
help, said fee shall in no ca«e exceed the sum of $2, for which a receipt shall be
given, in which shall be stated the name of the applicant, the amount of the fee,
the date, the name or character of the work or situation to be procured. In
case the said applicant shall not obtain a situation or employment through such
licensed agency within one month after registration as aforesaid, then said licensed
agency shall forthwith repay and return to such applicant, upon demand being
made therefor, the full amount of the fee paid or delivered by said applicant to
said licensed agency, provided that such demand be made within 30 days after
the expiration of the period aforesaid.
Sec. 10815. Enforcement.—It shall be the duty of the commissioner of labor,
to enforce this article, and when informed of any violation thereof, it shall be his
duty to institute criminal proceedings for enforcement of its penalties before any
court of competent jurisdiction. He may make such rules and regulations for
the enforcement of this article, not inconsistent therewith, as he deems proper.
Any person convicted of a violation of any of the provisions of sections 3722,3723
ana 3724 [10813-10815] shall be guilty of a misdemeanor and shall be fined not
less than $50, nor more than $100 for each offense, or be imprisoned in the county
jail for a period not to exceed 6 months or both, at the discretion of the court: Pro­
vided, That any person or persons who shall send any female help or servant to
any place of bad repute, house of ill fame, or assignation house, or to any house




PRIVATE EMPLOYMENT AGENCIES

117

or place of amusement kept for immoral purposes, shall be guilty of a felony
and shall be punished by a fine of not less than $1,000 nor more than $5,000, and
be confined in the penitentiary not less than 2 years nor more than 10.
Sec. 10816. Definition.— A private employment agency for hire is defined
and interpreted to mean any person, firm or corporation engaging in the occupa­
tion of furnishing employment or help or giving information as to where employ­
ment or help may be secured, or displaying any employment sign or bulletin,
or through the medium of any card, circular or pamphlet offering to secure
employment or help: Provided, that charitable organizations not charging a fee
shall not be included in said term.
Sec. 10817. License.— No person, firm or corporation shall open, operate

or maintain a private employment agency for hire, or where a fee is charged,
to either applicant for employment or for help, without first obtaining a license
from the commissioner of labor, and such license fee shall be $50 per annum, pay­
able in advance, on the first day of May of each year, and shall expire on the last
day of April of each year. Every license shall contain a designation of the city,
street and number of the building in which the licensed parties conduct saia
employment agency. In case of removal to another location during the period
covered by such license the commissioner of labor shall be at once notified and
the license corrected accordingly. No such license shall be transferable.
Sec. 10818. Bond.— The commissioner of labor shall require with each appli­
cation for a license a surety bond in the penal sum of $500, to be approved
by said commissioner, and conditioned that the obligor will not violate any of the
duties, terms, conditions, provisions or requirements of this act. The commis­
sioner of labor is authorized to cause an action, or actions, to be brought on said
bond in the name of the State for any violation of any of its conditions, and he
may revoke, upon a full hearing, any license whenever in his judgment the party
licensed shall have violated any of the provisions of this act, and in prosecution
of any such inquiry the commissioner of labor is hereby empowered to administer
oaths, subpoena witnesses, take depositions, compel the attendance of witnesses
and the production of books, accounts, papers, records, documents and testimony.
Sec. 10819. Witnesses.— In case of refusal of any person to comply with the
order of the commissioner or subpoena issued by him, or the refusal of any witness
to testify to any matter regarding which he may be lawfully interrogated, or
refusal to permit any inspection as aforesaid, the district judge of the district in
which the person resides, on application of the commissioner, shall compel obedi­
ence by attachment proceedings as for contempt.
Sec. 10820. Use of sign, etc.— No private employment agency shall print, pub­

lish or paint on any sign, window or insert in any newspaper or publication, a
name similar to that of the Oklahoma Free Employment Bureau.
Sec. 10821. Registers.—It shall be the duty of every licensed agency to keep a
register in which shall be entered the age, sex, nativity, trade or occupation, name
and address of every person for whom employment is secured and the amount of
fee charged. Such licensed agency shall also enter into a register the name and
address of every person for whom help or servants are secured, the name and
nature of the employment for which such help shall be employed. Such register
shall at all reasonable hours be open to the inspection and examination of the
commissioner of labor, or his agent, and shall be in such form as may be provided
by him.
Sec. 10822. Receipts.—Every licensed agency shall issue a receipt to each
person securing employment or help, showing age, sex, nativity, trade or occupa­
tion, name and address of the applicant, and the amount of fee charged for pro­
curing the position. Such receipt shall also show the wages to be paid to said
person securing employment, together with the name and address of the employer
and the name of the agent issuing such receipt. Said receipt shall be made in
triplicate, upon forms prescribed by the commissioner of labor, the original copy
to be given to the person procuring employment, the duplicate to be mailed to
the commissioner of labor and the third copy to be retained by the agency issuing
same. The carbon copy of each and every receipt shall be mailed to the commis­
sioner of labor daily.
Sec. 10823. Registration.— No licensed agency shall charge a registration fee
for filing or receiving applications for help or employment, nor on any agreement
to furnish employment or help. Daily reports shall be made to the commissioner
of labor upon forms prescribed by him, showing all registrations for employment
or help as and in such form as may be required by the commissioner of labor.
Sec. 10824. Limitation of fees.— The fee for procuring employment or help
shall not exceed 5 per cent of the first month’s wages, where the employment is




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TE X T OF THE LAWS

for one month or more. In all other cases the maximum fee shall not be more
than $1, and in no case shall there be a charge made against both the employer
and employee. The above fee shall include all commissions, expense or compen­
sation whatsoever to such licensed agency for procuring employment or help. In
case the party paying such fee fails to obtain employment, such licensed agency
shall repay the same to such person, upon demand being made therefor: Provided,
That in cases where the person procuring employment is sent beyond the limits
of the city in which such employment agent operates, such licensed agency shall
repay, in addition to the above, any actual expenses incurred by reason of failure
to receive employment.
Sec. 10825. Splitting fees, etc.— Any licensed agency, or agent thereof, who
shall be guilty of dividing fees with any superintendent, manager, foreman or
other employees of any person, company, corporation or association for whom
employees are furnished, shall be guilty of a misdemeanor and shall be fined not
less than $50 nor more than $100 for each offense, or be imprisoned in the county
jail for a period not exceeding six months, at the discretion of the court.
Sec . 10826. Acts forbidden.— No agency shall send or cause to be sent any
female help, minor or servant to any place of bad repute, house of ill fame or
assignation house, or to any house or place of amusement, kept for immoral pur­
poses. No such licensed agency shall publish, or cause to be published, false
information, or make any false promise concerning or relating to work or employ­
ment, to anyone who shall register for employment, or secure employment, and
no licensed agency shall make any false entries in the register to be kept as herein
provided.
Sec. 10827. Failure to fulfill contracts.— The commissioner of labor shall, after
having determined by investigation that any employer in this State is not fulfill­
ing contracts made through employment agents, order all employment agents in
the State to refuse further service to such employer. Any employment agent
violating this section shall be subject to the penalties as provided in sections 2 and
12 [10818 and 10828] of this act.
Sec. 10828. Violations.— Every person, company, corporation or association
doing business in this State, who shall have persons brought into this State or
transferred from one point to another within the State, for the purpose of employ­
ment through or by means of any employment agency operating in this or any
other State, shall immediately fulfill the terms of the contract made between such
persons shipped in for the purpose of employment and the employment agency,
or shall, within 12 hours after the arrival of such persons desiring employment,
in case of failure or refusal to furnish such employment provide such persons with
transportation to their original starting point, and such meals and lodging as may
be necessary for the proper sustenance of such persons until they arrive at their
destination. Failure to comply with this section shall subject the offending
parties to a fine of not less than $50, nor more than $100 for each offense.
Sec. 10829. Definitions.— The term “ employment” or “ work” whenever used
in this act, shall be construed to mean manual or mechanical labor, clerical,
domestic or professional service.
Sec. 10830. Rules and regulations.—In order to make more effective the fore­
going statutory regulations, and in order to carry out their purpose and intent,
the commissioner of labor is hereby authorized to issue such rules and regulations
from time to time as in his judgment are deemed necessary. A violation of any
such rules shall be deemed a violation of this act and punishable as provided in
section 10 [10826].
Sec. 10831. Enforcement.—It shall be the duty of the commissioner of labor to
enforce this act. When informed of any violation thereof it shall be his duty to
investigate same as hereinbefore provided, and he may institute criminal proceed­
ings for enforcement of its penalties before any court of competent jurisdiction.
Any person convicted of a violation of the provisions of this act not otherwise
provided for shall be guilty of a misdemeanor and shall be fined not less than
$50 nor more than $100, or be imprisoned in the county jail for a period not to
exceed six months, or both at the discretion of the court: Provided, That any
person or persons who send any female help, minor or servant to any place of
bad repute, house of ill fame or assignation house, or to any house or place of
amusement kept for immoral purposes, shall be punished by imprisonment for
not less than 30 days nor more than six months, and no license to operate an
employment agency shall again be issued to such party.
S e c . 10832. Fees and fines.— The commissioner of labor shall, at the end of
each quarter, make an itemized account of all moneys received by him from fees
and fines under the provisions of this article and pay the same into the S^ate
treasury.



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119

OREGON
CODE OF 1930
C hapter 8.—Private employment offices
Section 49-801. Agencies.—Every person other than a clerk or employee
working for salary, or wages only and not otherwise financially interested in the
business, who, for compensation, procures, or in any manner assists in procuring,
employment, or help for another, or furnishes intelligence or information to per­
sons securing or seeking employment or help, shall be deemed and considered an
employment agent. If furnishing intelligence or information concerning both
male or female persons seeking employment, such employment agent shall be
designated as a “ general employment agent.” If furnishing intelligence or infor­
mation concerning female help only, such employment agent shall be designated
as a “ female employment agent.”
Sec. 49-802. Licenses; bonds.—Application for an employment agent's license
shall be filed in writing with the commissioner of labor statistics and inspector of
factories and workshops of the State of Oregon at least 30 days in advance of
the date on which the said license is to be issued. Said application shall set forth
that the applicant is a citizen of the United States, and the name and address of
the applicant, the street and number of the building or place where the business
is to be conducted, and the names and addresses of all persons financially inter­
ested in the operation of said business either as partners, associates or profit
sharers therein. Said application shall be accompanied by the affidavits of at
least 10 freeholders of the State of Oregon, to the effect that the said persons
believe the said applicant to be a person of good moral character and capable of
exercising an employment agent's license according to the terms of this act.
Upon receipt of such application the commissioner of labor may cause an investi­
gation to be made as to the character and responsibility of the applicant and of
the premises designated in such application as the place in which it is proposed to
conduct such agency.
The commissioner of labor or his deputies may administer oaths, subpoena
witnesses and take testimony in respect to matters contained in such application
and in respect to complaints of any character against the applicant for such li­
cense, and upon proper hearing may refuse to grant a license. Each application
shall be granted or refused within 30 days from date of filing. In all towns and
cities containing more than 15,000 inhabitants no license shall be granted to a
person to conduct the business of an employment agency in rooms used for living
purposes, or where boarders or lodgers are kept, or where meals are served, or
where persons sleep, or by any person who is interested in or benefits from the
sale of railroad and stage transportation. No license shall be granted to a person
whose license has been revoked within one year from the date of said revocation.
Before any such license is issued to the employment agent, the applicant shall
first file a bond with the State of Oregon, and in the office of the said commissioner
of labor statistics and inspector of factories and workshops, in the sum provided
for in section 49-804, Oregon code, as amended, with at least one good and suffi­
cient surety to be approved by the commissioner of labor statistics and inspector
of factories and workshops, conditioned that the applicant shall fully comply with
the provisions and requirements imposed by the laws of this State regulating
employment agencies, and shall pay all judgments recovered against him for any
violation of the said provisions or requirements, together with such judgments
and costs as may be recovered against him by any laborer, worker or applicant
for position on account of any willful misrepresentations, or for willfully deceiv­
ing any laborer, worker, or applicant for position transacting business with him
as such employment agent, and pay all damages by reason of any violation of this
act. Such license shall not be valid to protect any other than the person to whom
it is issued. In towns and cities containing more than 15,000 inhabitants no li­
censee shall employ or permit any person to operate an employment agency under
such license except a bona fide clerk or employee receiving a stated salary or
wage, who shall, before entering upon such employment, obtain from the com­
missioner of labor statistics and inspector of factories and workshops a permit
authorizing him so to do. A fee of $5 shall be exacted and paid for such permit,
and the applicant therefor, if found to be of good moral character and a fit and
proper person to transact business as such clerk or employee, may be granted
such permit, good for one year from date of issuance, upon executing to the State
of Oregon a good and sufficient bond in the sum of $100, and to be approved by
the commissioner, and conditioned that such clerk or employee shall honestly and




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faithfully comply with, observe and obey all the laws of this State regulating
employment agents. Such permits may be renewed annually upon the payment
of a like fee and the execution of a like bond.
Sec. 49-803. Fees.— No person acting as an employment agent or conducting
the business of an employment agency, shall charge or collect as a fee or compen­
sation for such service in excess of the following:
First. For positions for females where the salary or wages of the position secured
is not to exceed $50 per month, the fee or compensation of the employment agent
shall not exceed 5 per cent of one month’s earnings in said position, and where the
salary or wages of the position secured is more than $50 and not to exceed $100
per month, the fee or compensation shall not exceed $5 and where the salary is
more than $100 per month the fee shall not exceed $7.50.
Second. For positions for males where the salary or wages of the position secured
is not to exceed #60 per month the fee or compensation of the employment agent
shall not exceed 5 per cent of one month’s earnings in said position.
Third. For positions for males where the salary or wages ot the position secured
is more than $60 and not to exceed $100 per month, the fee or compensation of the
employment agent shall not exceed $5.
Fourth. For positions for males where the salary or wages of the position secured
is more than $100 per month, the fee or compensation shall not exceed $7.50. In
no case shall board be included as part of the salary or wages.
Sec. 49-804. License fees; bonds.— The commissioner of labor statistics and
inspector of factories and workshops may if the applicant for such license be a fit
and proper person to conduct an employment agency, and upon the pavment of
an annual license fee and filing of a bond in the amount hereinafter provided, when
such bond has been approved by him, issue to the employment agent a license for
the period of one year. The amount of the license fee to be paid and the bond to
be furnished by the said employment agent shall be in proportion to the popula­
tion of the city or town in which the employment agent has its principal place of
business according to the last census of the United States, and as indicated by the
following schedule:
Population
Cities of 100,000 and over___________
Cities of 60,000 to 100,000....................
Cities of less than 50,000....................

License

Bond

$250
100
50

$3,000
2,000
1,000

If the employment agency for which the application is made is not to be operated
in any incorporated city or town, then the applicant shall file the minimum bond
and pay the minimum license above specified. No other license fee shall be re­
quired of any such licensee by any city, town, county or other political subdivision
thereof: Provided, however, Female employment agents, as defined in section
49-801, Oregon code, shall only pay the sum of $50 as annual license fee and fur­
nish bond in the sum of $1,000. That of the fund made up of the license fees as
provided herein, $600 thereof, or so much of said sum as may be necessary, hereby
is set aside and appropriated annually to and for the use of the commissioner of
the bureau of labor statistics and inspector of factories and workshops to defray
the expenses of investigating and adjusting grievances made as to the violation of
this act by employers, employtes or employment agencies.
Sec. 49-805. Receipts; records.— Every employment agent shall, upon receiving
any compensation for services, give to the person for whom the same is received,
a receipt therefor in writing, which shall be in the following form, and which must
contain at least all of the facts set forth in said form, to wit:
--------- , --------- , --------- , 19—
Received from----------------------------- , the sum of —-------------dollars, for which
we agree to furnish correct information by which the above-named employee or
applicant shall be entitled to secure a situation a s --------------- w ith ------------------------------- at —
---------------wages and---------------- amount charged board per day
or month. Failing to do which we promise to refund the above amount paid and
also the fare for transportation (unless such fare is furnished or offered to the said
applicant) to and from the place where said applicant is sent by said agent, on the
return of this receipt together with the written statement from the employer or
other evidence that the applicant has applied in person at the place to which he is




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PRIVATE EMPLOYMENT AGENCIES

directed herein, and to the person to whom he is directed herein, or his agent, and
could not get the situation. If the employee is discharged within two days, we
promise to refund the amount paid as fee, and if the employee is discharged after
two days and within six days, we promise to refund one-half of said fee, unless he
be discharged by reason of intoxication or other good and sufficient cause.
Employment Agent.
Every employment agent shall keep a true and correct record of the names of
all applicants and the nature of work and the date of furnishing said work, and
the amount of money received from each, if any, and place of employment, which
said record shall at all times be open to the inspection of the commissioner of
labor statistics and inspector of factories and workshops of the State of Oregon,
or any of his duly authorized deputies.
Sec. 49-806. Civil liability.— Any employment agent who sends an applicant
for employment to any place where the supposed employment is to be had on in­
formation that is incorrect or not as stated in the receipt for fee paid by the appli­
cant for employment, or if the position which the said applicant is to take has
already been taken and is not procurable for such applicant, shall be liable for the
fee paid by the said applicant and the return of same, and for the return of the
fare or transportation to and from the place where the said applicant is sent:
Provided, however, That if transportation is furnished or offered the applicant by
either employer or the employment agent, the said applicant shall recover only
his fee: And provided further, That any applicant who obtains employment and is
discharged within two days shall be entitled to the return of his entire fee from
the employment agent, and if the applicant is discharged after two days and with­
in six days he shall be entitled to one-half of the fee, except in case where it is spe­
cifically stated on the face of the employment ticket that the employment is for
six days or less: And provided further, That the applicant shall have no right to
recover, against either the employer or the employment agent, either the trans­
portation, fees or other costs, in the event that the said applicant voluntarily re­
fuses to go to work in the position stated in the receipt, or is discharged by reason
of intoxication or other good and sufficient cause.
Sec. 49-807. Employers.— Any employer who shall request an employment
agent to supply labor, who shall refuse to accept such labor so supplied, or who
shall discharge such labor without cause, shall be liable to the said employment
agent and to the applicant for damages thereby sustained: And provided further,
That the applicant may proceed against either the employer or the employment
agent.

Sec. 49-808. Indorsement of receipts.— Each receipt for fees given by the em­
ployment agent to the applicant shall have printed on the back the following
indorsement to be filled out by the employer in the event that the applicant is not
given employment, or is discharged within six days:
TO THE EMPLOYER

(Kindly fill out the blank below and return this receipt to the applicant in case
vou do not employ him, or if he is discharged for any reason within six days after
being employed.)
State clearly whether applicant was discharged or quit position of his own accord,
how long applicant worked, and if applicant was discharged or quit; state fully and
clearly facts and reasons therefor.
Employer

B y --------------------------------

.

Sec. 49-809. Criminal liability.— It shall be unlawful for any employment agent
to share the fee received from any applicant with any employer or the agent of any
employer, or to enter into contract, either verbal or written, with an employer
or agent of any employer, whereby the employment agent is to pay or remunerate
the employer or any agent of any employer, for the furnishing of employment.
It shall be unlawful for any employment agent to send any applicant for employ­
ment on information known to be incorrect or not as stated in the receipt for
the fee paid by such applicant for employment. It shall be unlawful for any
employment agent to conduct his business of supplying labor in any saloon or
other place where intoxicating liquors or beverages are sold, or in any room
or building connected by a door or passageway with a saloon or place in which




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T E X T OF THE LAWS

intoxicating liquors or beverages are sold. It shall be unlawful for any person
or persons to operate an employment agency for hire or compensation or other­
wise than as is specified in this act, without first securing a license as herein
provided. It shall be unlawful for any employer, or his agent, to receive any
remuneration or division of fees from any employment agent supplying labor or to
agree, either orally or in writing, to receive any remuneration or division of fees
for the supplying of labor within the meaning of this act. It shall be unlawful for
any employer or agent of any employer to order men from any employment
agency and refuse to accept such men so supplied or to discharge such men in less
than six days without good and sufficient cause, unless such men shall be specifi­
cally ordered for a shorter length of time, as provided in this act. It shall be
unlawful for any employer or the agent of any employer to order men from any
employment agency upon information known to be incorrect. Any person
violating this section, shall be guilty of a misdemeanor and shall be punishable by a
fine of not less than $25 nor more than $200, or by a term of not less than 5 days
nor more than 60 days in the county jail. Justice courts, district courts and
circuit courts shall have concurrent jurisdiction in all cases arising out of a viola­
tion of this act.
Sec. 49-810. Exemptions.— This act shall not be deemed to apply to persons
hiring or furnishing employment or giving information leading to the hiring or
furnishing of employment, for which no fee is charged or received from appli­
cant; nor to persons, firms, or corporations hiring or furnishing employment or
giving information leading to the hiring or furnishing employment to any school­
teacher, or to persons in any professional or clerical position.
Sec. 49-811. Administration.— The commissioner of labor statistics and in­
spector of factories and workshops shall have the power to make all needful rules
and regulations for the administration of this act, to provide forms for applica­
tions and such other forms as may be from time to time necessary in the adminis­
tration hereof.
Sec. 49-812. Revocation of license.— After investigation by the commissioner of
labor statistics and inspector of factories and workshops at which the employment
agent may be represented in person or by counsel, the license of any employment
agent may be revoked after proof that such agent has continued willfully to con­
duct the employment business in violation of the terms of the act.
Sec . 49-813. Appeals.— Any person aggrieved by the decision of the commis­

sioner of labor statistics and inspector of factories and workshops, either refusing
or revoking a license under this act, may appeal from such decision in the circuit
court of Marion County. Said appeal shall be taken by serving a notice of appeal
and giving a bond in the sum of $500 within the time and in the manner provided
for appeals from justice of the peace or district courts and upon the trial in the
circuit court the case shall be tried de novo. Said bond shall be conditioned for
the payment of the costs and disbursements of the appeal and the costs and dis­
bursements shall be allowed and taxed as in other cases as now provided by law
Upon the trial in the circuit court the appellant shall be the plaintiff.
PENNSYLVANIA
ACTS OF 1929
No. 438.—Private employment offices
Section 1. Definitions.— The following terms shall, unless the context other­
wise indicates, have the following respective meaning: (a) The term “ employ­
ment agent” shall mean every person, copartnership, association, or corporation
engaged in the business of, or maintaining an agency for, assisting employers to
secure employees, and persons to secure employment, of whatever nature, or of
collecting and furnishing information regarding employers seeking employees and
persons seeking employment. (6) The term ‘ ‘ secretary ” shall mean the secretary
of labor and industry of the department of labor and industry of this Common­
wealth, or his duly authorized deputy or representative, (c) The term “ depart­
ment” shall mean the department of labor and industry of this Commonwealth.
{d) The term “ fee” means and includes any money or other consideration paid,
or promised to be paid, for services rendered, or to be rendered, by any employ­
ment agent as above defined. Such term includes any excess of money received
by any such person, over what has been paid out by him for the transportation,
transfer of baggage, or board and lodging, for any applicant for employment.
(e) The term “ persons” shall include persons, associations, copartnerships and
corporations.




PRIVATE EMPLOYMENT AGENCIES

123

Sec. 2. Scope.—The term “ employment agent,” as used in this act, shall not
apply to: (a) Departments, associations, or bureaus, which are maintained solely
for persons in this Commonwealth for the purpose of obtaining employees for
themselves or their members, and which charge no fee to applicants for employ­
ment. (6) Theatrical managers, representatives or agents, engaging talent for
use in their own performances, (c) Bureaus or agencies procuring employment
for school teachers, without charge. (d) Bureaus or agencies procuring employ­
ment for registered nurses, without charge, (e) Employment bureaus main­
tained by this Commonwealth, (f) Employment bureaus maintained by the
United States of America within this Commonwealth, (g) Employment bureaus
or agencies maintained by any association of manufacturers within the Common­
wealth for the purpose of obtaining employees for their members, and which charge
no fee to applicants for employment: Provided, however, That persons excluded
from licensure under this section shall register with the department as hereinafter
provided.
Sec . 3. License.—It shall be unlawful for any employment agent, on or after
the 30th day of September, 1929, to operate as such in this Commonwealth, unless
such employment agent be the holder of a license as in this act provided.
Sec. 4. Application.— Every employment agent, desiring so to operate, shall
file an application for such license with the secretary. The application shall be on
a form furnished by the secretary, and, together with such other information as
the secretary shall require, shall state: (a) The name and street address of the
applicant. (6) The present address of the place where the business is to be con­
ducted. (c) Whether or not the applicant proposes to conduct a lodging house
for the unemployed separate from the business proposed to be conducted, (d)
The business or occupation engaged in by the applicant for at least two years
immediately preceding the date of the application.
Such application shall be accompanied by the affidavits of at least three repu­
table residents of the city or county in which the applicant intends to operate, to
the effect that the applicant is a person of good moral character.
Sec. 5. Posting of notice, investigation.—Upon receipt of such application, the
secretary shall cause to be posted in a conspicuous place on the premises, at which
the business is or is intended to be conducted, the name and address of the appli­
cant, the place where the business is to be conducted, and the fact that such
application has been filed.
The secretary shall thereupon cause to be investigated the character and respon­
sibility of the applicant, and the location and premises at which the business is
intended to be conducted.
Any person may file, within one week after the posting by the secretary of the
facts pertaining to the application, as heretofore provided, a protest with the
secretary against the issuance of such license. Such protest shall be in writing
and shall be signed by the person filing the same, or his authorized agent or
attorney, and shall state the reasons why the said license should not be granted.
If the investigation by the secretary is unsatisfactory, or in the event of a
protest, the secretary shall thereupon, not less than 15 days after the posting of the
facts of application, hold a public hearing at a place designated by the secretary,
in the city, borough, town or township where the business is to be established.
At least five days’ notice of the time and place of such hearing shall be given by
the secretary to the applicant, and the protestants, if any.
The secretary, for any hearings which may be held under this act, shall have the
power to issue subpoenas requiring the attendance of witnesses, and the production
of books and papers pertinent to such hearing, and to administer oaths to such
witnesses, and examine such witnesses, books and papers.
Any witness who refuses to obey a subpoena issued hereunder, or who refuses to
be sworn or affirmed, or to testify, or who is guilty of any contempt after summons
to appear, may be punished for contempt of court, and, for this purpose, an
application may be made to any court of common pleas within whose territorial
jurisdiction the offense was committed, for which purpose such court is hereby
given jurisdiction.
Sec. 6. Refusal.—After such hearing, the secretary may refuse to grant a license
to the applicant, for any one of the following reasons: (a) That the applicant is
not of good character or reputation. (b) That the place where the business is to
be conducted is not a suitable place therefor, and such places, as well as for other
proper reasons, shall be deemed unsuitable if it is to be conducted in rooms used
for living purposes, or where boarders or lodgers are kept, or where meals are
served, or where persons sleep, or in connection with a building or premises where




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TEX T OF THE LAWS

intoxicating liquors are sold, or reputed to be sold, or in a house of ill repute, or in a
neighborhood deemed unsatisfactory by the secretary, (c) That the proposed
plan of business is unjust or unfair. (d) The applicant, being hitherto an employ­
ment agent, has failed to comply with the existing laws relating thereto.
Sec, 7. Granting a license.—In all other cases, the secretary, upon the compli­
ance by the applicant with the provisions of this act, shall grant such applicant a
license for a period of one year. In all cases whether the license shall be granted
or refused the secretary shall make such final decision and take such action within
30 days after the filing of the application.
Sec. 8. Bond.— No such license shall be granted until the applicant has filed
with the secretary a bond, of a duly authorized surety company, to be approved
by the secretary, in the penal sum of $1,000, payable to the Commonwealth of
Pennsylvania, conditioned that the applicant will comply with the provisions of
this act, and shall pay all damages occasioned to any person by reason of any mis­
statement, misrepresentation, fraud or deceit, or any unlawful act or omission of
any such person, his agent or employees, while acting within the scope of their
employment, made, committed, or omitted in the business conducted under such
license, or caused by any other violation of this act in carrying on such business.
All actions upon bonds given under this act shall be in the same manner as
actions upon official bonds.
Sec. 9. License fee.— No license shall be granted until the applicant shall have
paid to the secretary a license fee as follows:

(1) For licenses to be known as class “ A” licenses, and which shall be required
by all employment agents who confine their operations to persons listed as metal
and metal-products workers, mine and quarry workers, hotel and restaurant help,
clay, glass, and stone-products workers, ironworkers, clothing workers, textile
workers, food and kindred products workers, leather, rubber and compositiongoods workers, lumber, woodwork and furniture workers, paper and printing
workers, unskilled and common laborers, domestic and industrial help of all kinds,
the sum of $100.
(2) For licenses to be known as class “ B ” licenses, and which shall be required
by all employment agents known as professional, technical, or theatrical, and who
confine their operations to actors, actresses, musicians and performers of all kinds,
advertising managers, bookkeepers and accountants, cashiers, chemists, drafts­
men, surveyors and transit men, engineers (civil, etc.), salesmen and solicitors,
superintendents and foremen, traffic managers, agricultural experts, chemical
workers, explosive workers, auto mechanics and garage workers, chauffeurs and
truck drivers, aircraft workers, inspectors, telegraph operators, telephone opera­
tors, station employees, shipping and stock clerks, store managers, stenographers
and typists, linotype operators, printers and compositors, proofreaders, office
clerks, timekeepers, tobacco workers, and traders, the sum of $100.
(3) For licenses to be known as class “ C ” licenses, and which shall be required
by all employment agents engaged in such business, in lines of activity provided
for under both classes “ A” and “ B ” licenses, and all other occupations not listed,
the sum of $200.
Sec. 10. Revocation, etc.— The secretary shall institute proceedings, in the court
of common pleas of the county wherein such business is located asking for the
suspension or revocation of such license for the causes enumerated hereinafter. All
matters remaining in abeyance until final hearing, upon it appearing from the
inspection or investigation of the secretary, or upon sworn complaint filed with
him, that the licensee: (a) Was guilty of fraud or misrepresentation in the secur­
ing of the license. (6) Had not met, or was not meeting, the requirements under
which the license was granted, (c) Was violating or failing to observe the pro­
visions of this act with reference to the conduct of his business.
Whenever such license shall be fihally revoked, the secretary shall not, within
one year of such revocation, issue another license to such person, or his represent­
ative, or to any person with whom he is to be associated in such business. Nor
shall such person be employed during such period by any other employment agent.
No employment agent shall divide, directly or indirectly, any fees charged or
received by him, with any person who secures help through such employment
agent, or to whom help is referred by such employment agent, nor shall any
employment agent offer to so divide any fees.
Licenses may be renewed from year to year, upon application, payments of
license fees, and filing of bonds as in the case of an original application.
Sec. 11. Foreign agencies.— No foreign employment agent, or other person, shall
enter this Commonwealth and attempt to hire, induce, or take from this Common­
wealth any labor, singly or in groups, for any purpose, without first filing, in the




PRIVATE EMPLOYMENT AGENCIES

125

office of the secretary, a statement as to where the labor is to be taken, for what
purpose, for what length of time, and whether transportation is to be paid to and
from destination, if temporary, also a statement of the financial standing of the
company desiring the labor, and an affidavit of authority to represent such com­
pany in this Commonwealth, and whatever other information the secretary may
require.
The secretary shall thereupon determine whether the person desiring such labor
from this Commonwealth is an employment agent for profit, and, if so, whether
such person is qualified to be licensed under this act. The secretary, after such
investigation, may refuse to license, upon compliance with the provisions of this
act, or register such person. Such person shall, in the event of unfavorable action
by the secretary, have the right of appeal as in other cases under this act. If such
person shall be exempted from license, he shall pay for registration, a fee of $5,
and receive therefor from the secretary a certificate recognizing his right to do
business in this Commonwealth.
Sec. 12. Register.— Every employment agent shall keep a register or registers,
approved by the secretary, in which shall be entered, in the English language, the
date of any application for employment, the name and address of the applicant,
the amount of the fee received, and, whenever possible, the names and addresses
of former employers or persons to whom such applicant is known, and the final
disposition of the applicant’s case; a similar record of all applications of persons
seeking employees, the date of such application, the kind of help required, the
names of the persons sent, the record of the ones so sent, if any, who were employed
as a result thereof, the amount of the fee received, and the rate of wages agreed
upon. No person shall make any false entry in such register.
It shall be the duty ot the employment agent, whenever possible, to commun­
icate, orally or in writing, with at least one of the persons mentioned as references
by any applicant for work in private families, or to be employed in a fiduciary
capacity, and the result of such investigation shall be kept on file in such agency:
Provided, That if the applicant for help voluntarily waives, in writing, such
investigation of references, the employment agent shall not be required so to do.
Sec. 13. Return of fee.— No employment agent shall send out any applicant
for employment without having obtained a bona fide order therefor, and, if it
shall appear that no employment of the kind applied for existed at the place to
which said applicant was directed, the said employment agent shall refund to
such applicant, within three days of demand, any sums paid by said applicant
for transportation in going to and returning from said place, and all fees paid by
said applicant.
Sec. 14. Employment card.— Every employment agent shall give to each

applicant for employment a card or paper, containing, in printed, typewritten or
written form: (a) The name of the applicant. (6) The name and address of
such employment agency, (c) The name and address of the person to whom the
applicant is sent for employment, (d) The kind of service to be performed.
(e) The rate of wages or compensation, (f) The time of such services, if definite
and, if indefinite, to be so stated, (g) The name and address of the person
authorizing the hiring of such applicant. (h) The cost of transportation, if the
services are required outside of the city, borough, town, or township where the
employment agent conducts his business.
Sec. 15. Receipts.— It shall be the duty of every employment agent to give to
every applicant for employment, from whom a fee shall be received, a receipt in
which shall be stated: (a) The name of the applicant. (6) The date and amount
of the fee. (c) The purpose for which it was paid.
Every applicant for help shall receive a receipt in which shall be stated: (a)
The name and address of the applicant, (b) The date and amount of the fee.
(c) The kind of help desired. The secretary may require the printing on the
back of any such receipts Qf portions of this act.
Sec. 16. Contract labor.— Whenever any employment agent agrees to send
one or more persons as contract laborers, in any place outside the city, borough,
town, or township in which such employment agent conducts his business, he
shall file with the secretary, within five days after the contract is made, a state­
ment containing the following items: (a) Name and address of the employer.
(b) Names and addresses of the persons to be employed, (c) Nature of the
work to be performed, (d) Hours of labor. (e) Wages offered, (f) Destina­
tion of the persons to be employed, (g) Terms of transportation.
A duplicate copy of this statement shall be given to the applicant for employ­
ment, in a language he is able to understand, before he leaves the city, borough,
town or township.
161109°— 33------9




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T E X T OF THE LAWS

Sec. 17. Posting act.— Every employment agent shall post in a conspicuous
place, in every room of his place of business, the portions of this act required by
the department, which shall be printed in large type, in language in which persons
commonly doing business with such employment agent can understand. Such
poster shall also contain the names and addresses of the nearest officers having
authority to enforce this act.
Sec. 18. Enforcement.— The secretary shall be charged with the enforcement

of the provisions of this act, and shall have the power to appoint inspectors, who
shall make as nearly as possible five visits each month to every such employment
agent holding a license in this Commonwealth. Such inspectors shall have
suitable badges, which they shall exhibit on demand of any person interested.
They shall see that the provisions of this act are complied with, and shall have
no other occupation or business. They shall have for the purpose of the enforce­
ment of this act, the powers of constables and policemen in cities of the first and
second class.
Sec. 19. Inspection of books.— All registers, books, records, and other papers
required to be kept pursuant to this act by any employment agent, shall be open
at all reasonable hours to the inspection of the secretary or his inspectors. An
auditor may be sent to the office of any employment agent by the secretary, at
least once a year, or oftener if necessary, to obtain information for the use of the
secretary. Every employment agent shall file with the secretary the schedule
of fees which he charges for any services rendered to employers seeking em­
ployees or persons seeking employment.
Sec. 20. Registration of exempted class.— Persons operating under the exempted
classes, as set forth in section 2 hereof, and persons classified under section 11
hereof, from whom registration is required, shall apply for registration annually
with the department upon such forms and giving such information as the depart­
ment shall require; the department may thereupon register such persons to
operate within such classification.
Sec. 21. Collection of fees.— All moneys or fees required to be paid under this
act shall be collected by the secretary, and by him paid into the State treasury.
Sec. 22. Acts prohibited.— (a) No employment agent shall induce, or attempt

to induce, any employee to leave his employment with a view to obtaining other
employment through such employment agent.
(b) No employment agent shall publish or cause to be published any false or
fraudulent or misleading information, representation, notice or advertisement;
all advertisements of such employment agent, by meaus of cards, circulars or
signs, and in newspapers or other publications, and all letterheads, receipts and
blanks, shall be printed, and contain the name and address of such employment
agent, and the words, “ employment agent” ; and no employment agent shall give
any false information, or make any false promise, or false representation, con­
cerning an engagement or employment, to any applicant who shall register or
apply for an engagement or employment or help.
(c) No employment agent shall accept any applicant for employment, made by
or on behalf of any child, or shall assist in placing any such child in any employ­
ment whatever, in violation of the child labor laws of this Commonwealth, except­
ing the appearance of a child in what is known as a road performance or exhibition
in any theater of this Commonwealth, when there has been secured from the
secretary a special certificate so to do.
(d) No employment agent, or his representatives, shall induce or control any
person to enter any agency, for any purpose, by the use of force, or by taking
forcible possession of said person’s property.
(e) No employment agent shall send, or cause to be sent, any female as a
servant, employee, inmate, entertainer or performer, or any male as employee or
entertainer, to any place of bad repute, house of ill fame, or assignation house,
or to any house or place of amusement kept for immoral purposes, or place re­
sorted to for the purpose of prostitution, or gambling house the character of
which such licensed person could have ascertained upon reasonable inquiry.
(/) No employment agent shall send out any female applicant for employment
without making a reasonable effort to investigate the character of the employer.
(g) No employment agent shall send any female, as an entertainer or per­
former, to any place where any such female will be required or permitted to sell
offer for sale, or solicit the sale of intoxicating liquors, to those present or assem­
bled as an audience, or otherwise, in such place, or in any rooms or building
adjacent thereto.
(h) No employment agent shall knowingly permit any persons of bad character,
prostitutes, gamblers, intoxicated persons, or procurers to frequent his place of
business.




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127

Violation of any of the foregoing provisions, as well as any other of the provi­
sions of this act, shall be grounds for the refusal to grant, refusal to renew, revoca­
tion or suspension of the license of any employment agent. And the effect of any
revocation or suspension of any license shall be the same as if the licensee had
never been licensed.
Sec . 23. Operating without license.— No person shall operate as an employment
agent in this Commonwealth, without holding a license so to do, as herein pro­
vided; no person shall operate in this Commonwealth under one or more of the
exempted classifications set forth in section 2 of this act or under section 11 hereof,
without holding a license so to do, or being registered as herein provided. Any
person so doing, shall for the first offense, upon conviction thereof in a summary
proceeding before any alderman, magistrate, or justice of the peace, in the county
where the offense occurred, be sentenced to pay a fine of not less than $25, nor
more than $100, or upon nonpayment thereof to undergo imprisonment in the
county jail for a period of 30 days, and for a second offense shall be guilty of a
misdemeanor, and, upon conviction thereof in the proper court, shall be sentenced
to pay a fine of not less than $25, nor more than $250 or imprisonment for a period
of not more than one year, or both, at the discretion of the court.
Sec. 24. Violations.—Any person who violates any of the provisions of para­
graphs (e), (/), (g), or (h), of section 23 [22] of this act, shall be guilty of a misde­
meanor and, upon conviction thereof before a court of competent jurisdiction, shall
be sentenced to pay a fine of not less than $100, or more than $1,000, and costs of
prosecution, or undergo imprisonment in the county jail for a period of not more
than one year, or both, at the discretion of the court.
Sec. 25. Effective date.— This act shall become effective on the 1st day of
October, 1929.
Sec. 26. Severability.— The provisions of this act are severable, and, in the
event that any provisions thereof should be declared unconstitutional, it is hereby
declared to be the legislative intent that the remaining portions would have been
enacted notwithstanding such judicial determination of the invalidity of any
particular provision or provisions in any respect.
Sec. 28. Repeal.— All acts or parts of acts inconsistent herewith are hereby
repealed.
RHODE ISLAND
GENERAL LAWS, 1923
C hapter 51

(747) S e c t i o n 18. Employment offices, licenses.— The board of police commis­
sioners of any city or town, and in any city or town where there is no such board,
the board of aldermen, or the town council thereof may license suitable persons
as keepers of intelligence or employment offices for the purpose of obtaining em­
ployment of domestics, servants, laborers and any other classes of employees,
except seamen, or for the purpose of procuring or giving information concerning
such persons for or to employers, or for the purpose of procuring or giving infor­
mation generally concerning employment in business; and may issue different
classes of such licenses for all or any such purposes, and may fix the amount or
amounts to be paid for such license or licenses, and may revoke any such license
or licenses at pleasure; and may make rules and regulations governing such offices
and the conduct thereof and the business pertaining thereto or transacted therein,
and the charges for obtaining employment for any persons or furnishing any such
information to any persons. Whoever without a license therefor establishes or
keeps an intelligence or employment office for any of the purposes specified in
this section, upon conviction thereof, shall be fined $10 for each day such office
is so kept; and any person violating any of such rules or regulations, upon convic­
tion thereof, shall be fined not exceeding $20 for each offense.
SOUTH DAKOTA
COMPILED LAWS, 1929
C hapter 7, A rticle 5.—Private employment offices
Section 1107A. License.— No person, firm, or corporation in this State shall
open, operate or maintain a private employment agency for hire or for help
without first obtaining a license for the same from the industrial commissioner,
and the license fee shall be $10, per annum, payable in advance on the first day
of May each year, or at the time of application for license, and shall expire on




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TEX T OF THE LAW S

the last day of April of each year. Every license shall contain a designation of
the city, street and number of the building in which the licensed parties conduct
said employment agency. In case of removal to another location during the period
covered by such license, the industrial commissioner shall be at once notified and
the license corrected accordingly. No such license shall be transferable: Provided,
That this act shall not be construed to include teachers' agencies.
Sec . 1107B. Bond.— The industrial commissioner shall require with each
application for a license a surety bond in the penal sum of $2,000, to be approved
by said industrial commissioner and conditioned that the obligor will not violate
any of the duties, terms, conditions, provisions or requirements of this act.
The industrial commissioner is authorized to cause an action or actions to be
brought on said bond in the name of the State for any violation of any of its con­
ditions and he may revoke upon a full hearing any license whenever in his judgment
the party licensed shall have violated any of the provisions of this act; and in
the prosecution of any such inquiry, the industrial commissioner is hereby
empowered to administer oaths, subpoena witnesses, take depositions, compel the
attendance of witnesses, and the production of books, accounts, papers, records,
documents and testimony.
Sec. 1107C. Canceling license.—In case of refusal of any person to comply
with the order of the industrial commissioner or subpoena issued by him or the
refusal of any witness to testify to any matter regarding which he may be lawfully
interrogated, or refusal to permit any inspection as aforesaid, the industrial
commissioner may cancel the license held by such person, firm, or corporation
refusing to comply with the orders of the industrial commissioner: Provided,
That the orders of the industrial commissioner be in accord with the provisions
of this act. When such license shall be so canceled it shall not be reissued to
said person, firm or corporation for a period of six months from the date of said
cancellation.
Sec. 1107D. Signs.— No private employment agency shall print, publish or
paint on any sign, window, or insert in any newspaper or publication a name similar
to that of the United States Employment Service.
Sec. 1107E. Register.— It shall be the duty of every licensed agency to keep
a register in which shall be entered the name and sex of every person for whom
employment is secured, and the amount of fee charged. Such licensed agency
shall also enter into a register the name and address of every person for whom
help or servants are secured. Such register shall at all reasonable hours be open
to the inspection and examination of the industrial commissioner or his agent, and
a copy of such facts shall be filed with the industrial commissioner not later than
the tenth day of each succeeding calendar month.
Sec. 1107F. Receipts.— Every licensed agency shall issue a receipt in triplicate
to each person securing employment or help showing the occupation, name and
address of the applicant, and the amount of the fee charged for procuring the
petition [position], and such receipt shall also show the wages to be paid to said
person securing employment, together with the name and address of the employer
and the name of the agency issuing such receipt. Also the nature of the employ­
ment offered and if a strike or lookout is known to exist the fact shall be stated.
Said receipt shall be made upon forms prescribed by the industrial commis­
sioner and the third copy to be retained by the agency issuing same. The carbon
copy of each and every receipt issued shall be mailed to the industrial commis­
sioner as prescribed in section 1107E.
Sec. 1107G. Registration.— No licensed agency shall charge a registration fee
for filing or receiving application for help or employment nor on any agreement
to furnish employment or help. Monthly reports shall be made to the industrial
commissioner upon forms prescribed by him, showing all registrations for employ­
ment or help.
Sec. 1107H. Fees.— The fee for procuring employment or help shall in all
cases be clearly set out in the receipt as provided in section 1107F, and shall be
in no case of a larger amount than shall be scheduled by the industrial commis­
sioner. The receipt shall plainly show the amount of the fee, all commissions
and expenses or compensation whatsoever to such licensed agency for procuring
employment or help. In case the party paying such fee fails to obtain the employ­
ment specified and such failure shall not be the fault of such applicant for employ­
ment, such licensed agency shall repay the same to such person upon demand
being made therefor: Provided, That in cases where the person seeking employment
is sent beyond the limits of the city in which such employment agency operates,
such licensed agency shall repay in addition to the above any actual expenses
incurred by reason of failure to receive employment, in all cases when it shall
appear that the employment agency made false representations.




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129

Sec. 11071. Dividing fees.— Any licensed agency, or agent thereof, who shall
be guilty of dividing fees with any superintendent, manager, foreman, or other
employees of any person, company, corporation or association, for whom employ­
ees are furnished shall be guilty of a misdemeanor and shall be fined not less than
$50 or be imprisoned in the county jail for a period not exceeding three months
at the discretion of the court.
Sec. 1107J. Immoral resorts.— No agency shall knowingly send or cause to be
sent any female help or servant to any place of bad repute, house of ill fame, or
assignation house, or to any house or place of amusement kept for immoral pur­
poses.
Sec. 1107K. False statements.— No such licensed agency shall publish or cause
to be published any false information, make any false promise concerning or
relating to work or employment to any one who shall register for employment
and no licensed agency shall make any false entries in the register to be kept as
herein provided.
Sec. 1107L. Enforcement.— It shall be the duty of the industrial commissioner
to enforce this act. When informed of any violation thereof it shall be his duty
to investigate same, as hereinbefore provided, and he may institute criminal
proceedings for enforcement of its penalties before any court of competent juris­
diction. Any person convicted of a violation of the provisions of this act not
otherwise provided for, shall be guilty of a misdemeanor and shall be fined not
less then $50 nor more than $100 for each offense or be imprisoned in the county
jail for a period not to exceed three months or both such fine and imprisonment
at the discretion of the court: Provided, That any person or persons who shall
send any female help or servant to any place of bad repute, house of ill fame or
assignation house or to any house or place of amusement kept for immoral pur­
poses, shall be punished by imprisonment for not less than 30 days nor more than
3 months and no license to operate an employment agency shall again be issued to
such party.
Sec. 1107M. Fee disposition.— All moneys paid to the industrial commissioner
for license fee under this act, shall be paid over by him to the State treasurer.
Sec. 1107N. Employment defined.— The term employment or work, whenever
used in this act, shall be construed to mean manual or mechanical labor, clerical,
domestic or professional service.
Sec. 11070. Private agency defined.— Any person, firm, or corporation who for
hire or with a view to profit shall undertake to secure employment or help through
the medium of cards, circulars, pamphlets of any nature whatsoever, or through
the display of a sign or bulletin offer to secure employment or help or give
information as to where employment or help shall be secured, shall be deemed a
private employment agency and shall be subject to the provisions of this act.

TENNESSEE
CODE OF 1932
C hapter 30.— Employment agencies
Section 6694. License.— It shall be unlawful for any person to open, maintain
or operate an employment agency in the State for profit, without obtaining a
State license to be issued by the department of labor. For said license, a fee
shall be paid as hereinafter set out. In cities of 25,000 or more inhabitants, $50
per annum; in cities and towns less than 25,000 and more than 5,000 inhabitants,
$25 per annum; in all cities or towns less than 5,000 inhabitants, $10 per annum.
The fees shall be paid direct to the county court clerk and by him transmitted to
the comptroller of the treasury as other State revenue.
Sec. 6695. Same.— Every such license shall contain the name of the person
holding the same, together with his correct address, including street or building
number where business is located, and such license shall be conspicuously posted
in the place of business of such employment agency.
Sec. 6696. Use of similar name.— No employment agency shall print, publish,
or paint on any sign, window, or other place, or insert in any newspaper or publi­
cation a name similar to that of any free employment bureau or office.
Sec. 6697. Bond to be required.— The commissioner of the department of labor
shall require that any person desiring to open, maintain, or conduct an employ­
ment agency, within the scope of this chapter, shall, before opening such employ­
ment agency, secure such license therefor, and such person, before such license is
issued, shall give bond in the sum of $1,000, with two or more good and sufficient




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TEX T OP THE LAWS

sureties or oue corporate surety to be approved by the said commissioner, payable
to the State of Tennessee, and conditioned that such person will not violate any
of the terms, conditions, provisions, or requirements of this chapter.
Sec . 6698. Action on bond.— The commissioner of labor is authorized to cause
an action to be brought on said bond in the name of the State of Tennessee, on his
relation, for the violation of any of the conditions of said bond.
Sec. 6699. Register.— It shall be the duty of every licensed agency to keep a

register in which shall be entered the name and address of every applicant, and
such licensed agency shall also enter in said register the name and address of every
person who shall make application for employment, and the nature of the employ­
ment sought. And such register shall at all reasonable hours be open to the
inspection and examination of the department of labor, or any deputy of said
department.
Sec. 6700. Fraud, etc.— No employment agency shall send or cause to be sent
any female help or servant to any place of bad repute, house of ill fame, or assig­
nation house, or any place of questionable character.
Sec. 6701. False notices, etc.— No such licensed agency shall publish or cause to
be published any false or fraudulent notice or advertisement, or give any false
information or make any false promise relating to work or employment to any one
who may register for employment; and no licensed agency shall make any false
entries in the register to be kept as hereinbefore provided.
Sec. 6702. Skipping workmen; disputes.— It shall be unlawful for any person
conducting any such employment agency to ship, or attempt to ship any number
of employees to any point within or without the State, without first advising said
applicants of the general conditions surrounding the employment for which said
employees are to be furnished, and fully explaining the absence or presence of any
labor dispute, strike, or lockout then existent, with reference to such employment.
Sec. 6703. Receipts.— In all cases where a fee is charged by such agency, a
receipt shall be given in which shall be stated the name of the applicant, the
amount of the fee charged, and the nature of employment sought, which informa­
tion shall be recorded in the register as hereinbefore provided.
Sec. 6704. Return of fees.— In case said applicant shall not obtain a situation

or employment through such licensed agency within 10 days after registration,
then said licensed agency shall forthwith repay or return to said applicant the full
amount of the fee paid or delivered by said applicant to said licensed agency.
Sec. 6705. Same.— Every licensed agency, as provided, which shall agree or
promise, or which shall advertise in the public press, or otherwise to furnish em­
ployment or situations to any person or persons, and in pursuance of such adver­
tisement, agreement, or promise shall receive any money, personal property, or
other valuable consideration, and who shall fail to procure for such person or per­
sons the situation or employment applied for, within the time provided, shall
return to such person such money, personal property, or other valuable considera­
tion as provided for in the preceding section.
Sec. 6706. Violations.— Any person, or any members of a firm or copartnership,
or any officers or employees of any corporation who violate any of the foregoing
provisions of this chapter shall be guilty of a misdemeanor, and punished by a
fine of not less than $25 nor more than $50, or by imprisonment in the county jail
for not less than 10 days nor more than three months, or by both fine and impris­
onment in the discretion of the court. In addition to the above imprisonment the
license granted to such person shall be revoked, and no subsequent license shall be
granted to such person for a period of three months thereafter.
Sec. 6707. Reports, etc.— Any person who has an established employment
agency as described in this chapter, shall report or cause to be reported at least
four times per annum, or once a month if requested by the department of labor,
said report to designate the number of applicants for employment, the sex of each,
the disposition of the application, as to whether a position was secured by and
through the source of said agency, and in the absence of securing a position applied
for, a report as to whether the fee, if any, charged has been returned to said
applicant.
Sec. 6708. Fines.— Any person who shall open or attempt to open, operate,

maintain, or conduct an employment agency, without procuring such license there­
for, shall be guilty of a misdemeanor and fined not less than $100 nor more than
$250.
Sec. 6709. Distribution of fines.— One-half of any fines assessed and collected
under the provisions of this chapter shall be paid to the county court clerk in the
county where the offense is committed as county revenue and the remaining half
paid by him to the State treasurer as other State revenue.




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131

TEXAS

R e v i s e d c r i m i n a l s t a t u t e s , 1925
T itle 18
C hapter 7.— Employment agents
A rticle 1584. Definitions.—As used in this chapter:

1. “ Employment agent” means every person, firm, partnership or association
of persons engaged in the business of assisting employers to secure employees, and
persons to secure employment, or of collecting information regarding employers
seeking employees, and persons seeking employment.
2. “ Employment office” means every place or office where the business of
giving intelligence or information where employment or help may be obtained, or
where the business of an employment agent is carried on.
A rt . 1585. Exceptions.— The provisions of this chapter shall not apply to agents
who charge a fee of not more than two dollars for registration only for procuring
employment for school teachers; nor to any department or bureau maintained by
this State, the United States Government, or any municipal government of this
State, nor to any person, firm, partnership, association of persons or corporation or
any officer or employee thereof engaged in obtaining or soliciting help for him, them
or it when no fees are charged, directly or indirectly, the applicant for help or the
applicant for employment; nor to farmers and stockraisers acting jointly or sever­
ally in securing laborers for their own use where no fee is collected or charged
directly or indirectly, nor to any association or corporation chartered under the
laws of Texas conducting a free employment bureau or agency.
A rt . 1586. Operating without license.— Whoever engages in the business of an
employment agent or conducts an employment office, without first procuring a
license therefor, as required by law, shall be fined not less than $50 nor more than
$250, or be imprisoned in jail not to exceed one year, or both. Each day such
person shall engage in such business or shall conduct an employment office with­
out first procuring such license shall be a separate offense.
A rt . 1587. Records to be kept.— Every licensed employment agent shall keep
and maintain an office at which a complete record of the business transacted shall
be kept; he shall keep a substantially bound book in the form prescribed by the
commissioner of the bureau of labor statistics of this State in which shall be entered
the age, sex, nativity, trade or occupation, name and address of each person who
makes application for employment, or for help, to such employment agent, and
where and to whom such person was directed to go by such agent for employment.
Such employment agent shall also enter and keep in a well bound book the name
and address of every person, firm, corporation or association of persons who shall
make application to him for assistance in securing employees, together with the
number and kind of employees desired, the amount of wages or salary to be paid
and the place where such employees are to work, and the date of the application
and when received.
A rt . 1588. Prohibited acts.— No employment agent shall:
1. Knowingly admit, or allow to remain on the premises of such agent any
prostitute, gambler, intoxicated person or any person of bad character.
2. Advertise his agency by means of cards, circulars, sign or in newspapers or
other publications, unless all such advertisements shall set forth the name of the
agent and the address of his employment office; nor shall any such licensed person
use any letterheads or blanks not containing the name of such employment agent
and the address of his employment office.
3. Publish or cause to be published any false or misleading advertisement or
notice relating to his employment agency.
4. Give any false information or make any false representation concerning
employment to any applicant for employment.
5. Send out an applicant for employment to any prospective employer without
first having obtained a bona fide written order from such prospective employer.
6. Furnish any female for immoral purposes; or send, or cause to be sent any
female to enter as servant, inmate, or for any purpose whatsoever, any place of bad
repute, house of ill fame, or assignation house, or any house or place of amusement
kept for immoral purposes, the character of which such employment agent could
have ascertained by reasonable diligence.
7. Furnish employment to any child in violation of the statutes regulating the
employment of children or the compulsory attendance at school.




132

TEX T OF THE LAWS

8.
Divide or offer to divide, directly or indirectly, any fee charged or received
with any person who secures help through such agent, or to whom help is referred
by such agent.
A rt . 1589. Fees.— Where a fee is charged for obtaining employment, such fee in
no event shall exceed the sum of $3, which may be collected from the applicant
only after employment has been obtained and accepted by the applicant. Em­
ployment agents engaged exclusively in providing employment for skilled, profes­
sional or clerical positions may charge, with the written consent of the applicant, a
fee, not to exceed 20 per cent of the first month’s salary.
A rt . 1590. Fraud.— No employer seeking employees, and no person seeking
employment, shall knowingly make any false statement or conceal any material
facts for the purpose of obtaining employees, or employment, by or through
any employment agent.
A rt . 1591. Posting of license.—Every employment agent shall keep conspic­
uously posted in his office the license issued to him under the law, two copies of
this act, one printed in English and the other in Spanish in type not smaller than
10 points, which copies shall be conspicuously placed so that they may be easily
read by the public.
A rt . 1592. Violations.— Whoever violates any provisions of the five preceding
articles of this chapter shall be fined not less than $25 nor more than $200.
Art. 1593. Same, inducing employee to quit.— Any employment agent who shall
induce or attempt to induce any person to leave his or her employer with a view
to having said person obtain employment through his agency shall be fined not
less than $50 nor more than $250, or be imprisoned in jail not to cxceed one year,
or both.
REVISED CIVIL STATUTES, 1925
T itle 83
Chapter 13.— Employment agents
A rticle 5208. Definitions.— The term “ employment agent” means every
person, firm, partnership or association of persons engaged in the business of
assisting employers to secure employees, and persons to secure employment, or
of collecting information regarding employers seeking employees, and persons
seeking employment. The term “ employment office” means every place or
office where the business of giving intelligence or information where employment
or help may be obtained or where the business of an employment agent is carried
on. The term “ commissioner” means the commissioner of labor statistics of
the State of Texas. The term “ deputy or inspector” means any person who
shall be duly authorized by the commissioner to act in that capacity.
A rt . 5209. Exceptions.— The provisions of this chapter shall not apply to
agents who charge a fee of not more than $2 for registration only for procuring
employment for school teachers; nor to any department or bureau maintained
by this State, the United States Government, or any municipal government of
this State, nor to any person, firm, partnership, associations of persons or corpo­
ration or any officer, or employee thereof engaged in obtaining or soliciting help
from him, them or it when no fees are charged directly or indirectly the applicant
.for help or the applicant for employment, nor to farmers and stock raisers acting
jointly or severally in securing laborers for their own use where no fee is collected
or charged directly or indirectly, nor to any association or corporation chartered
under the laws of Texas conducting a free employment bureau or agency.
A rt . 5210. Applications.— Applications and bond for private employment
agency license shall be executed on blank forms prescribed and furnished by the
commissioner. Application for license to act as employment agent may be
made in person or by mail to the commissioner upon blank application form which
shall be verified by the applicant. Where the application is made by a firm,
partnership or association of persons, it must be verified by each person for whose
benefit the application is made, and such application shall also be accompanied
by affidavits of at least five credible citizens, who have resided in the county in
which such applicant desires to conduct the business of an employment agent,
for at least three years, to the effect that the applicant or applicants has or have
resided within the county in which such person or persons desires to become an
employment agent for at least one year prior to the date of the application, and
that such person or persons are of good moral character. The commissioner may
require additional evidence of the moral character of applicants; and no license
shall be granted to any person except he be of good moral character. Such appli­




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133

cation shall be examined by the commissioner, and if he finds that the same com­
plies with the law and that the applicant is entitled to a license, then he shall
issue a license to the applicant for each county for which application is made and
shall deliver such license to the applicant upon the payment of a license fee of
$150 for each county in which an employment office is to be maintained by said
agent, and upon the presentation to and approval by the commissioner of a good
and sufficient bond executed by the applicant with good and sufficient surety in
the penal sum of $5,000, payable to the State of Texas, for each county where
employment office is to be maintained; said bond shall be conditioned that the
obligor will not violate any of the duties, terms, conditions and requirements of
this law, and that the principal, his agents or representatives, will not make any
false representation or statement to any person soliciting any assistance from
him for help or employment. Said bond shall further recite that any person
injured or aggrieved by any false or fraudulent statement of such agent, or any
violation of the provisions thereof by such agent, shall be entitled to bring suit
thereon. Not more than one office shall be operated under any one license. Each
license issued by the commissioner shall be for a period of one year.
A rt . 5211. Suits.—Any person injured or aggrieved by any action, conduct,
false representation or false statement of any such employment agent may bring
suit for damages against such agent on said bond in any county where such action,
conduct, false representation or false statement was made in any court of compe­
tent jurisdiction, without the necessity of making the State a party thereto;
where the bond has become impaired by recoveries thereon to the extent of 50 per
cent of the penal sum named therein, the commissioner may, by a notice in writing,
demand the execution of a new bond which, if not executed and submitted to the
commissioner within 20 days, for his approval, such failure to execute a new bond
shall ipso facto forfeit and cancel the license issued to the principal named in said
bond.
A rt . 5212. Canceling licenses.—The commissioner shall have the authority,
and it shall be his duty, to cancel the license of any employment agent when it
shall appear to his satisfaction, upon hearing, that such agent has been convicted
in a State or Federal court of an offense which under the laws of this State is a
felony, or for any offense involving moral turpitude, or that the agent had ob­
tained his license illegally or fraudulently or was guilty of fraud, false swearing,
or deception in securing his license, or has violated any provision of this chapter.
The commissioner shall not cancel the license of any employment agent until
complaint in writing made by a credible person, shall be filed with him, spec­
ifying in general terms the grounds of the proposed cancellation, and a full
and fair hearing given to him thereon. Upon the filing of such complaint, the
commissioner shall fix a time and place, reasonably accessible to the employment
agent complained against, for the hearing of said complaint. The commissioner
shall'notify the agent so complained against of the time and place fixed for said
hearing by a registered letter addressed to him at his post-office address as the
same appears upon his application for license, accompanied by an exact copy of
the complaint against him; and mailing of such notice and copy shall be sufficient
and conclusive evidence of proper service of the procedure upon the agent so
complained against. The employment agent so complained against shall have at
least 10 days after the date of said notice mailed, exclusive of the day of mailing
and day of hearing, before hearing upon said complaint shall be had, and shall
have the right to file answer, introduce evidence and to be heard both in person
and by counsel.
The commissioner shall have the power to summon and compel the attendance
of witnesses before him to testify in relation to any such complaint, and may re­
quire the production of any book, paper or document deemed pertinent thereto.
Said commissioner shall also have the power to provide for the taking of deposi­
tions of witnesses and evidence may be heard either from witnesses present testi­
fying orally, or by deposition taken under such rules, and in such fair and impar­
tial manner as the commissioner may prescribe. Said hearing shall be had before
the commissioner and shall be conducted in a fair and orderly manner, and in
accordance with rules of procedure to be adopted by the commissioner. At the
conclusion of the hearing the commissioner shall enter his findings and judgment
in writing and the same shall be recorded by him in a permanent record to be kept
by him, and a copy thereof furnished to the employment agent complained
against. Any employment agent whose license shall be canceled by the commis­
sioner may, within 30 days after the cancellation thereof, and not thereafter,
have his right of action for reinstatement against the commissioner in the district
court of Travis County. If the agent whose license has been canceled by the




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commissioner shall, within 10 days after receiving information of such cancella­
tion, give notice to the commissioner in writing of his intention to file such suit,
the action of the commissioner in canceling the said license shall be suspended for
a period of 30 days, but unless such suit shall be filed within said time, the action
of the commissioner shall be final. If suit shall be filed against the commissioner
to reinstate said license within said time, the action of the commissioner shall
remain suspended until the validity of the license in question shall be adjusted by
the court in said suit. In such suits the burden shall be upon the employment
agent to show good cause for reinstatement of his license.
A rt. 5213. Records.— All the books, correspondence, memoranda, papers and
records of every kind and character incident to the business of an employment
agent of each agent licensed under this chapter shall be subject to examination
at any time by the commissioner, his deputies, or inspectors, and the refusal of
any agent to permit the commissioner, his deputies, or inspectors, to inspect such
correspondence, memoranda, papers and records at any time shall be sufficient
grounds for the commissioner to cancel the license of such agent in accordance
with the provisions of the fifth article of this chapter.
A rt . 5214. False advertisements, etc.— No employment agent shall publish or

cause to be published any false or misleading advertisements or notice relating
to his employment agency; nor shall any such employment agent advertise his
agency by means of cards, circulars, signs or in newspapers or other publications,
unless such advertisements shall set forth the name of the agent and the address
of his employment office; nor shall any such licensed person use any letterheads
or blanks not containing the name of such employment agent and the address of
his employment office.
A rt . 5215. Fees.— Where a fee is charged for obtaining employment, such fee
in no event shall exceed the sum of $3, which may be collected from the applicant
only after employment has been obtained and accepted by the applicant: Provided,
however, Employment agents engaged exclusively in providing employment for
skilled, professional or clerical positions may charge, with the written consent of
the applicant, a fee, not to exceed 20 per cent of the first month’s salary.
A rt . 5216. Receipts.— A receipt shall be given to the applicant by the employ­
ment agent for all fees collected from such applicant. The form of such receipt
shall be prescribed by the commissioner and shall contain the name of the appli­
cant, the amount of the fee paid, the date, the character of the work or the situa­
tion secured, the name of the employer, together with his post-office address and
the location of the work the applicant is to perform.
A rt . 5217. Immoral, etc., resorts.— No employment agent shall furnish any
female for immoral purposes; or send, or cause to be sent any female to enter as
servant, inmate, or for any purpose whatsoever, any place of bad repute, house of
ill fame, or assignation house, or any house or place of amusement kept for im­
moral purposes, the character of which such employment agent could *have
ascertained by reasonable diligence.
A rt . 5218. License.— Any application made by an employment agent for a

license, or a certified copy thereof under the hand and seal of the commissioner,
shall be received as evidence in any court in this State without the necessity of
proving the execution thereof.
A rt . 5219. Violations.— The commissioner and his deputies, or inspectors shall
have the authority of peace officers only in making arrests of any person or per­
sons, who violate, in their presence, any provision of this chapter for which a
penalty is prescribed, and when such arrest has been made the commissioner or his
duly appointed deputies or inspectors, may enter any employment office at any
time when such employment office is open for business, and inspect the registers
and all other records of whatsoever kind and character of such employment agent
for the purpose of ascertaining whether the provisions of this law are being vio­
lated, and the refusal of any employment agent to permit such inspection shall be
sufficient reason for the commissioner to cancel the license of such agent in
accordance with the provisions of article 5212.
A rt . 5220. Injunction.— Any person who shall engage in the business of an
employment agent, or who shall conduct an employment office, without first pro­
curing a license as required and provided for in this chapter may be enjoined from
unlawfully pursuing such business or occupation, and the attorney general shall
bring suit for such purpose in the name of the State of Texas in Travis County,
and the district or county attorney of any county wherein such person engages in
such business or conducts an employment office in violation of the preceding
article is hereby authorized to maintain in the proper court of said county a suit in
the name of the State of Texas to enjoin and prevent such person from unlawfully




PRIVATE EMPLOYMENT AGENCIES

135

pursuing such occupation. In all such cases it shall not be necessary for the
attorney bringing the suit to verify the pleadings or for the State to execute any
bond as a condition precedent to the issuing of any injunction or restraining
order hereunder.
A rt . 5221. Notice of strikes, etc.— No employment agency shall send any person
to a prospective employer who is conducting a “ lockout” against all or part of his
employees; or whose employees, or a part of them are out on a strike, without
first apprising said person of the existence of said “ lockout” or strike.

UTAH
COMPILED LAWS, 1917
Private employment offices
Section 2440 (as amended 1921, ch. 48). License.— It shall be unlawful for any

person, persons, firm, corporation, or association to open and establish in any
city, town, or elsewhere within the limits of the State of Utah, any intelligence or
employment office, for the purpose of procuring or obtaining for money or other
valuable consideration, either directly or indirectly, any work, employment, or
occupation for persons seeking the same, or to otherwise engage in the business, or
in any way to act as broker or go-between between employers and persons seeking
work, without first having obtained a license so to do from the city, town, or, if not
within any city or town, from the county where such intelligence or employment
office is to be opened or such business is to be carried on. Any person, persons,
firm, corporation, or association performing any of the foregoing enumerated serv­
ices as aforesaid, shall be deemed to be an employment agent within the meaning
of this chapter: Provided, however, That the provisions of section 2449 shall not
apply to any person, persons, firm, corporation, or association operating agencies
for school teachers, but it shall be a misdemeanor for any school teacher's employ­
ment agency to receive as commission for information or assistance such as is
described herein, any consideration which is in value in excess of 5 per cent of the
amount of the first year's salary of the person to whom such information is
furnished.
Sec. 2441. Duty of cities, etc.— Every city, town or county in this State shall,
by ordinance, provide for the issuing of licenses as contemplated by this chapter,
and shall establish such rules and regulations as are not herein provided for the
carrying on of the business or occupation for which such license may be issued.
Sec. 2442. Application made.— Any person, persons, firm, corporation or associ­

ation applying for a license under the provisions of this chapter shall make
application to the city council, or board of trustees, or board or county commis­
sioners for the same, and shall deposit with the city, town, or county treasurer, in
advance, the annual fee for such license, to be evidenced by the receipt of the
city, town, or county treasurer endorsed on said application. If the city council,
board of trustees, or board of county commissioners refuses to order the issuance
of such license to the party or parties applying for the same, the sum so deposited
with the city, town, or county treasurer shall be refunded to the applicant or
applicants for license without any further action of the city council, board of
trustees, or board of county commissioners.
Sec. 2443. Fee, bond.—Any person, persons, firm, corporation, or association
licensed under the provisions of this chapter shall pay an annual license fee in
such amount as may be determined by the city council, board of trustees, or
board of county commissioners, and before such license shall be issued shall deposit
with the city, town, or county treasurer a bond in the penal sum of $1,000 with
two or more sureties, to be approved by the officers designated by ordinance;
such bonds shall be made payable to the city, town, or county where such business
is to be carried on, and shall be conditioned that the person, persons, firm, corpo­
ration, or association applying for the license will comply with this chapter, and
shall pay all damages occasioned to any person by reason of any misstatement, or
misrepresentation, or fraud, or deceit of any person or persons, their agents or
employees, or from any other violation of this chapter, in carrying on the business
for which license is granted. If at any time, in the opinion of the officers desig­
nated by ordinance to approve said bond as provided herein, the sureties, or any of
them, shall become irresponsible, the person, firm, corporation, or association
holding such license shall, upon notice from the city, or town treasurer, give a new
bond, to be approved as hereinafter provided. Failure to give a new bond within
JO days after such notice shall operate as a revocation of such license, and the




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T E X T OP THE LAWS

license shall be immediately returned to the city, town, or county treasurer, who
shall destroy the same. Licenses granted under this chapter may be transferred
by order of the city council, board of trustees, or board of county commissioners,
but before such transfer shall be authorized, the applicant or applicants for the
same shall deposit with the city, town, or county treasurer the sum of $5, which
shall be indorsed upon the application, and the person, persons, firm, corporation,
or association to whom such license is transferred shall also deposit such bond as is
required by the applicant or applicants for an original license, as hereinbefore
prescribed, and to be approved in the same manner.
Sec . 2444. Posting of licenses.— Upon the granting of a license by the city
council, board of trustees, or board of county commissioners, under this chapter,
the city, town, or county treasurer shall, within one week after payment of the
license fee, issue to the applicant or applicants entitled to the same a certificate
of license, setting forth the fact that such license has been granted, and it shall be
the duty of all persons, firms, corporations, or associations, who may obtain such
certificate of license, to keep the same publicly exposed to view in a conspicuous
place in their office or place of business.
Sec. 2445. Immoral resorts.—Any employment agent who shall knowingly

send out any female help to any place of bad repute, house of ill fame, or assigna­
tion house, or to any house or place of amusement kept for immoral purposes,
shall be liable to pay a fine of not less than $100 and shall be imprisoned not less
than 90 days and, on conviction thereof in any court, shall have his, or their
licenses rescinded.
Sec. 2446. Orders.— Any employment agent who shall send out any help, male
or female, without having previously obtained a bona fide order, shall, upon
conviction thereof, for each and every offense be subject to the penalties provided
in section 2455.
Sec. 2447. Advance fees.— It shall be unlawful for any employment agent in
the State of Utah to receive, directly or indirectly, any money or other valuable
consideration from any person seeking employment, for any information or
assistance furnished or to be furnished by said agent to such person, enabling or
tending to enable said person to secure such employment prior to the time at
which said information or assistance is actually thus furnished.
Sec. 2448. Repayment.— It shall be unlawful for an employment agent in the
State of Utah to retain, directly or indirectly, any money or other valuable con­
sideration received for any information or assistance such as is described in section
2440, if the person for whom such information or assistance is furnished fails,
through no neglect or laches of his own, to secure the employment regarding
which such information or assistance is furnished; and said money or consideration
shall be by said agent forthwith returned to the payer of the same, upon demand
therefor by the latter or his agent.
Sec. 2449. Amount of fee.—It shall be unlawful for any employment agent in
the State of Utah to receive as commission, directly or indirectly, for information
or assistance such as is described in section 2440, any money or other consideration
which is in value in excess of 8 per cent of the amount earned, or prospectively
to be earned, by the person to whom such information is furnished, through the
medium of the employment regarding which such information or assistance is
given, during the first month of such employment: Provided, That said value of
said commission shall not be in excess of 8 per cent of the amount actually [or] pro­
spectively to be earned in such employment when it is mutually understood by
the agent and person in this section mentioned, at the time when said information
or assistance is furnished, that said employment is to be for a period of less than
one month.
Sec. 2450. Employers9 register.— Each employment agent duly licensed under
this chapter shall enter upon a register to be kept for that purpose, and to be
known as an “ employers ’ register” every order received from any corporation,
company, or individual desiring the service of any persons seeking work or
employment, the name and address of the corporation, company, or individual
for whom such order was received, the number of persons wanted, the nature of
the work or employment, the town or city, street and number, if any, where such
work or employment is to be furnished, and the wages to be paid.
Sec. 2451. Applicants* register.— Each employment agent in the State of Utah

shall keep a register, to be known as “ labor applicants’ register,” which shall
show the name of each person to whom information or assistance is furnished,




PRIVATE EMPLOYMENT AGENCIES

137

and as is described in section 2440; and the amount of the commission received
in each such case therefor; the name of each person, who, having received and
paid for, as herein contemplated, information or assistance such as is described in
section 2440, fails to secure the employment regarding which such information or
assistance is furnished together with the reason why said employment was not
by said person secured, and the name of each person to whom return is made, in
accordance with the provisions of section 2448, of any money or other considera­
tion such as is in said section named, together with the amount of said money, or
the value of said consideration, thus returned. The registers required by section
2450 and by this section shall be open at all reasonable hours to the inspection of
any peace official of any municipality or county in this State.
Sec . 2452. Receipts.—Every person securing information or intelligence from
an employment agent in reference to hiring or engagement to work for others, as
provided in section 2440, shall be furnished a written copy in duplicate of the
terms of such hire or engagement by said employment agent, showing amount of
commissions or fees paid such employment agent, kind of service to be performed,
rate of wages or compensation, length of time, if definite and if indefinite it should
be so stated, of such service, with full name and address of the person or persons,
firm or corporation authorizing the hire of such person; one of the aforesaid copies
to be delivered to the person or persons, firm or corporation for whom the labor
is to be performed, and the other to be retained by the person furnished with
information or intelligence, as aforesaid; and the agent issuing the above de­
scribed, written copy of the conditions of service or employment shall make and
keep in a book provided for the purpose a third copy of the same; and any
person engaged in the business of keeping an employment office, such as is con­
templated by this chapter, who shall fail to observe the provisions of this section
shall be subject to the penalties provided in section 2455: Provided, That it shall
be lawful to keep the register required by section 2451, and the receipt required
by this section, in the same book and on one and the same form, if desired.
Sec. 2453. Splitting fees.— Any employment agent sending o u t.help to con­
tractors or other employers of help, and dividing the fees herein allowed with
subcontractors and employers of help, or their foreman or any one in their employ,
shall be subject to the penalties provided in section 2455.
Sec. 2454. Unlawful place.— It shall be unlawful for any employment agent in
the State of Utah to conduct the business of an employment or intelligence office
in, or in connection with, any place where intoxicating liquors are sold or dispensed.
Sec . 2455. False information— penalties.— If any person, persons, firm, corpo­
ration, or association, or his, its, or their agent or employees engage in the business
of employment or intelligence agent or broker, duly licensed, as provided in this
chapter, shall give any false information or shall make any misstatement, or shall
make any false promises concerning any work or employment or occupation, or
shall fail to keep the registers as are prescribed in sections 2450, 2451, or shall
willfully make any false entries in such register, or shall violate any other provi­
sions of this chapter, for which violation penalties are not hereinbefore provided,
he shall upon conviction thereof, for each and every offense, be fined in any sum
not exceeding $100, and, in the discretion of the trial judge, the license under
which such person, persons, firm, corporation or association has or have been per­
mitted to conduct the business of any employment or intelligence office, shall be
forfeited.
Sec. 2456. Suits.—All claims or suits brought in any court against any employ­

ment or intelligence agent may be brought in the name of the party injured upon
the bond deposited with the city, town, or county treasurer by said employment
or intelligence agent, as providea in section 2443, and may be transferred as other
claims for damage in civil suits. The amount of damages claimed by the plaintiff,
not the penalty named in the bond, shall be the test of the jurisdiction of the court
in which the action is brought.
Sec. 2457. Exceptions.— Nothing herein shall be construed so as to require any
religious or charitable association which may assist in procuring situations or em­
ployment for persons seeking the same to obtain a license so to do under the pro­
visions of this chapter.
Sec. 2458. Posting.—The keeper of an employment or intelligence office shall
cause two copies of sections 2446-2449 inclusive and sections 2452-2455 inclusive,
printed in type of sufficient size to be legible and easily read, to be conspicuously
posted in each room used or occupied for the purpose of such employment or
intelligence office.




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T E X T OP THE LAWS

VIRGINIA

CODE OF 1919
C hapter 74.— Bureau of labor and industrial statistics
Section 1803. Private employment offices; registers; fees.— Every person, firm

or corporation who shall agree or promise, or who shall advertise through the press
or by letter, to furnish employment or situations to any person or persons shall
keep a register in a substantial book, in the form prescribed by the commissioner
of labor, in which shall be entered the age, sex, nativity, trade or occupation, name
and address of every applicant. Such licensed agency shall also enter in a reg­
ister the name and address of every person who shall make application for help or
servants, and the name and nature of employment for which such help shall be
wanted. Such registers shall, at all reasonable hours be open to the inspection
and examination of the commissioner of labor or his deputies or inspectors.
Where a registration fee is charged for filing or receiving application for or ob­
taining employment or help, said fee shall in no case exceed the sum of $3, for
which a receipt shall be given in which shall be stated the name of the applicant,
the amount of the fee, the date, the name or character of the work or the situation
to be secured. In case the said applicant shall not obtain a situation or employ­
ment through such licensed agency within 30 days after registration aforesaid,
then said licensed agency shall forthwith repay and return to such applicant, upon
demand being made therefor, the full amount of the fee paid or delivered by said
applicant to said licensed agency. Such licensee shall not send out an applicant
for any employment within the provisions of this section, without having first
obtained a bona fide order therefor in writing, stating the terms and conditions of
employment.
Sec. 1804. Immoral resorts.— No agency shall send or cause to be sent any fe­
male help or servants to any place of bad repute, house of ill fame or assignation
house, or to any house or place kept for immoral purposes, or to any person for
immoral purposes. No such licensed agency shall publish or cause to be pub­
lished any false information or make any false promises concerning or relating to
work or employment to any one who shall register for employment, and no such
licensed agency shall make any false entries in the register to be kept as herein
provided, and all entries in such register shall be made in ink. Any licensed per­
son or agency shall not by himself or itself, agent, or otherwise, induce or attempt
to induce any employee to leave his employment with a view of obtaining other
employment through such agency.
Sec. 1805. Splitting fees.— It shall be unlawful for any person, firm or corpo­
ration, or any person employed or authorized by such person, firm or corporation,
to hire or discharge employees, to receive any part of any fee or any percentage of
wages or any compensation of any kind whatever, that is agreed upon to be paid
by any employee of said person, firm or corporation for any employment with
said person, firm or corporation.
Sec. 1806. Enforcement.—It shall be the duty of the commissioner of labor to
enforce the three preceding sections, and, when informed of any violation thereof,
it shall be his duty to institute criminal proceedings for enforcement of their pen­
alties before any court of competent jurisdiction. He may make such rules and
regulations for their enforcement not inconsistent with their provisions, as he may
deem proper. Any person convicted of a violation of any of the provisions of
said sections shall be guilty of a misdemeanor and upon conviction in any court of
competent jurisdiction shall be fined not less than $10 nor more than $200 for each
offense; but any such bureau or agency who shall knowingly send any female help
or servants to any place of bad repute, house of ill fame or assignation house or to
any house or place kept for immoral purposes, or to any person for immoral pur­
poses, shall be deemed guilty of a felony, and upon conviction in any court of
competent jurisdiction shall be punished by a fine of not less than $100 nor more
than $1,000 or by imprisonment in the penitentiary not less than 1 year nor more
than 10 years, or by both such fine and imprisonment.
WASHINGTON

REMINGTON'S REVISED STATUTES, 1932
Employment offices— False representations
Section 2624. Making false statements.— Every employment agent or broker

who, with intent to influence the action of any person thereby, shall misstate or
misrepresent verbally, or in any writing or advertisement, any material matter



PRIVATE EMPLOYMENT AGENCIES

139

relating to the demand for labor, the conditions under which any labor or service
is to be performed, the duration thereof or the wages to be paid therefor, shall be
guilty of a misdemeanor.

[There is no State department which has jurisdiction over the various cities’
public and private employment bureaus.]
[The law prohibiting the collection of fees for securing employment was repealed
by chapter 71, acts of 1927, as a result of the case of Adams et al. v. Tanner, 244
U. S. 590. (See secs. 7600-7602, Remington’s Rev. Stats., 1932.)]
WEST VIRGINIA
CODE OF 1931
C hapter 21.—Labor
A rticle 2.— P rivate E mployment A gencies
Section 4. Definition.— The term “ employment agent” shall mean and include
all persons, firms, corporations, or associations excepting municipal corporations,
church and charitable associations which furnish to persons seeking employment,
information enabling or tending to enable such persons to secure the same, or
which furnish to employers seeking laborers or help of any kind, information ena­
bling or tending to enable such employers to secure such help, or shall keep a reg­
ister of persons seeking employment or help as aforesaid, whether such agents
conduct their operations in a fixed place of business, on the streets, or as transients,
and also whether such operations constitute the principal business of such agents
or only as a side line or incidental to other business.
Sec . 5. Rules and regulations.— The commissioner of labor shall prescribe such
rules and regulations as may be necessary for the supervision of employment
agents.
Sec. 6. Fraudulent statements.— No employment agent or any employee or agent
thereof, shall make any false statement to any person seeking employment, know­
ing the same to be false, in regard to any employment, work or situation, its nature,
location, duration, wages or salary attached thereto, or the circumstances sur­
rounding such employment, work or situation. No employment agent shall
falsely or fraudulently offer or represent himself as in a position to secure or
furnish employment without having an order therefor from an employer; and no
employment agent shall misrepresent any other material matter in connection
with any employment, work or situation he may offer or represent himself in a
position to secure, nor shall he withhold any information furnished by the em­
ployer concerning any work.
Sec. 7. License.— No employment agent shall engage in the business for profit

or receive any fee, charge commission or other compensation, directly or indirectly,
for services as employment agent, without first having obtained a license therefor
from the State tax commissioner. Such license shall not be issued until the com­
missioner of labor shall have approved in writing the application therefor and when
issued such license shall constitute a license from the State to operate as an em­
ployment agent for compensation and shall not be transferable. Such license
shall at all times be kept posted in a conspicuous place at the place of business of
such employment agent. Every employment agent shall pay the annual license
tax provided for in article 12, chapter 11 of this code. [See p. 140.]
Sec . 8. Issuance of.— License to operate as an employment agent shall be issued
pnly to citizens of the United States.
Sec. 9. Refusal.— The State tax commissioner shall refuse to issue a license, if
upon investigation, he finds that the applicant is unfit to engage in the business
or has had a license previously revoked, or that the business is to be conducted on
or immediately adjoining what is considered by him to be unsuitable premises, or
that any other good reason exists within the meaning of the law.
Sec . 10. Revocation.— The State tax commissioner may revoke any license is­
sued under the provisions of this article, with or without hearing, and may order
such license to be returned for cancellation if the employment agent has violated
any of the provisions of this article or the rules and regulations issued thereunder
or if any cause appears for which a license might have been refused or if the com­
missioner of labor shall in writing report to the tax commissioner any such viola­
tion or cause.
Sec. 11. Records kept.— A record of all persons directed to employment shall be
kept by every employment agent; such records shall set forth the name, age,




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TEX T OF THE LAWS

nationality, and material state of each applicant, and also the name of the em­
ployer, kind of work, and pay. A copy of this record for each month shall be
sent to the commissioner of labor on or before the tenth day of the month im­
mediately succeeding the month covered by such record. Every employment
agent shall file with the commissioner of labor a copy of the schedule of all fees
and such other notices or information as the commissioner may require and in
such form and manner as he may prescribe.
Sec. 12. Inspection.— For the purpose of enforcing this article and the rules and
regulations issued thereunder, the commissioner of labor or his duly authorized
agent may at any time enter any employment office or place of business of an
employment agent or any premises occupied as an employment office and may
inspect the registers, cards, or other records of such employment agent.
S e c . 13. Child labor.— No employment agent shall furnish employment to any
child in violation of the law regulating the labor of children or their compulsory
attendance at school.
Sec. 14. Violations.— Any employment agent as defined in this article carrying
on the business of an employment agency without first fully complying with the
provisions thereof, shall be deemed guilty of a misdemeanor, and shall, upon
conviction thereof, be fined not less than $100 nor more than $500 for each offense
or the person, or any member of a firm, or the officer or agent of any corporation,
so acting as employment agent, may be imprisoned not less than 30 days nor
more than 6 months, or both at the discretion of the court; and any such employ­
ment agent violating any other provision of this article or any rule or regulation
prescribed by the commissioner of labor pursuant to the provisions of this article
shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not
less than $50 nor more than $200, or the person or any member of a firm or the
officer or agent of any corporation so violating, may be imprisoned for not more
than 30 days or both fined and imprisoned. A justice of the peace shall have
concurrent jurisdiction with the circuit court and other courts having criminal
jurisdiction for the trial of offenses under this article.
Sec. 15. Exceptions.— Nothing contained in this article shall apply to nor

prevent or interfere with, any person, firm, corporation or association employing
labor for his, their, or its business carried on in this State.
C hapter 11, A rticle 12.— License taxes
Section 53. [This section requires a license tax as follows:] * * * On
every license to conduct a business of a labor or employment agency to receive
applications and hire laborers for employment within this State, $200; on every
license to conduct a business of a labor or employment agency to hire or contract
with laborers for employment without this State or arrange for the transportation
of such laborers to points without the State for employment in another State,
$5,000. Any municipality within the State shall be and is hereby empowered to
impose a similar tax on any such labor or employment agency, to limit the number
of labor agencies to operate in such municipalities, but in no event shall the num­
ber of such labor agencies be restricted to fewer than three in any city, town or
village.
WISCONSIN

STATUTES, 1931
Private employment offices
Section 105.01. Scope.— The term “ employment agent” shall mean and in­

clude all persons, firms, corporations or associations which furnish to persons
seeking employment, information enabling or tending to enable such persons to
secure the same, or which furnish employers seeking laborers or other help of any
kind, information enabling or tending to enable such employers to secure such
help, or which keep a register of persons seeking employment or help as aforesaid,
whether such agents conduct their operations at a fixed place of business, on the
streets or as transients, and also whether such operations constitute the principal
business of such agents or only a side line or an incident to another business; but
this term shall not include any employer who procures help for himself only or an
employee of such an employer who procures help for him and does not act in a
similar capacity for any other employer.
Sec. 105.02. False statements, etc.— No person, firm, association or corporation,
or any employee or agent thereof, shall make any false statement to any person
furnishing or seeking employment, knowing the same to be false, in regard to any




PRIVATE EMPLOYMENT AGENCIES

141

employment, work or situation, its nature, location, duration, wages or salary
attached thereto, or the circumstances surrounding the said employment, work
or situation. No employment agent shall offer or hold himself out as in a position
to secure or furnish employment without having an order therefor from an em­
ployer; and no employment agent shall misrepresent any other material matter
in connection with any employment, work or situation he may offer or hold him­
self out in a position to secure.
Sec. 105.03. Same.— Every employment agent shall assure himself beyond a
reasonable doubt that any representations whatsoever, whether spoken, written
or advertised in printed form, which he makes with regard to any employment,
work or situation, and which leads or may lead persons to seek such employment,
work or situation, are true and cover all the material facts affecting the employ­
ment in question.
Sec. 105.04. Splitting fees.— No employment agent or any employee or agent
thereof, shall divide or offer to divide, or share directly or indirectly, any fee,
charge or compensation received from any applicant for employment, with any
employer, superintendent, manager, foreman, or any other person who hires help
or to whom help is furnished by an employment agent; and it shall be unlawful
for any employer, superintendent, manager, foreman, or any other person who
hires help to receive any compensation or any valuable consideration from any
applicant for employment or from any employment agent for giving employment
to said applicant or to any employees furnished by said employment agent.
Sec. 105.05. License.— No person, firm, corporation or association shall

engage in the business of an employment agent for profit, or receive any fee,
charge, commission or other compensation, directly or indirectly, for services as
an employment agent without first having obtained a license from the Industrial
Commission of Wisconsin and executing a bond as hereinafter provided. Said
license shall constitute a license from this State to operate as an employment
agent for compensation and shall not be transferable to any other person or
persons whatever, or inure to the benefit of any person other than the licensee.
Sec. 105.06. Bond.— Application for the foregoing license shall be made to the
industrial commission and shall be accompanied by a bond in due form to the
State of Wisconsin for the penal sum of $1,000 issued by a surety company
licensed to do business in this State to be approved by the industrial commission,
conditioned that the agent will conform to and not violate any of the duties,
terms, conditions or requirements of sections 105.01 to 105.15, inclusive, of the
statutes.
Sec. 105.07. Licenses.— (1) Each such license shall expire on June 30 next
following the date of issue and may be renewed annually. The fee for such
license or renewal shall be as follows: 1 per cent on the first $5,000 of the fees,
charges, commissions, or other compensation actually received during the life of
the license or renewal by an employment agent for service as such; three-fourths
of 1 per cent on the second $5,000 of such receipts; and one half of 1 per cent of
all such receipts in excess of $10,000: Provided, That in no event shall such fee
be less than $25 nor more than $150.
(2)
The minimum fee shall be paid before a license or renewal thereof is
issued. Each employment agent to whom a license has been issued under
this chapter shall file with the industrial commission within the first 10 days
of July in each year a verified statement showing the actual fees, charges, com­
mission, or other compensation received by him for services as such agent during
the preceding year and with such statement shall pay the balance, if any, of
such license fee due the State. Such fees shall be paid to the industrial commis­
sion and shall be paid by it into the general fund of the State treasury within
one week of receipt.
Sec. 105.08. Inspection, etc.— The industrial commission is vested with the
power and jurisdiction to have such supervision of every employment agent as
may be necessary adequately to enforce and administer all laws and lawful
orders designed to prevent fraud, misrepresentations, false statements, or other
unauthorized acts of such employment agent.
Sec. 105.09. Same.— Any commissioner or deputy of the commission may

enter any employment office or the place of business of any employment agent
for the purpose of collecting facts and statistics, examining the records or registers
kept by such employment agent, and bringing to the attention of such agent
any law or any order of the commission, or any failure on the part of such employ­
ment agent to comply therewith. No employment agent shall refuse to admit
any commissioner or deputy of the commission to his place of business.
Sec. 105.10 Same.— Any employment agent receiving from the commission
any blanks calling for information required by it to carry into effect the provisions

161109°—33----- 10



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TEX T OF THE LAWS

of sections 105.01 to 105.15, inclusive, of the statutes, with directions to fill the
same, shall cause the same to be properly filled out so as to answer fully and
correctly each question therein propounded, and in case he is unable to answer
any question, he shall give a good and sufficient reason for such failure, and said
answer shall be verified by two witnesses, and returned to the commission at its
office within the period fixed by the commission.
Sec. 105.11. Fees.— Every applicant for a license to engage in the business
of an employment agent shall file with the commission, within a time fixed by
the commission, a schedule of the fees or charges made by such employment
agent both to applicants for employment and for help for any services rendered to
such applicants, together with all rules or regulations that may in any manner
affect the fees charged or to be charged for any service. No license shall be
issued to such applicant unless such fees and such rules or regulations are reason­
able. Such fees and such rules or regulations may be changed only with the
approval of the industrial commission and when changed shall be filed with such
commission. It shall be unlawful for any employment agent to charge, demand,
collect or receive a greater compensation for any service performed by him than
is specified in the schedule filed with the commission, and no employment agent
shall charge a registration fee without permission from the industrial commission.
Sec. 105.12. Bureaus for women, etc.— (1) Every person managing or operating

any employment bureau for women, in this State, shall make and file in his office
application cards to be signed by any applicant for help, on which shall be stated
the business of the place to which an employee is to be furnished, the nature of
the work to be performed by the employee, and the wages to be paid.
(2) No such licensed person shall knowingly send or cause to be sent any
female help, servant, inmate, performer, or any other person to enter any ques­
tionable place of bad repute, house of ill fame or assignation house, or to any
place of amusement in which the immoral practices are permitted, or place
resorted to for the purpose of prostitution, or any gambling house, the character
of which such places the licensing person knows either directly or by reputation
or which he might obtain by reasonable effort.
(3) No such licensed person shall knowingly permit any questionable char­
acter, prostitute, gambler, intoxicated person or procurer to frequent such agency.
(4) Every such licensed person shall keep a permanent record and index with
names and post-office addresses of all persons placed in service by him, with refer­
ence to the facts contained in the application, which record shall be open to the
inspection of the officers of the law and the parent or guardian of such person.
Sec. 105.13. Refusing or revoking license.—It shall be the duty of the industrial
commission, and it shall have power, jurisdiction and authority to issue licenses
to employment agents, and to refuse to issue such license whenever, after due
investigation, the commission or a majority of the members thereof finds that the
character of the applicant makes him unfit to be an employment agent, or when
the premises for conducting the business of an employment agent, is found upon
investigation to be unfit for such use, or whenever upon investigation by the com­
mission, it is found and determined that the number of licensed employment
agents or that the employment agency operated by the United States, the State or
by the municipality or by two or more thereof jointly in the community in which
the applicant for a permit proposes to operate is sufficient to supply the needs of
employers and employees. Any such license granted by the commission may also
be revoked by it upon due notice to the holder of said license, and upon due cause
shown. Failure to comply with the duties, terms, conditions or provisions of
sections 105.01 to 105.15, inclusive of the statutes, or with any lawfur orders of
the commission, shall be deemed due cause to revoke such license.
Sec. 105.14. Regulations, reports, etc.—The commission shall have power juris­
diction and authority to fix and order such reasonable rules for the conduct of
the business of any employment agent as may be necessary adequately to carry
out sections 105.01 to 105.15, inclusive, of the statutes; to ascertain and fix
reasonable classifications of employments or positions and to fix a reasonable
scale of fees to be charged by said employment agent or agents for each such
classification under the restrictions contained in sections 105.01 to 105.15, inclu­
sive, of the statutes, and fix reasonable classifications of the business of employ­
ment agents, and to make its rules and orders conform to such classifications.
It may prescribe the form of books, registers or records to be kept by the employ­
ment agent, the receipts or copies of contracts to be handed to persons referred to
employment, the reports to be made to the commission, the refunds to be made
to applicants who failed to secure employment; and it may order any other
measures reasonably necessary to protect the public, or persons seeking employ­




PRIVATE EMPLOYMENT AGENCIES

143

ment, or employees seeking help, against fraud, misrepresentation, or any other
unauthorized act of any employment agent.
Sec. 105.15. Violations.— Such investigations, classifications and orders, and
any action, proceeding, or suit to set aside, vacate, or amend any such order of
said commission, or to enjoin the enforcement thereof, shall be made pursuant to
the proceeding in sections 101.01 to 101.28, inclusive, of the statutes, which are
hereby made a part hereof, so far as not inconsistent with the provisions of sec­
tions 105.01 to 101.15, inclusive, of the statutes, and every order of the said com­
mission shall have the same force and effect as the orders issued pursuant to said
sections 101.01 to 101.28, inclusive, of the statutes; and the penalties therein
shall apply to and be imposed for any violation of sections 105.01 to 105.11,
inclusive, 105.13 to 105.15, inclusive, of the statutes.
Sec . 105.16. Farm labor.—The clerk of every city, town and village, in which

there is no licensed or public employment agency as provided in section 105.05 of
the statutes, shall solicit, receive and record applications of persons seeking
employment on farms for any. period of time, and of persons desiring to employ
such labor, and every such employer shall pay to any such clerk, 25 cents for each
time he assists in furnishing such labor. The clerk of every city, town and village,
serving under the terms of this act, shall, on or before the first day of each month,
report all placements made by him to the industrial commission, to be by them
compiled as part of the general employment statistics of the State.
WYOMING
REVISED STATUTES, 1931
C hapter 65, A rticle 4.— Employment agencies
Section 65-401. License.— No person, firm, or corporation shall open, operate

or maintain in this State any employment office or agency for the purpose of
furnishing employers with persons seeking employment at manual labor or in
clerical, industrial, commercial or business pursuits, or for the purpose of securing
employment for such described persons, or where a fee, commission or other con­
sideration is charged or exacted or received from applicants either for employ­
ment or for help, without first obtaining a license for the same from the commis­
sioner of labor and statistics. The uniform fee for such license in cities of 5,000
inhabitants and over shall be $25 per annum, and, in cities containing less than
5,000 inhabitants, $10 per annum. Every license shall contain a designation of
the city, street and number of the building in which such office or agency is con­
ducted, and such license together with a copy of this article shall be posted in a
conspicuous place in each and every employment agency.
Sec. 65-402. Termination and cost of license.—All licenses issued after this
article takes effect shall terminate on the 31st day of December of each year, and
shall be paid for at the rate per year established in this article: Provided, how­
ever, That no license for any fractional part of the year shall be issued for any sum
less than one-third of the full annual rate, and that fractional months shall be
counted as full months in every case.
Sec. 65-403. Bond.—The commissioner of labor and statistics shall require
with each application for a license a bond in the sum of $500 with one or more
sureties to be approved by said commissioner, and conditioned that the obligors
will not violate any of the duties, terms, conditions, provisions or requirements of
this article, or of other laws germane hereto. For any violation of the conditions
of said bond, the said commissioner is authorized to commence and prosecute an
action or actions on said bond or bonds in the name of the State of Wyoming,
through the attorney general or other proper prosecuting officer.
Sec. 65-404. Revocation.— Whenever a written complaint shall be filed with
the commissioner of labor and statistics stating that any party so licensed as
aforesaid, shall have violated any of the provisions hereof, he shall give to said
licensee notice of such complaint and appoint a day for a hearing thereon. If after
a full and fair hearing, the commissioner finds that the party licensed has violated
any of the provisions of this article, said commissioner is authorized to revoke the
license theretofore issued to said party.
Sec . 65-405. Register.— It shall be the duty of every licensed agency to keep a
register in which shall be entered with dates the name and address of every person
who shall make application for help or servants, and the name and nature of such
employment for which such help shall be wanted. Such register shall, at all




144

TEX T OF THE LAWS

reasonable hours be kept open to the inspection and examination of the commis­
sioner of labor and statistics, or his deputy.
Sec. 65-406. Registration fee.— Where a registration fee is charged for receiving
or filing application for employment of help, such fee shall in no case exceed the
sum of $1, unless the salary or wages to be paid shall be more than $3 per day,
in which case a fee of not more than $2 may be charged. A duplicate receipt
shall be given for such fee (one copy to be kept by the employee and the other by
the employer), in which receipt there shall be stated the name and address of the
applicant, the date of such application, the amount of the fee, and the nature of
the work to be done or the situation to be procured. In the event that the said
applicant shall not obtain a situation or employment through such licensed
agency, then after the expiration of three days from the time of registration such
licensed agency shall repay and return to such applicant, upon demand being
made therefor, the full amount of the fee paid or deposited by said applicant to
such licensed agency.
Sec. 65-407. Fraud.— No licensed agency shall publish or cause to be pub­
lished any false or fraudulent notice or advertisement, or give any false informa­
tion or make any false promise concerning or relating to work or employment to
any one who shall apply for employment, and no licensed agency shall make any
false entry in the register to be kept as herein provided.
Sec. 65-408. Enforcement.— It shall be the duty of the commissioner of labor
and statistics, or his deputy, when informed of any violation of this article, to file
complaint of such violation with the attorney general or with the county attorney
of the county in which such violation is alleged to have occurred and it shall be the
duty of the official informed to institute proceedings for the enforcement of the
penalties.
Sec. 65-409. Violations.—Any person violating any of the provisions of this

article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine of not less than $50 nor more than $100, or by imprisonment
in the county jail for a period not exceeding six months, or by both such fine and
imprisonment as the court may direct.
Sec. 65-410. Disposition of fees.—All money or moneys received from fees
under this chapter shall be forthwith accounted for by the commissioner of labor
and statistics and by him turned over to the State treasurer, taking the State
treasurer’s receipt for the same. Such moneys shall become a part of the State
general fund.
Sec. 65-411. Exceptions.— Free employment bureaus now organized or estab­
lished, or which may hereafter be organized or established, in this State, shall
not be subject to the provisions of this article.




Emigrant Agents
ALABAMA
CODE 1923
C hapter 22.— Emigrant agents
Section 696. Definition.— Each person who shall engage in the business of
hiring or soliciting laborers to go or be employed outside of Alabama, or in fur­
nishing, arranging or providing transportation for laborers to go beyond the limits
of Alabama, or in advertising for such laborers, shall be a labor agent within the
meaning of this chapter. All assistants, subagents, partners, associates or em­
ployees of any such person shall be subject to the license hereby levied, whether
such license be paid by their employer, principal, partner, associate or not.
Sec. 697. License.— Each labor agent within the meaning of this chapter shall
pay annually a license tax of $5,000 for the use of the State, and such additional
sum, not to exceed 50 per cent thereof, as may be levied by the court of county
commissioners or board of revenue of the respective counties for the use of the
county; such license shall be paid in each county in which such labor agent engages
in business or operates or undertakes to operate.
Sec . 698. Same, payment of.— Such license shall be paid at the time and in the
manner provided by statute for the payment of other licenses and shall be in lieu
of other licenses levied on emigrant or labor agents.
Sec. 699. Exception.— A common carrier engaged in interstate commerce, in
transporting passengers or in employing or transporting laborers to work for it
shall not be a labor agent within the meaning of that term as defined in this
chapter.
C hapter 126.— Emigrant or labor agents
Section 3980. Violations.— Any person who shall engage in the business or
undertake to engage in the business of an emigrant agent or labor agent as defined
in the laws of this State, or shall do any of the acts or things constituting doing
business or engaging in the business of emigrant agent or labor agent as defined or
within the meaning of the laws of this State, or who knowingly assists another in so
doing without having first obtained a license, or without having first given bond
as provided in the laws of this State, or without having complied with the laws of
this State, shall be guilty of a misdemeanor, and upon conviction shall be punished
by a fine of not less than $500 and not more than $5,000, or may be imprisoned in
the county jail or sentenced to hard labor for the county for not less than four
months nor more than one year, within the discretion of the court.
Sec. 3981. Licensing of subagents.— Any person who shall engage in the busi­
ness or undertake to engage in the business of emigrant agent or labor agent as set
forth above, even though he has taken out a license as herein provided, who
engages any assistants, subagents, partners, or employees who have not been
licensed according to law or as provided in the laws of this State relating to emi­
grant or labor agents, shall be guilty of a misdemeanor, and upon conviction shall
be punished by a fine of not less than $500 and not more than $5,000, or may be
imprisoned in the county jail or sentenced to hard labor for the county for not less
than four months nor more than one year, within the discretion of the court.
Sec. 3982. Enforcement, jurisdiction of courts.— For the purpose of better
insuring the enforcement of the provisions of the emigrant or labor agent law, it
is stipulated that, in addition to the courts already having such jurisdiction
conferred by law, jurisdiction of offenses under such law occurring anywhere
within the county and jurisdiction, power and authority to impose the maximum
fines and penalties and punishment provided for in such law, is hereby conferred on
all inferior courts, or courts established in lieu of justice of the peace courts by
whatsoever name called, on which courts criminal jurisdiction is now by law confer­
red in counties having over 150,000 population according to the last or any subse­
quent Federal census; and the defendant in the trial of such case shall not have the




145

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TEX T OP THE LAWS

right to plead that the crime or offense with which such defendant is charged
occurred or arose in some precinct of the county other than the one in which said
court is located and such trial is had; nor shall the defendant in such cases in
counties where there is a division of the circuit court having and exercising terri­
torial jurisdiction over parts of such counties and holding court at places other
than the county site of such county, have the right to plead that the offense with
which the defendant is charged occurred or arose in some other subdivision of the
county than the one in which such court is located and such trial is had.
Sec. 3983. False statements.— Any applicant to be licensed as a labor or emi­
grant agent, who knowingly makes any false statement before any judge of
probate or any judge of a court of record in this State, shall be guilty of perjury
and shall be punished as provided by law in similar cases of false affidavits.
Sec. 3984. Doing business after license suspended.— If, during the term or
period for which the license of an emigrant or labor agent is suspended or per­
manently forfeited, the person who held such license shall do or undertake to do
business as defined in the laws relating to emigrant or labor agents, he shall be
guilty of a misdemeanor, and shall, upon conviction, be punished as is provided for
misdemeanors under this chapter. If the situation be a suspension of the license,
such license shall immediately be and become forfeited and void without any
futher affirmative action being taken in regard thereto, and no appeal from con­
viction shall have the effect of reinstating said license so long as the judgment of
conviction remains unreversed.
FLORIDA

COMPILED GENERAL LAWS, 1927
F irst D ivision— T itle 6
C hapter 3.—Licenses and other taxes
Section 1144. License.— No person shall conduct the business of an emigrant
agent or solicit emigrants or laborers in any county in this State without having
first secured a license in each county where such business is conducted.
All licenses required in this section shall be good for a period of one year and
may be secured by an application to the tax collector in the county where such
business is conducted and the payment of a fee of $2,000 therefor, together with
the county judge’s fee of 25 cents for issuing the same. The license year as con­
templated herein shall begin on October 1st of each year, and no license for the
fractional part of a year shall be issued.
The term “ emigrant agent” as used in this section shall apply to any person,
agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting
laborers or emigrants in this State to be transported and employed beyond the
limits of this State.
F ifth D ivision — T itle 2
C hapter 5, A rticle 1.—Penalties
Section 7445. Violations.— Any person or persons that shall carry on or con­
duct, the business of an emigrant agent, or solicit emigrants or laborers in any
county in this State without first having secured a license in each county where
such business is conducted as required by law shall be guilty of a misdemeanor,
and on conviction thereof shall be punished by a fine of not exceeding $5,000, or
by imprisonment in the county jail not more than 12 months, or by both such fine
and imprisonment in the discretion of the court.
GEORGIA

CODE OF 1911
Section 632. (as amended 1920, Act No. 756, p. 87, and 1929, Act No. 306,
p. 176). Emigrant agents, license.— Any person who shall solicit or procure emi­
grants, or shall attempt to do so, without first procuring a license as required by
law, shall be guilty of a misdemeanor. An emigrant agent is a person who shall
solicit or attempt to procure labor in this State to be employed beyond the limits
of the same. An emigrant is any person who has been solicited, persuaded, en­
ticed, or employed to leave the State to be employed or worked beyond the limits
of the same.




EMIGRANT AGENTS

147

ACTS OF 1911
Department of commerce and labor
(Page 133)

2 (as amended 1913, p. 82; 1917, p. 88; 1920, p. 118). Duty of com­
missioner.— * * * The department of commerce and labor is also charged
with the following duties: * * *
Par. C. Emigrant agents.— The commissioner shall exercise jurisdiction over
each person, firm or corporation acting as an emigrant agent or agency, hereafter
referred to as emigrant agent; shall require each emigrant agent to make applica­
tion for license to do business, said application to be indorsed by two taxpayers
and accompanied by a bond of $1,000 for the faithful performance of duty, and
the payment of such tax as may be required by law. Each emigrant agent shall
make a daily report to the commissioner showing the names, addresses, and
number of people carried out of the State, the points to which they have been
carried, the kind and character of work secured for them, the pay to be received
by them, the fee charged them or to be collected, and from whom. The emigrant
agent must show clearly by whom employed, if paid a salary, or from whom he
receives a commission, and how much. The commissioner shall inspect the office
and work of each emigrant agent as often as may be necessary, and, if any emi­
grant agent is found to be violating the law, it shall be the duty of the commis­
sioner to immediately proceed to have such person presented to the proper author­
ities for prosecution and to cancel the license to do business. Each emigrant
agent must secure annually a license to do business. In contemplation of this
act, the emigrant agent is any person who shall solicit or attempt to procure labor
n this State to be employed beyond the limits of the same.
S e c t io n

ACTS OF 1927
T it l e 2

A c t No. 398.— General tax act
(Page 56)
S e c t i o n 2. * * * the following specific occupational taxes shall be levied
and collected each year * * * beginning in 1928. * * *
Par. 51. Emigrant agents.— Upon each emigrant agent, and upon each employee
of such agents, doing business in this State, $1,000 for each county in which
such agents or employee may do or offer to do business: Provided, That no
emigrant agent or employee shall take from this State or attempt to take from this
State any person until after first giving a bond to be accepted and approved by the
commissioner of commerce and labor, conditioned to pay any valid debt owing by
said person to any citizen of this State.

HAWAII

REVISED LAWS, 1925
C h apter

125.— Licenses

S e c t i o n 2018. Definition.—Any person who individually or acting through or
for another or others, is engaged in soliciting, inducing, procuring or in hiring
laborers to go beyond the limits of the Territory, whether under promise of
employment or otherwise, shall be deemed an emigrant agent within the meaning
of sections 2018-2026.
S e c . 2019. License.— No person shall engage in business as an emigrant agent
without first obtaining a license from the treasurer of each county or city and
county in which such business is entered into or carried on. No such license shall
be issued until the applicant therefor shall have complied with the following
conditions.
First. He shall file with the treasurer a sworn statement of the person or per­
sons employing him and the place to which it is proposed that laborers shall be
sent or taken and of the nature, terms and conditions of the employment or in­
ducements to be given laborers he may recruit.




148

TEXT OF THE LAWS

Second. He shall file with the treasurer a bond in the penal sum of $25,000 run­
ning to the treasurer and his successors in office conditioned that he will in all
respects comply with the provisions of sections 2018-2026 and that he will satisfy
any judgments which may be rendered against him in any action either at com­
mon law or under statute for enticing, inducing or persuading laborers from their
employers or for inducing laborers to break their contract of employment.
Third. He shall pay an annual license fee or [of] $500.
Every such license shall be issued subject to all rules, regulations, conditions
and restrictions which may be subsequently imposed by law.
Sec . 2020. Register.— Every emigrant agent shall, before any laborer recruited
by him leaves the Territory, register in the office of the treasurer the name, age,
nationality of each laborer recruited by him, the name and address of the last
employer of such laborer, and the date and cause of his leaving his employment,
together with a statement of the proposed place of employment, if any, the na­
ture, terms and conditions of the employment promised and inducements offered
to the laborer, together with the certificate of some person qualified as an inter­
preter that such statement has been by him read to such laborer in the language
of his nationality. A charge of 50 cents shall be made for each name so registered.
Sec . 2021. Bond.— Every emigrant agent shall give a bond in the sum of $100
to each and every laborer recruited by him conditioned for the faithful perform­
ance of any contract or promise, made with or given to any laborer so recruited.
A duplicate original of each and every bond shall be filed in the office of the treas­
urer before the laborer leaves the Territory, together with a receipt of the laborer
showing that such bond has been delivered to him.
Sec . 2022. Minors.— No emigrant agent shall recruit and take away from the
Territory any minor without the written consent of the parents or guardian of the
minor, and in case the minor has no parent or guardian, then of the attorney gen­
eral of the Territory, and the emigrant agent shall file such written consent in the
office of the treasurer.
Sec . 2023. Enticing^ laborers.— No emigrant agent shall induce, entice or per­
suade or attempt to induce, entice or persuade any servant or laborer who shall
have contracted, either orally or in writing, to serve his employer for a specific
length of time, to leave the service of the employer for the purpose of leaving the
Territory during the term of such service, without the consent of the employer,
nor shall he aid or abet any such servant or laborer in leaving such service and the
Territory during the term thereof, without the consent of the employer.
Sec . 2024. Approval of bonds.— Any bonds given or required under the provi­
sions of sections 2018-2026 shall be subject to approval both as to form and suffi­
ciency by the treasurer, but no such bond shall be approved unless there shall be
at least two sureties upon the same, each of whom shall be a resident and free­
holder within such county or city and county and shall justify before the treas­
urer as worth in real estate situate in such county or city and county the amount
of such bond over and above all sums for which such surety is liable. For the
purpose of inquiring into the sufficiency of such sureties the treasurer is authorized
to administer oaths and to examine under oath persons offering themselves as
such sureties.
Sec . 2025. Breach of bond.— In case of any breach of condition of any bond
given under the provisions of sections 2018-2026, the treasurer may, and upon
demand and the receipt of satisfactory assurances for payment of costs, shall en­
force such bond either in his own name or in the name of any person as obligee
therein by appropriate proceedings in any court of competent jurisdiction for the
use and benefit of any person injured by such breach.
Sec . 2026. Violations.— Any person who shall engage in business as an emi­

grant agent, without first obtaining a license as in sections 2018-2026 provided, or
who shall violate any provision of said sections, shall be guilty of a misdemeanor,
and upon conviction shall forfeit his license, if he has one, and shall be punished
by a fine not exceeding $1,000 or by imprisonment for not more than one year, or
by both such fine and imprisonment.
MISSISSIPPI
ACTS OF 1912
C hapter 94.— Emigrant agents
Section 1. License fee.— Each emigrant or employment agent, or person en­

gaged in hiring laborers, or soliciting emigrants or laborers in this State to go
beyond the limits of this State, must pay an annual license of $500 in every




EMIGRANT AGENTS

149

county in which he operates or solicits emigrants or laborers, which amount must
be paid into the State treasury for the use of the State.
Sec. 2. Acting without license.— Any person doing the business of emigrant or
employment agent without having first obtained a license, as required by law,
shall be guilty of a misdemeanor, and, upon conviction, shall be punished by fine
of not less than $500 and not more than $5,000, or may be imprisoned in the
county jail, or sentenced to hard labor for the county for not less than one month
nor more than six months, within the discretion of the court.
[The privilege tax law of 1930 (ch. 88, sec. 108) continues the fee of $500.]
NORTH CAROLINA

ACTS OF 1925
C hapter 101.— Revenue act
Section 79. Emigrant agents.— On every person, firm, or corporation engaged
in procuring laborers for employment out of the State, an annual license tax of
$500 for each county in which such person, firm, or corporation does business, the
same to be collected by the commissioner of revenue. Any one violating the
provisions of this section shall be guilty of a misdemeanor and fined not less than
$500 or imprisoned, in the discretion of the court.
PHILIPPINE ISLANDS

ACTS OF 1915
A ct N o. 2486.— Emigrant agents—Labor commissioners
Section 1. Who covered.— Every person or entity who, directly or indirectly,

shall engage in the Philippine Islands in contracting, enlisting, recruiting, or ship­
ment of laborers, shall pay annually, as a tax, to the Provincial treasurer of each
one of the Provinces where laborers are contracted or recruited, and if in Manila,
to the collector of internal revenue, the sum of 500 pesos, which fund shall be
subjected to the conditions expressed in the following sections: Provided, That
when such contracting, enlistment, recruiting, or shipment of laborers is made in
representation of a corporation or person, said tax shall be paid by the same
and not by each one of its agents or employees: Provided, further, That nothing
contained in this act shall be interpreted or construed in such manner as to permit
any contract or recruiting of individuals of non-Christian tribes for the purpose of
exhibiting same in the Philippines or in any other foreign country, which is hereby
declared prohibited and unlawful: And provided finally, That nothing contained
in this act shall be applied to persons who contract individuals for other personal
service or to make up the crew of a vessel.
Sec . 2. Return of workmen.— Any company or entity engaged in the industry
mentioned in the next preceding section shall be obliged to furnish free passage
upon the return to these islands of the laborer or laborers contracted, so soon as
the time stipulated in the contract made with him shall have expired in case they
shall have complied with the terms and conditions of the contract on their part to
be kept and performed, or in case they shall have later become unfit for work on
account of physical incapacity.
Sec. 3. License.—Any person or entity referred to by this act shall annually

provide himself, before engaging in the industry referred to by this law, with a
license issued by the director of the bureau of labor and approved by the secretary
of commerce and police, in which shall be expressed the name of the Province or
names of the Provinces where he is to exercise such industry. For the issuance of
said license the director of the bureau of labor shall collect the sum of 6,000 pesos
annually which shall be covered into the insular treasury.
Sec. 4. Commissioners.— The Governor General, with the advice and consent
of the commission, shall from time to time appoint a commissioner or commis­
sioners for service outside of the Philippine Islands, whose duty it shall be to
receive and hear the complaints made by Filipino laborers, to arrange the differ­
ences between the latter and their employers, to see to the compliance of the
contracts made with said laborers, and to look after their interests in general,
making a report of the condition thereof to the Governor General: Provided, That
the compensation, traveling and other expenses of such commissioner or commis­
sioners shall be fixed by the Governor General; but the total expense for this
purpose shall not exceed 6,000 pesos in any one year.




150

TEXT OF THE LAWS

Sec. 5. Minors.— All of the contracts made with laborers shall be supervised by
the director of labor, whose duty it shall be to permit no contracting of minors
under 15 years, and minors of 18 years without the written consent of their parents
or guardians.
Sec. 6. Violations.— Any violation of this act shall be punished by a fine of not
to exceed 2,000 pesos [$1,000] or by imprisonment for not more than two years, or
by both fine and imprisonment in the discretion of the court.

SOUTH CAROLINA
CODE OF 1932
C hapter 70.— Trade regulations, etc.
Section 1377. Emigrant agent’s license.— No person shall carry on the business
of emigrant agent in this State without having first obtained a license therefor
from the State treasurer. The term “ emigrant agent,” as contemplated in this
section, shall be construed to mean any person engaged in hiring laborers or
soliciting emigrants in this State to be employed beyond the limits of the same.
Any person shall be entitled to a license, which shall be good for one year, upon
payment into the State treasury for the use of the State of $500 in each county
in which he operates or solicits emigrants for each year so engaged. Any person
doing business of an emigrant agent without having first obtained such license
shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished
by fine not less than $500, and not more than $5,000, or may be imprisoned in the
county jail not less than four months, or confined in the State prison, at hard
labor, not exceeding two years for each and every offense, within the discretion of
the court.
Sec . 1378. Same, etc; definition of agent.— No person shall carry on the business
of an emigrant agent in this State without having first obtained a license therefor
from the county treasurer of each county in which he solicits emigrants. Any
person shall be entitled to a license, which shall be good for one year, upon pay­
ment into the county treasury, for the use of said county, $2,000 in each county
in which he operates or solicits emigrants, for each year so engaged. Any person
doing business of an emigrant agent, without having first obtained said license,
shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished
by fine, not less than $1,000 and not more than $5,000, or may be imprisoned in
the county jail or on the public works not less than four months, or confined in
the State prison, at hard labor, not exceeding two years for each and every offense,
within the discretion of the court.
uEmigrant agent” defined.— The term “ emigrant agent,” as contemplated in
this section, shall be construed to mean any person engaged in hiring laborers or
soliciting emigrants in this State, to be employed beyond the limits of the same.

TENNESSEE
ACTS OF 1923
C hapter 75.— Revenue act
Section 4. Privilege tax.—Each vocation, occupation and business hereinafter
named in this section, is hereby declared to be a privilege, and the rate of taxation
on such privilege shall be as hereinafter fixed * * *
Each emigrant agent or persons engaged in hiring laborers or soliciting emi­
grants in this State to be employed or to go beyond the limits of the State, must
pay an annual license, each per annum $300.
[Code of 1932, sec. 1124, states that privilege taxes declared by legislative
enactment are not to be deemed repealed by the enactment of'the code.]

TEXAS
ACTS OF 1929 (SECOND CALLED SESSION)
C hapter 11
Section 1. [Amends art. 7047, title 122, R. C. S. 1925, by adding a new sec. 40,
as follows:]
Section 40. Emigrant agents.— From every person, firm, corporation or associa­
tion of persons engaged in the business of an emigrant agent, an annual State
tax of $1,000 and in addition thereto, in each county where said emigrant agent




EMIGRANT AGENTS

151

operates or maintains an office, an annual tax, on a population basis, according to
the preceding Federal census, as follows: In counties under 100,000 population
the sum of $100; in counties having a population from 100,000 to 200,000 inclu­
sive, the sum of $200; and in counties over 200,000 population, the sum of $300.
The term “ emigrant agent” as used herein means the business of hiring, enticing,
or soliciting laborers in this State to be employed beyond the limits of this State
and is also meant to include every person, firm, partnership, corporation or associa­
tion of persons maintaining an office to hire, entice, or solicit laborers to be em­
ployed beyond the limits of this State; and is also meant to include every person
who, as an independent contractor or otherwise than as an agent of a duly licensed
emigrant agent procures, or undertakes to procure, or assist in procuring laborers
for an emigrant agent; and every emigrant agent shall be termed and held to be
doing business as such in each and every county wherein he, in person, or through
an agent, hires, entices, or solicits any laborer to be employed beyond the limits
of the State: Provided, however, That the term “ emigrant agent” as defined in
this act does not mean any person, firm, association of persons or corporations or
maritime agent that hires, entices or solicits laborers for his or its own use beyond
the limit of this State where an office is not maintained therefor. It is further
provided that the provisions of article 7048 authorizing the payment of an occupa­
tion tax quarterly shall not apply to emigrant agents as herein defined but such
agents shall pay in advance the tax for one entire year. Said tax shall be paid
to the tax collector and upon production of a receipt showing the payment of the
amount due the State, the tax collector is authorized to receive the amount due
for each county.
Sec . 2. Act repealed.—House bill No. 207 passed by the first called session of
the forty-first legislature of Texas, approved by the governor May 17, 1929, is
hereby expressly repealed.
Sec . 3. Constitutionality.— In the event any section, subdivision, sentence,
word, words, or part of this act shall be held to be unconstitutional, then such
holdings shall not affect or impair the remainder of this act and the remainder
of this act in such case shall be and remain in full force and effect, as the intent
of the legislature.
Sec. 4. Emergency act.— The fact that many persons are engaged in business

in this State as emigrant agents without being properly taxed on or in respect
to such business, and the further fact that Texas has come to be a fruitful field
for the activities of emigrant agents, and the further fact that the State and
counties are in serious and immediate need of additional revenue, create an
emergency and an imperative public necessity that the constitutional rule
requiring bills to be read on three several days be suspended and the same is
hereby suspended, and that this act become effective from and after its passage,
and it is so enacted.
C hapter 96
S e c t io n 1. Definition.— The term “ emigrant agent” as used in this act means
every person, firm, corporation or association of persons engaged in the business
of hiring, enticing, or soliciting laborers in this State to be employed beyond the
limits of this State and is also meant to include every person, firm, partnership,
corporation or association of persons maintaining an office to hire, entice, or
solicit laborers to be employed beyond the limits of this State; and is also meant
to include every person who, as an independent contractor or otherwise than as
an agent of a duly licensed emigrant agent procures, or undertakes to procure, or
assist in procuring laborers for an emigrant agent; and every emigrant agent
shall be termed and held to be doing business as such in each and every county
wherein he in person, or through an agent, hires, entices, or solicits any laborer
to be employed beyond the limits of the State.
Sec . 2. License.— Each emigrant agent shall, before operating in Texas,
secure a State license as such, on application therefor to the commissioner of
labor statistics of the State of Texas. Such application shall be in writing on
form prescribed by said commissioner, and shall be verified by the applicant.
Where the application is made by a firm, partnership, or association of persons,
it shall state the names of all the members of such firm, partnership, or associa­
tion of persons, and shall be verified by each of them and where by a corporation,
it shall state the names of all officers and duly verified by authorized officer.
The application shall state the post-office address, and the residence and citizen­
ship, of each applicant named therein. The application shall state where the
main office of the applicant is and/or is to be located. It shall also state the
counties in which the applicant proposes to do business and the place in each




152

TEXT OF THE LAWS

county where such business is to be conducted, provided, the application may be
subsequently amended in this respect by supplemental application filed with
said commissioner, duly verified, adding counties not named in the original
application and stating where such business is to be conducted in each such
added county. No person shall engage in the business of any emigrant agent
in any county not named in such original or amended application. When an
emigrant agent has filed such application, and has paid the occupation taxes
as provided by law, and pays to the labor commissioner of Texas an annual
license fee of $10 the said commissioner shall issue to him a State license as an
emigrant agent, which shall entitle him to do business as such in any county
named in said license in which said county tax has been paid. Such emigrant
agent shall file with the tax collector of any county in which he proposes to do
business a certified copy of his license.
Sec. 3. Samey failing to secure.— Any person, firm, association of persons or
corporation who shall engage in the business of an emigrant agent in any county
in this State without having first filed with the commissioner of labor statistics
of the State of Texas, an application for license as emigrant agent as above
provided, and/or without having first paid all State and county occupation taxes
and annual license fee as provided by law or without having first secured a State
license as above provided, or without having first filed certified copy of his State
license with the tax collector of such county as above provided, and/or who does
not file monthly reports as provided by this act, and/or who shall engage in the
business of an emigrant agent in any county in this State without first having
designated such county as one of the counties in which he proposes to do such
business in his original or amended application to the commissioner of labor
statistics of Texas, shall be guilty of a misdemeanor, and upon conviction shall
be punished by fine not exceeding $500 or by imprisonment in the county jail
for not exceeding six months, or by both such fine and imprisonment.
Sec. 4. [Sec. 4 was declared unconstitutional in the case of Hanley v. Moody
et al., 39 Fed. (2d) 198.]
Sec. 5. Inspection of books.— All the books, correspondence, memoranda,
papers, and records of every kind and character incident to the business of an
emigrant agent of each emigrant agent licensed under this act shall be subject to
inspection at any time by the said commissioner of labor statistics, his deputies,
or inspectors and a failure to permit said commissioner, his deputies or inspectors
to inspect such books, correspondence, memoranda, papers, and records at any
time shall be sufficient grounds for the commissioner to cancel the license of
such agents and he shall have authority and it shall be his duty to do so.

The commissioner shall not cancel the license of any emigrant agent until com­
plaint in writing made by a credible person, shall be filed with him, specifying in
general terms the grounds of the proposed cancellation, and a full and fair hearing
given to him thereon. Upon the filing of such complaint, the commissioner shall
fix a time and place, reasonably accessible to the emigrant agent complained
against, for the hearing of said complaint. The commissioner shall notify the
agent so complained against of the time and place fixed for said hearing by a reg­
istered letter addressed to him at his post-office address as the same appears upon
his application for license, accompanied by an exact copy of the complaint against
him; and mailing of such notice and copy shall be sufficient and conclusive evi­
dence of proper service of the procedure upon the agent so complained against.
The emigrant agent so complained against shall have at least 10 days after the
date of said notice mailed, exclusive of the day of mailing and day of hearing,
before hearing upon said complaint shall be had, and shall have the right to file
answer, introduce evidence and to be heard both in person and by counsel. The
commissioner shall have the power to summon and compel the attendance of wit­
nesses before him to testify in relation to any such complaint, and may require
the production of any book, paper or document deemed pertinent thereto. Said
commissioner shall also have the power to provide for the taking of depositions of
witnesses and evidence may be heard either from witnesses present testifying
orally, or by deposition taken under such rules, and in such fair and impartial
manner as the commissioner may prescribe. Said hearing shall be had before the
commissioner and shall be conducted in a fair and orderly manner, and in accord­
ance with rules of procedure to be adopted by the commissioner. At the conclu­
sion of the hearing the commissioner shall enter his findings and judgment in
writing and the same shall be recorded by him in a permanent record to be kept
by him, and a copy thereof furnished to the emigrant agent complained against.
Any emigrant agent whose license shall be canceled by the commissioner may,
within 30 days after the cancellation thereof, and not thereafter, have his right of
action for reinstatement against the commissioner in the district court of Travis




EMIGRANT AGENTS

153

County. If the agent whose license has been canceled by the commissioner shall,
within 10 days after receiving information of such cancellation, give notice to the
commissioner in writing of his intention to file such suit, the action of the commis­
sioner in canceling the said license shall be suspended for a period of 30 days, but
unless such suit shall be filed within said time, the action, of the commissioner shall
be final. If suit shall be filed against the commissioner to reinstate said license
within said time, the action of the commissioner shall remain suspended until the
validity of the license in question shall be adjusted by the court in said suit. In
such suits the burden shall be upon the emigrant agent to show good cause for
reinstatement of his license.
Sec. 6. Reports.—Each emigrant agent shall make monthly reports on the first
day of each and every month covering the preceding month correctly showing the
name and address of every agent, subagent, contractor, solicitor or recruiter en­
gaged in any part of the work connected with the business of hiring, enticing or
soliciting laborers in this State to be employed beyond the limits of this State in
which such emigrant agent is engaged, and correctly showing, (a) the name, age,
sex, race and address of each person hired to be employed beyond the limits of
this State, (b) the name and address of the employer of every such person, (c) the
kind of work every such person is employed to do, (d) the place where every such
person is to be employed, (e) the term of employment of every such person,
( / ) the wages to be paid to every such person for his work, and (g) the number,
name, and address of each party if any returned to the State of Texas by said
agent, which report shall be filed with the said commissioner of labor statistics.
The said commissioner shall have the authority, and it shall be his duty, to
cancel the license of every emigrant agent who fails to make and file such monthly
report on or before the tenth day of each month respectively in accordance with
the cancellation procedure provided in this act.
Sec. 7. Application of act.—This act shall also apply in all its terms and provi­
sions to every other person, firm, corporation, maritime agency or association of
persons hiring, enticing or soliciting laborers to be employed by him beyond the
limits of this State, but not maintaining an office therefor, except that such other
person, firm, corporation, maritime agency, or association of persons as used in
this section, shall not be required to pay the occupation taxes in order to procure
a license but shall pay to the labor commissioner the annual license fee provided
by this act, and shall perform all the other provisions of this act, and such license
shall in that event be limited to such holder thereof hiring, enticing or soliciting
laborers exclusively and only for said holder of such license: Provided, however,
That this section shall not apply to a person where the number to be employed
by such person shall not exceed 10 employees.
Sec. 8. Act cumulative.—The provisions of this act shall be cumulative of the
employment-agency laws of the State of Texas and the employment-agency laws
aforesaid, shall be where consistent, applicable to the provisions of this act.
Sec. 9. Unconstitutionality.— In the event any section, subsection or part of this
act shall be held to be unconstitutional, then such holding shall not affect or impair
the remainder of this act and the remainder of this act in such case, shall be and
remain in full force and effect as the intent of the legislature.
Sec. 10. Repeal.—House bill No. 207, enacted at the first called session of the
forty-first legislature, approved May, 17 1929, is hereby repealed; and all laws

and parts of laws in conflict herewith are also hereby repealed.
Sec. 11. Emergency—The fact that the State of Texas has come to be recog­
nized as a fruitful field for the activities of emigrant agents and the further fact
that a large percentage of the individuals solicited by said agents are uneducated
and not fully cognizant of their rights or of business methods in protecting and
securing their rights and are susceptible of being overinfluenced and the further
fact that there exists no law providing for a reasonable regulation of said business,
creates an emergency and an imperative public necessity that the constitutional
rule requiring bills to be read on three several days be suspended, and the same is
hereby suspended, and that this act become effective from and after its passage,
and it is so enacted.
VIRGINIA

ACTS OF 1928
C hapter 45.— Tax code
Section 183. Labor and emigrant agents.— Any person who solicits, hires, or
contracts with, laborers, male or female, to be employed by persons other than
himself, and every agent of such person except as provided in the next following




154

t e x t op t h e la w s

section, shall be deemed to be a labor agent. Every person who shall without a
license conduct business as a labor agent, shall pay a fine of not less than $100,
nor more than $500.
Every person who engages in the business of a labor agent shall pay annually
$500 for the purpose of transacting the said business, except that every person
who engages in the business of an “ emigrant agent” in this State shall pay annu­
ally $5,000 for the privilege of transacting said business in each county or city in
which he operates or solicits laborers or emigrants to be employed beyond the
limits of this State.
The term “ emigrant agent,” contemplated in this section, shall be construed
to mean any person engaged in hiring laborers or soliciting emigrants in this State
to be employed beyond the limits of this State. Any person doing the business
of an emigrant agent, without having first obtained such license, shall be guilty of
a misdemeanor, and upon conviction shall be punished by a fine of not less than
$100 and not more than $5,000, or may be imprisoned in jail not less than 1 month
nor more than 12 months for each and every offense, in the discretion of the court
or jury before whom the case is heard. Such emigrant agent shall also be subject
to the other laws of this State referring to labor agencies except that he shall not
be required to pay any other license than the license above prescribed: Provided,
That this section shall not apply to Virginia contractors temporarily engaged on
contracts in other States when themselves employing labor for their own work.
Before any such license shall be issued, the applicant shall produce a certificate
from the corporation court of the city or the circuit court of the county in which
such labor agent proposes to have his office, or of the county in which he proposes
to do business, that to the personal knowledge of the judge of such court or from
the information of credible witnesses under oath before such court, the court is
satisfied that the applicant is a person of good character and honest demeanor.
This section shall not apply to representatives of labor organizations within the
State of Virginia, in cases where, because of need of employment, they may direct
their members to employment in other States of the Union.
Every license issued under this section shall expire on the 31st day of December
of each year. No license issued under this section shall be prorated.
WEST VIRGINIA
CODE OF 1931
C hapter 11, article 12.— License taxes

[Sec. 53 provides for license fee of $5,000 to conduct emigrant agency. See p. 140.]




ADDENDUM
Since this bulletin was prepared for printing, Congress has enacted
a new Federal employment service law, and the Legislature of the
Philippine Islands has enacted a private employment agency law.
The text of these two laws are given on the following pages.

161109—33




155




Federal Act Creating National Employment Service
N June 6, 1933, a national employment s3 stem was established
r
by an act (Public, No. 30) passed at the special session of the
Seventy-third Congress.

O

The new law creates a United States Employment Service in the
Department of Labor and supplants a former Federal employment
service, with offices in every State, conducted independently of the
State employment service.
Legislation of this character has been considered by the Congress
for several years, and a bill somewhat similar to the present law suc­
cessfully passed the Seventy-first Congress but was vetoed by the
President.
The new law establishes a national employment system in coopera­
tion with the various States, including the Territories of Hawaii and
Alaska. An appropriation of $1,500,000 is provided for the fiscal
year ending June 30, 1934, and $4,000,000 for each fiscal year there­
after, up to and including the fiscal year ending June 30,1938. There­
after the amount of the appropriation is to be determined by the
Congress, as may be deemed necessary.
In order to obtain the benefits of any appropriations, a State must
accept the provisions of the national act and designate a State agency
with necessary powers to cooperate with the United States Employ­
ment Service.
Seventy-five percent of the amounts appropriated are to be appor­
tioned by the director among the several States in the proportion
which their population bears to the total population of the United
States. No payment shall be made to any State until an equal amount
has been appropriated and made available for that year by the State.
Provision is made, however, for the apportionment of money during
the current fiscal year and the two succeeding fiscal years thereafter
to States in which there is no State system of public employment
offices and to States which have established employment offices but
have failed to establish a cooperative system.
The United States Employment Service is charged with the duty
of promoting and developing a national system of employment offices
for men, women, and juniors “who are legally qualified to engage in
gainful occupations”; to maintain a veterans’ bureau, a farm place­
ment service, and a public employment service for the District of
Columbia; and to assist in establishing public employment offices in
the several States and political subdivisions thereof in which there
shall be located a veterans’ employment service. The Federal agency
is charged also with the duty to “assist in coordinating the public
employment offices throughout the country and in increasing their
usefulness by developing and prescribing minimum standards of
efficiency, assisting them in meeting problems peculiar to their local­
ities, promoting uniformity in their administrative and statistical pro­
cedure, furnishing and publishing information as to opportunities for
employment and other information of value in the operation of the
system, and maintaining a system for clearing labor between the
several States.”




157

158

TEX T OF T H E LAW S

The law provides for the appointment of a Federal Advisory Council.
This board is to be composed of representatives of employers and
employees, and the public for the purpose of formulating policies
and the determining of problems relating to employment. An organ­
ization of similar State advisory councils is required to be formed by
the Federal director.
Before any applicant is referred to a place for employment, notice
of any strikes or lockouts must be given. In carrying out the adminis­
tration of the law the Secretary of Labor is authorized to make rules
and regulations.
All States desiring to receive benefits under the act must submit
detailed plans to the director, and must also make such reports con­
cerning any operations and expenditures of money. The franking
privilege for free transmission of official mail matter is extended to
the United States Employment Service and to all State employment
systems operating under the provisions of the act.
The complete text of the law establishing a new United States
Employment Service follows:
National Employment System Law
Section 1. Employment service created.— (a) In order to promote the estab­
lishment and maintenance of a national system of public employment offices
there is hereby created in the Department of Labor a bureau to be known as the
United States Employment Service, at the head of which shall be a Director.
The Director shall be appointed by the President, by and with the advice and
consent of the Senate, and shall receive a salary at the rate of $8,500 per annum.
(b) Upon the expiration of 3 months after the enactment of this act the em­
ployment service now existing in the Department of Labor shall be abolished;
and all records, files, and property (including office equipment) of the existing
employment service shall thereupon be transferred to the United States Employ­
ment Service; and all the officers and employees of such service shall thereupon
be transferred to the United States Employment Service created by this act with­
out change in classification or compensation.
Sec. 2. Appointment of officers, employees.— The Secretary of Labor is author­
ized, without regard to the civil service laws, to appoint and, without regard to the
Classification Act of 1923, as amended, to fix the compensation of one or more
assistant directors and such other officers, employees, and assistants, and to make
such expenditures (including expenditures for personal services and rent at the
seat of government and elsewhere and for law books, books of reference, and
periodicals) as may be necessary to carry out the provisions of this act. In case
of appointments for service in the veterans’ employment service provided for in
section 3 of this act, the Secretary shall appoint only veterans of wars of the
United States.
Sec. 3. Duties.— (a) It shall be the province and duty of the Bureau to promote
and develop a national system of employment offices for men, women, and
juniors who are legally qualified to engage in gainful occupations, to maintain a
veterans’ service to be devoted to securing employment for veterans, to maintain
a farm placement service, to maintain a public employment service for the
District of Columbia and, in the manner hereinafter provided, to assist in estab­
lishing and maintaining systems of public employment offices in the several
States and the political subdivisions thereof in which there shall be located a
veterans’ employment service. The Bureau shall also assist in coordinating the
public employment offices throughout the country and in increasing their use­
fulness by developing and prescribing minimum standards of efficiency, assisting
them in meeting problems peculiar to their localities, promoting uniformity in
their administrative and statistical procedure, furnishing and publishing informa­
tion as to opportunities for employment and other information of value in the
operation of the system, and maintaining a system for clearing labor between the
several States.
(b)
Whenever in this act the word “ State’ 9 or “ States” is used it shall be
understood to include the Territories of Hawaii and Alaska.




ADDENDUM

159

Sec . 4. State cooperation.— In order to obtain the benefits of appropriations
apportioned under section 5, a State shall, through its legislature, accept the
provisions of this act and designate or authorize the creation of a State agency
vested with all powers necessary to cooperate with the United States Employ­
ment Service under this act.
Sec. 5. Appropriations, apportionment of.— (a) For the purpose of carrying
out the provisions of this act there is hereby authorized to be appropriated (1)
the sum of $1,500,000 for the fiscal year ending June 30, 1934, (2) $4,000,000
for each fiscal year thereafter up to and including the fiscal year ending June 30,
1938, (3) and thereafter such sums annually as the Congress may deem neces­
sary. Seventy-five per centum of the amounts appropriated under this act shall
be apportioned by the Director among the several States in the proportion which
their population bears to the total population of the States of the United States
according to the next preceding United States census, to be available for the pur­
pose of establishing and maintaining systems of public employment offices in the
several States and the political subdivisions thereof in accordance with the provi­
sions of this act. No payment shall be made in any year out of the amount of
such appropriations apportioned to any State until an equal sum has been
appropriated or otherwise made available for that year by the State, or by any
agency thereof, including appropriations made by local subdivisions, for the
purpose of maintaining public employment offices as a part of a State-controlled
system of public employment offices; except that the amounts so appropriated
by the State shall not be less than 25 per centum of the apportionment according
to population made by the Director for such State for the current year, and in no
event less than $5,000. The balance of the amounts appropriated under this
act shall be available for all the purposes of this act other than for apportionment
among the several States as herein provided.
(b)
The amounts apportioned to any State for any fiscal year shall be available
for payment to and expenditure by such State, for the purposes of this act, until
the close of the next succeeding fiscal year; except that amounts apportioned to
any State for any fiscal year preceding the fiscal year during which is commenced
the first regular session of the legislature of such State held after the enactment
of this act shall remain available for payment to and expenditure by such State
until the close of the fiscal year next succeeding that in which such session is
commenced. Subject to the foregoing limitations, any amount so apportioned
unexpended at the end of the period during which it is available for expenditure
under this act shall, within 60 days thereafter, be reapportioned for the current
fiscal year among all the States in the same manner and on the same basis, and
certified to the Secretary of the Treasury and treasurers of the States in the same
manner, as if it were being apportioned under this act for the first time.
Sec. 6. Amount certified.— Within 60 days after any appropriation has been
made under authority of this act the Director shall make the apportionment
thereof as provided in section 5 and shall certify to the Secretary of the Treasury
and to the treasurers of the several States the amount apportioned to each State
for the fiscal year for which the appropriation has been made.
Sec. 7. Acceptance of act by State.— Within 60 days after any appropriation has
been made under the authority of this act, and as often thereafter while such
appropriation remains available as he deems advisable, the Director shall ascer­
tain as to each of the several States (1) whether the State has, through its legis­
lature or its governor, as the case may be, accepted the provisions of this act and
designated or authorized the creation of an agency to cooperate with the United
States Employment Service in the administration of this act in compliance with
the provisions of section 4 of this act; and (2) the amounts, if any, which have
been appropriated or otherwise made available by such State and by any agency
thereof, including appropriations made by local subdivisions, in compliance with
the provisions of section 5 of this act. If the Director finds that a State has
complied with the requirements of such sections, and if plans have been submitted
and approved in compliance with the provisions of section 8 of this act, the
Director shall determine the amount of the payments, if any, to which the State
is entitled under the provisions of section 5, and certify such amount to the
Secretary of the Treasury. Such certificate shall be sufficient authority to the
Secretary of the Treasury to make payments to the State in accordance therewith.
Sec. 8. Submission of State plans.— Any State desiring to receive the benefits
of this act shall, by the agency designated to cooperate with the United States
Employment Service, submit to the Director detailed plans for carrying out the
provisions of this act within such State. In those States where a State board,
department, or agency exists which is charged with the administration of State




160

TEXT OF T H E LAW S

laws for vocational rehabilitation of physically handicapped persons, such plans
shall include provision for cooperation between such board, department, or agency
and the agency designated to cooperate with the United States Employment
Service under this act. If such plans are in conformity with the provisions of this
act and reasonably appropriate and adequate to carry out its purposes, they shall
be approved by the Director and due notice of such approval shall be given to
the State agency.
Sec. 9. Reports of operation.— Each State agency cooperating with the United
States Employment Service under this act shall make such reports concerning its
operations and expenditures as shall be prescribed by the Director. It shall be
the duty of the Director to ascertain whether the system of public employment
offices maintained in each State is conducted in accordance with the rules and
regulations and the standards of efficiency prescribed by the Director in accord­
ance with the provisions of this act. The Director may revoke any existing
certificates or withhold any further certificate provided for in section 7, whenever
he shall determine, as to any State, that the cooperating State agency has not
properly expended the moneys paid to it or the moneys herein required to be
appropriated by such State, in accordance with plans approved under this act.
Before any such certificate shall be revoked or withheld from any State, the
Director shall give notice in writing to the State agency stating specifically
wherein the State has failed to comply with such plans. The State agency may
appeal to the Secretary of Labor from the action of the Director in any such case,
and the Secretary of Labor may either affirm or reverse the action of the Director
with such directions as he shall consider proper.
Sec . 10. Establishment of temporary service, when, etc.— During the current
fiscal year and the two succeeding fiscal years the Director is authorized to expend
in any State so much of the sum apportioned to such State according to popu­
lation, and so much of the unapportioned balance of the appropriation made
under the provisions of section 5 as he may deem necessary, as follows:
(a) In States where there is no State system of public employment offices, in
establishing and maintaining a system of public employment offices under the
control of the Director.
(6) In States where there is a State system of public employment offices, but
where the State has not complied with the provisions of section 4, in establishing
a cooperative Federal and State system of public employment offices to be main­
tained by such officer or board and in such manner as may be agreed upon by and
between the governor of the State and the Director.
The authority contained in this section shall terminate at the expiration of the
period specified in the first paragraph of this section, and thereafter no assistance
shall be rendered such States until the legislatures thereof provide for cooperation
with the United States Employment Service as provided in section 4 of this act.
Sec . 11. Establishment of advisory board.— (a) The Director shall establish a
Federal Advisory Council composed of men and women representing employers
and employees in equal numbers and the public for the purpose of formulating
policies and discussing problems relating to employment and insuring impartiality,
neutrality, and freedom from political influence in the solution of such problems.
Members of such council shall be selected from time to time in such manner as the
Director shall prescribe and shall serve without compensation, but when attending
meetings of the council they shall be allowed necessary traveling and subsistence
expenses, or per diem allowance in lieu thereof, within the limitations prescribed
by law for civilian employees in the executive branch of the Government. The
council shall have access to all files and records of the United States Employment
Service. The Director shall also require the organization of similar State advisory
councils composed of men and women representing employers and employees in
equal numbers and the public.
(b) In carrying out the provisions of this act the Director is authorized and
directed to provide for the giving of notice of strikes or lockouts to applicants
before they are referred to employment.
Sec . 12. Promulgation of regulations.—The Director, with the approval of the
Secretary of Labor, is hereby authorized to make such rules and regulations as
may be necessary to carry out the provisions of this act.
Sec . 13. Franking pr ivilege.—The Postmaster General is hereby authorized and
directed to extend to the United States Employment Service and to the system of
employment offices operated by it in conformity with the provisions of this act,
and to all State employment systems which receive funds appropriated under
authority of this act, the privilege of free transmission of official mail matter.




Private Employment Agency Law of the Philippine Islands

the full text
enacted by the
Legislature of
Islands regulating
BELOW is giventhe Philippine of the law recentlyprivate employ­
ment agencies:
Section 1. Title.— The short title of this act shall be “ Private Employment
Agency Law.”
Sec . 2. Definitions.— The following definitions are given for the proper under­
standing of certain terms used in this act:
(a) “ Person” not only means an individual human being but also any corpora­
tion, company, or association.
(b) “ Agency” or “ employment agent” means any office or person, as the case
may be, who for a monetary consideration directly or indirectly procures or looks
for," or offers or promises to procure or look for, employment or positions or a con­
tract for employment or a position, or an employee, laborer, or servant, for another
person, or a contract for an employee, laborer, or servant. This definition shall
include all associations, firms, or companies procuring employment, work, or
positions for their members or for other persons, except as hereinafter provided.
(c) “ License” or “ license certificate” is a document issued to a person by com­
petent authority allowing such person to establish, direct, or manage the business
or occupation of employment agent or have an employment office or agency, or
procure and look for or furnish employment, work or positions, or contracts for
any employment, work, or position, or employees, laborers, or servants for
another or others, or contracts for employees, laborers, or servants for another or
others.
(d) “ Fees” means any form or description of fees, remuneration, profit, or
compensation promised, paid, or received directly or indirectly for any service
rendered, offered, or promised by an employment agency or agent.
(e) “ Applicant for employment” means any person applying for employment,
work, or contract or hire of his services; and “ applicant for employee” any per­
son applying for the procurement of any employee, laborer, or workman for his
service.
(/) uLicensee” or “ licensed person” is an employment agency or agent duly
authorized by competent authority to engage in the business or occupation of
obtaining, procuring, looking for, or furnishing employment work or positions,
or employees, laborers, or workmen for another or others.
Sec. 3. License.— No person shall directly or indirectly establish, direct, or
manage, temporarily or permanently, any employment agency, nor act as agent
or recruiter for any employment agency or agent in the Philippine Islands without
first securing a license issued by the director of labor and duly approved by the
secretary of the corresponding department.
Sec . 4. Application.— The application for the license shall be in writing and
shall be filed with the director of labor. It shall contain the full name of the
applicant; his age; whether he is single or married; his residence, giving street
name and house number; the name or names of the recruiter or agent or recruiters
or agents to be employed by the agency for its outside activities; whether the
applicant is the only person interested in the business to be established or whether
there are other persons interested in the same, in which case the names and
personal circumstances of such other persons shall also be stated; and the place,
street, and number of the premises where the agency is to be established. If the
applicant is a corporation or duly registered company or partnership, the applica­
tion shall contain the names and addresses of the president, treasurer, and secre­
tary thereof, or of the officers performing their duties, though under different
denominations. If the applicant is a partnership or unregistered company,
the application shall contain the names and addresses of all its members. The
application shall be subscribed and sworn to by the applicant or applicants if they
are natural persons, and in case of a corporation or registered company, by the
president or chief thereof, and shall be attested by the secretary, under the seal
of the corporation or company, and if it is not registered, the application shall be
subscribed and sworn to by all the members.
161




162

TEXT OF T H E LAW S

Sec. 5. Money and bond to accompany application.— The application shall be
accompanied by the necessary sum to pay the tax for the period to be covered
by the license, in accordance with the schedule contained in subsections (a), (b),
and (c) of section 7 of this act, which sum shall be refunded to the applicant in
case his application is denied. The application shall further be accompanied by
a bond subscribed by the applicant and by two or more solvent and reputable
sureties or by a reputable fidelity bond company, in a penal sum of not less than
3,000 nor more than 10,000 pesos, in the discretion of said director, conditioned
upon the applicant complying strictly with all the provisions of this act and of
any other acts and regulations now existing or which may hereafter be promul­
gated, relative to employment agencies or offices and the operation of such
agencies or offices, and upon the applicant paying any penalty imposed upon him
for the violation of any of the provisions of this act or other pertinent laws and
regulations or any damages which he may be sentenced to pay by a competent
court.
The director of labor shall furnish to any applicant, upon payment of 1 peso,
a certified copy of any bond registered in his bureau, and such copy shall be
prima facie evidence of the bond in any court of justice.
Sec. 6. Posting of notice.— Immediately after filing the application, the appli­
cant shall post in such public places as the director of labor may designate, a
notice of the filing of the application and the contents thereof. Any person may
make written objection to the application, stating just and reasonable grounds
therefor which, if found true, shall be sufficient cause for the refusal of the license.
In case any objection is received, the director of labor, upon written notice to
the applicant and the objector, shall designate the date, hour, and place for the
hearing of the application. For the purposes of this hearing and in investigations
of matters related with this act, the director of labor is hereby authorized to
issue subpenas and subpenas duces .tecum, administer oaths, and take affidavits.
Sec. 7. Issuance of license.— When all requisites for the issuance of the license
have been complied with, the director of labor shall issue such license and register
the same in his office, upon payment by the applicant of the proper tax, in
accordance with the following schedule:

(а) If the agency is to be established in the city of Manila, he shall pay a tax
of 100 pesos per annum;
(б) If the agency is to be established in a Province, he shall pay a tax of 50
pesos per annum;
(c) If the agency is also to engage in the business of procuring or furnishing
for foreign countries individuals other than those included in section 1 of act
numbered 2486, he shall pay a tax of 1,500 pesos if it is to be established in the
Provinces, and of 2,500 pesos if it is to be established in the city of Manila;
(d) In addition to the taxes above mentioned, the sum of 25 pesos shall be paid
annually to the treasurer of the city of Manila or of the Province in which the
agency is to be established; and
(e) The director of labor shall issue an appointment over his signature and the
dry seal of his bureau, to each licensee and each of the persons employed as his
recruiters or agents, and for each such appointment the sum of 1 peso shall be paid.
Sec. 8. Moneys payable to treasury.— All moneys collected under the provisions of
this act, insofar as they are not payable to the treasurer of the city of Manila
or of the Province in which the agency is established in accordance with the
provisions of subsection (d) of section 7 of this act, shall be covered into the
insular treasury.
Sec. 9. Effective date of license.— Each license or license certificate shall take
effect on the first day of the month in which it is issued, and shall expire on
December 31 of the year in which it was issued, and an application for renewal
shall be necessary if such is desired by the licensee. The license shall be valid
only in the Province or Provinces specified therein. It shall contain the name or
names of the licensees; the sitio, barrio, street, number of the house, story thereof,
municipality, and Province in which the establishment of the agency is authorized,
the number of the license, and the date on which it was issued. Such license shall
not be used directly or indirectly by any person other than the one in whose
favor it was issued, nor at any place other than that stated in the license, nor
shall it be transferred, conveyed, or assigned to another person.
The license shall be displayed at all times in a conspicuous and suitable place
in the agency, and the appointments shall be exhibited at the request of any
person in relation with the business of the agency or the employees thereof, of
the director of labor or his delegates, or of any peace officer.




ADDENDUM

163

Sec. 10. Agency forbidden, when.— No agency shall be established in a hotel
or boarding house or building where liquors or intoxicating beverages are sold.

The licensee may establish barracks for the temporary accommodation of ap­
plicants for employment even in Provinces or municipalities other than those in
which his agency is established, provided such barracks are regulated by rules
submitted by the licensee and approved by the director of labor.
Sec . 11. Valid contracts.— In order that any contract between the agent or
recruiter and the applicant for employment, work, or a position may be valid,
it shall be written in a language or dialect known to the latter and shall be exe­
cuted before any clerk of court of first instance or justice of the peace, who shall
not charge any fee for his services or for preparing the contract. It shall be the
duty of the clerk of court or justice of the peace to carefully explain to the con­
tracting parties the scope and effects of the contract, to satisfy himself regarding
the correctness of any debt or obligation set forth in such contract, including
the fees of the agent or recruiter, and to sign the contract certifying in the
acknowledgment clause thereof that the provisions of this section have been
complied with. Any failure to comply with this obligation shall be sufficient
cause for reprimand and removal from office.
Sec. 12. Register to be kept.— It shall be the duty of every licensee to keep a
register approved by the director of labor, setting forth in official language, the
date of the application for employment of each applicant, the name and address
of the applicant to whom employment is promised or offered, the sum received
for fees, the employment secured for him, and, whenever possible, the names and
addresses of known persons acquainted with the applicant. He shall also keep
a separate register, which shall also be approved by the director of labor, setting
forth, in official language, the name and address of each applicant for employees,
the date of his application, the kind of employee or laborer requested, the names
of the persons sent, whether the same were employed or not, and the sum received
as fees.
Sec. 13. Open for inspection.— The registers mentioned in the next preceding
section shall be open during office hours for inspection or supervision by the
director of labor or his deputies or any peace officer.
Sec. 14. Posting of license.— Each licensee shall post his license in a conspic­

uous place in his office or agency, together with a table of the fees to be charged
for all and each of his services. The table of fees shall be printed in the local
dialect, English, and Spanish on a card measuring not less than 20 centimeters
by 30 centimeters, in type not smaller than 18 point, and shall bear the approval
of the director of labor.
Sec. 15. Notice as to fees.— The table referred to in the next preceding section
shall contain a notice as follows:

(1) That the fees that may be collected from the applicant for employment,
a position, or work shall not exceed 20 per centum of his wages during the first
year of his employment, to be collected only when such applicant has secured
the employment, position, or work applied for and has received his wages for
the first month. The fees shall be paid in monthly installments of 20 per centum
of the monthly wages until such fees shall have been paid in full.
(2) That likewise, 75 per centum of the money paid by an applicant for em­
ployees, laborers, or workmen will be refunded if he has not been accommodated
within 15 days after the acceptance of the application. If the employee, laborer,
or workman furnished by the employment agent has left the service before
having served at least 1 month, without having been dismissed, it shall be the
duty of said agent to replace such employee within 15 days or refund to the
interested party 75 per centum of the fees received.
Sec . 16. Content of receipt.— Any receipt issued to an applicant shall have
section 15 of this act printed on its back.
Sec . 17. Dividing fees.— No licensee shall divide the fees charged by him
with contractors, contractor’s agents, employers, or employer’s agents to whom
applicants for employment are sent or to be sent.
Sec . 18. Duty of director of labor.— It shall be the duty of the director of labor
to regulate the activities of private employment agencies and inspect either per­
sonally or through his agents, deputies, or inspectors the aforesaid agencies as
well as their offices, buildings, and barracks, and records, books, and other
documents, certifying after each inspection in what condition he found the same.
Sec. 19. Act not applicable.— This act shall not be applicable to persons who,
while employed by a plantation, estate, or factory owner and without being
engaged independently and exclusively in the recruiting business, engage in the
work of looking for and hiring laborers for his plantation, estate, or factory:




164

TEXT OF THE LAWS

Provided, That it shall be the duty of such plantation, estate, or factory owner
to furnish the bureau of labor with a list of the agents or employees designated
by him for recruiting laborers for his plantation, estate, or factory.
Sec . 20. Forbidden acts.— It shall be unlawful for any licensee:
(а) To charge or accept himself or through another, for his services, any sum
greater than that specified in the schedule prescribed in this act, or to make the
employee, laborer, or servant pay an imaginary debt or a sum greater than that
actually received as a loan or advance.
(б) To give, knowingly and voluntarily, any false notice, or voluntarily deceive
any applicant for employment or employees with false information.
(c) To induce or attempt to induce a person already employed to quit his
employment in order to offer him to another, through his agency.
(d) To attempt to influence or induce any person, corporation, or company
not to admit in its service any employee, laborer, or workman who has not
applied for employment, work, or a position through his agency.
(e) To assist in the admission as employee, servant, or laborer of any minor
without the written consent of his father, mother, guardian, or person in charge,
in default of a father, mother, or guardian.
(/) To send, direct, or take any woman to a house of ill fame or expose her to
being corrupted.
Sec. 21. Violations.— Any violation of the provisions of this act shall be pun­
ished by a fine of not less than 25 pesos nor more than 200 pesos, or by imprison­
ment for not less than 1 month nor more than 6 months, or both, in the discretion
of the court: Provided, That in case of the violation of subsection (/) of the next
preceding section, the penalty shall be imprisonment for not less than 6 months
nor more than 6 years: Provided, further, That the court may in its discretion
impose as additional penalty for any violation of this act the cancellation of the
license of the violator, who shall be permanently disqualified from obtaining any
license.
Sec. 22. Criminal liability.— In case the violation of any of the provisions o f
this act is committed by any company, firm, or corporation the president, director,
administrator, or manager of such company, firm, or corporation shall be crim­
inally liable for such violation.

S e c . 23. Construction.— None of the provisions of this act shall be construed
as amending or repealing the provisions of act numbered 2486 as amended by
acts number 2541 and 3148.
Sec. 24. Preparation of regulations.— Subject to the approval of the department

head concerned, the director of labor shall prepare the regulations and blank forms
necessary to carry out the purposes of this act.
Sec. 25. Effective date.— This act shall take effect on January 1, 1933.




U .S . GOVERNMENT PRINTING ttF F iC E : t 9 3 »

LIST OF BULLETINS OF THE BUREAU OF LABOR STATISTICS
The following is a list of all bulletins of the Bureau of Labor Statistics published since
July, 1912, except that in the case of bulletins giving the results of periodic surveys of the
bureau only the latest bulletin on any one subject is here listed
A complete list of the reports and bulletins issued prior to July, 1912, as well as the bulle­
tins published since that date, will be furnished on application. Bulletins marked thus ( * )
are out of print.

.

Conciliation and arbitration (including strikes and lockouts).
♦No. 124. Conciliation and arbitration in the building trades of Greater New York.
[1 9 1 3 .]
♦No. 133. Report of the industrial council of the British Board of Trade on its inquiry
into industrial agreements. [1 9 1 3 .]
♦No. 139. Michigan copper district strike. [1914.]
♦No. 144. Industrial court of the cloak, suit, and skirt industry of New York City.
[1 9 1 4 .]
♦No. 145. Conciliation, arbitration, and sanitation in the dress and w aist industry of
New York City. [1 9 1 4 .]
♦No. 191. Collective bargaining in the anthracite coal industry. [1 9 1 6 .]
•No. 198. Collective agreements in the men’s clothing industry. [1 9 1 6 .]
No. 233. Operation of the industrial disputes investigation act of Canada. [1 9 1 8 .]
No. 255. Joint industrial councils in Great Britain. [1 9 1 9 .]
No. 283. H istory of the Shipbuilding Labor Adjustment Board, 1 9 1 7 to 1919.
No. 287. National War Labor B oard : History o f its formation, activities, etc.
[1 9 2 1 .]
♦No. 303. Use of Federal power in settlem ent of railway labor disputes. [1 9 2 2 .]
No. 341. Trade agreement in the silk-ribbon industry of New York City. [1 9 2 3 .]
No. 402. Collective bargaining by actors. [19 2 6 .]
No. 468. Trade agreements, 1927.
No. 481. Joint industrial control in the book and job printing industry. [1 9 2 8 .]
Cooperation.
No. 313. Consumers* cooperative societies in the United States in 1920.
No. 314. Cooperative credit societies (credit unions) in America and in foreign
countries. [1 9 2 2 .]
No. 437. Cooperative movement in the United States in 19 2 5 (other than agricul­
tural).
No. 531. Consumers', credit, and productive cooperative societies, 1929.
Employment and unemployment.
♦No. 109. S tatistics of unemployment and the work of employment offices in the
United States. [1 9 1 3 .]
♦No. 172. Unemployment in New York City, N. Y. [1 9 1 5 .]
♦No. 183. Regularity of employment in the women’s ready-to-wear garment industries.
[1 9 1 5 .]
♦No. 195. Unemployment in the United States. [1 9 1 6 .]
♦No. 196. Proceedings of Employment Managers’ Conference, held a t Minneapolis,
Minn., January 19 and 20, 1916.
♦No. 202. Proceedings of the conference of Employment Managers’ Association of
Boston, Mass., held May 10, 1916.
♦No. 206. The B ritish system of labor exchanges. [1916.]
♦No. 227. Proceedings of Employment Managers’ Conference, Philadelphia, Pa., April
2 and 3, 1917.
♦No. 235. Employment system of the Lake Carriers’ Association. [ 1 9 1 8 ].
♦No. 241. Public employment offices in the United States. [1 9 1 8 .]
♦No. 247. Proceedings of Employment Managers’ Conference, Rochester, N. Y., May
9-11, 1918.
"No. 310. Industrial unemployment: A statistical study of its extent and causes.
[1 9 2 2 .]
No. 409. Unemployment in Columbus, Ohio, 19 2 1 to 1925.
No. 542. Report o f the Advisory Committee on Employment Statistics. [1 9 3 1 .]
No. 544. Unemployment-benefit plans in the United States and unemployment insur­
ance in foreign countries. [1931.J




<
l>

Employment and unemployment— Continued.
♦No. 553. Fluctuation in employment in Ohio, 1914 to 1929.
No. 555. Social and economic character of unemployment in Philadelphia, April,
1930.
Foreign labor laws.
♦No. 142. Adm inistration of labor laws and factory inspection in certain European
countries. [1 9 1 4 .]
No. 494. Labor legislation of Uruguay. [1929.]
No. 510. Labor legislation of Argentina. [1930.]
No. 529. Workmen’s compensation legislation of the Latin American countries.
[1 9 3 0 .]
No. 549. Labor legislation of Venezuela. [1931.]
No. 554. Labor legislation of Paraguay. [1 9 3 1 .]
No. 559. Labor legislation of Ecuador. [19 3 1 .]
No. 569. Labor legislation of Mexico. [1932.]
Housing.
♦No. 158. Government aid to home owning and housing o f working people in foreign
countries. [1 9 1 4 .]
No. 263. Housing by employers in the United States. [19 2 0 .]
No. 295. Building operations in representative cities in 1920.
No. 545. Building operations in the principal cities of the United States in [1 9 2 1 to]
1930.
Industrial accidents and hygiene.
♦No. 104. Lead poisoning in potteries, tile works, and porcelain-enameled sanitary
ware factories. [1 9 1 2 .]
No. 120. H ygiene of painters' trade. [1 9 1 3 .]
♦No. 127. Dangers to workers from dusts and fumes, and methods of protection.
[1 9 1 3 .]
♦No. 141. Lead poisoning in the sm elting and refining of lead. [1 9 1 4 .]
♦No. 157. Industrial accident statistics. [1 9 1 5 .]
♦No. 165. Lead poisoning in the manufacture of storage batteries. [1 9 1 4 .]
♦No. 179. Industrial poisons used in the rubber industry. [1 9 1 5 .]
No. 188. Report of British departmental committee on the danger in the use of lead
in the painting of buildings. [1 9 1 6 .]
♦No. 201. Report of the committee on statistics and compensation insurance cost of
the International Association of Industrial Accident Boards and Commis­
sions. [1 9 1 6 .]
No. 209. H ygiene of the printing trade. [1917.]
♦No. 219. Industrial poisons used or produced in the manufacture of explosives.
[1 9 1 7 .]
No. 221. Hours, fatigue, and health in British munition factories. [1 9 1 7 .]
No. 230. Industrial efficiency and fatigue in British munition factories. [1 9 1 7 .]
♦No. 231. M ortality from respiratory diseases in dusty trades (inorganic d u sts).
[1 9 1 8 .]
♦No. 234. The safety movement in the iron and steel industry, 1 907 to 1917.
No. 236. Effects of the air hammer on the hands of stonecutters. [1 9 1 8 .]
♦No. 249. Industrial health aod efficiency. F inal report of British Health of Munition
Workers’ Committee. [1 9 1 9 .]
♦No. 251. Preventable death in the cotton-manufacturing industry. [1 9 1 9 .]
No. 256. Accidents and accident prevention in machine building. [1 9 1 9 .]
No. 267. Anthrax as an occupational disease. [1 9 2 0 .]
No. 276. Standardization of industrial accident statistics. [1 9 2 0 .]
♦No. 280. Industrial poisoning in making coal-tar dyes and dye intermediates.
[1 9 2 1 .]
♦No. 291. Carbon monoxide poisoning. [1 9 2 1 .]
No. 293. The problem of dust phthisis in the granite-stone industry. [1 9 2 2 .]
No. 298. Causes) and prevention of accidents in the iron and steel industry, 1 9 101919.
No. 306. Occupation hazards and diagnostic s ig n s : A guide to impairments to be
looked for in hazardous occupations. [1 9 2 2 .]
No. 392. Survey of hygienic conditions in the printing trades. [1 9 2 5 .]
No. 405. Phosphorus necrosis in the manufacture of fireworks and in the prepara*
tion of phosphorous. [1 9 2 6 .]
No. 427. H ealth survey of the printing trades, 1 9 2 2 to 1925.




(I I )

Industrial accidents and hygiene— Continued.
No. 428. Proceedings of the Industrial Accident Prevention Conference, held at
Washington, D. C., July 14-16, 1926.
No. 460. A new test for industrial lead poisoning. [1928.]
No. 466. Settlem ent for accidents to American seamen. [1 9 2 8 .]
No. 488. Deaths from lead poisoning, 1925-1927.
No. 490. Statistics of industrial accidents in the United States to the end of 1927.
No. 507. Causes of death, by occupation. [1 9 2 9 .]
Industrial relations and labor conditions.
No. 237. Industrial unrest in Great Britain. [1 9 1 7 .]
♦No. 340. Chinese migrations, with special reference to labor conditions. [1 9 2 3 .]
♦No. 349. Industrial relations in the West Coast lumber industry. [1 9 2 3 .]
♦No. 361. Labor relations in the Fairmont (W. Ya.) bituminous-coal field. [1 9 2 4 .]
No. 380. Postwar labor conditions in Germany. [1 9 2 5 .]
No. 383. Works council movement in Germany. [1 9 2 5 .]
No. 384. Labor conditions in the shoe industry in Massachusetts, 1920-1924.
No. 399. Labor relations in the lace and lace-curtain industries in the United States.
[1 9 2 5 .]
No. 534. Labor conditions in the Territory of Hawaii, 1929-1930.
Labor laws of the United States (including decisions of courts relating to labor).
♦No. 211. Labor laws and their administration in the Pacific States. [1 9 1 7 .]
No. 229. Wage payment legislation in the United States. [1 9 1 7 .]
No. 285. Minimum wage laws of the United S ta te s : Construction and operation.
[1 9 2 1 .]
No. 321. Labor laws that have been declared unconstitutional. [1 9 2 2 .]
No. 322. Kansas Court of Industrial Relations. [1 9 2 3 .]
No. 343. Laws providing for bureaus of labor statistics, etc. [1 9 2 3 .]
No. 370. Labor laws of the United States, with decisions of courts relating thereto.
[1 9 2 5 .]
No. 408. Laws relating to payment of wages. [1 9 2 6 .]
No. 548. Decisions of courts and opinions affecting labor, 1929-1930.
No. 552. Labor legislation, 1930.
Proceedings of annual conventions of the Association of Government Officials in Industry
of the United States and Canada. (Name changed in 1928 from Association of Governmental
Labor Officials of the United States and Canada.)
♦No. 266. Seventh, Seattle, Wash., July 12-15, 1920.
No. 307. Eighth, New Orleans, La., May 2-6, 1921.
♦No. 323. Ninth, Harrisburg, Pa., May 22-26, 1922.
♦No. 352. Tenth, Richmond, Ya., May 1-4, 1923.
♦No. 389. Eleventh, Chicago, 111., May 19-23, 1924.
♦No. 411. Twelfth, Salt Lake City, Utah, August 13-15, 1925.
♦No. 429. Thirteenth, Columbus, Ohio, June 7-10, 1926.
♦No. 455. Fourteenth, Paterson, N. J., May 31 to June 3, 1927.
♦No. 480. Fifteenth, New Orleans, La., May 21-24, 1928.
No. 508. Sixteenth, Toronto, Canada, June 4-7, 1929.
No. 530. Seventeenth, Louisville, Ky., May 20-23, 1930.
No. 563. Eighteenth, Boston, Mass., May 18-22, 1931.
Proceedings of annual meetings of the International Association of Industrial Accident Boards
and Commissions.
* No. 210. Third, Columbus, Ohio, April 25-28, 1916.
No. 248. Fourth, Boston, Mass., August 21-25, 1917.
No. 264. Fifth, Madison, Wis., September 24-27, 1918.
T
♦No. 273. Sixth, Toronto, Canada, September 23-26, 1919.
No. 281. Seventh, San Francisco, Calif., September 20-24, 1920.
No. 304. Eighth, Chicago, 111., September 19-23, 1921.
No. 333. Ninth, Baltimore, Md., October 9-13, 1922.
♦No. 359. Tenth, St. Paul, Minn., September 24-26, 1923.
No. 385. Eleventh, Halifax, Nova Scotia, August 26-28, 1924.
No. 395. Index to proceedings, 1914-1924.
No. 406. Twelfth, Salt Lake City, Utah, August 17-20, 1925.
No. 432. Thirteenth, Hartford, Conn., September 14-17, 1926.
♦No. 456. Fourteenth, Atlanta, Ga., September 27-29, 1927.
No. 485. Fifteenth, Paterson, N. J., September 11-14, 1928.
161109°— 33------ 11




Proceedings of annual meetings of the International Association of Industrial Accident Boards
and Commissions.— Continued.
No. 511. Sixteenth, Buffalo, N. Y., October 8-11, 1929.
No. 536. Seventeenth, Wilmington, Del., September 22—
26, 1930.
No. 564. Eighteenth, Richmond, Va., October 5-8, 1931.
No. 577. Nineteenth, Columbus, Ohio, September 26-29, 1932.
Proceedings of annual meetings of the International Association of Public Employment
Services.
No. 192. First, Chicago, December 19 and 20. 1 913; second, Indianapolis, September
24 and 25, 1914 ; third, Detroit, July 1 and 2, 1915.
♦No. 220. Fourth, Buffalo, N. Y., July 20 and 21, 1916.
No. 311. Ninth, Buffalo, N. Y., September 7-9, 1921.
No. 337. Tenth, Washington, D. C., September 11-13, 1922.
No. 355. Eleventh, Toronto, Canada, September 4-7, 1923.
No. 400. Twelfth, Chicago, 111., May 19-23, 1924.
No. 414. Thirteenth, Rochester, N. Y., September 15-17, 1925.
No. 478. Fifteenth, Detroit, Mich., October 25-28, 1927.
♦No. 501. Sixteenth, Cleveland, Ohio, September 18-21, 1928.
No. 538. Seventeenth, Philadelphia, September 24-27, 1 9 2 9 ; Eighteenth, Toronto,
Canada, September 9-12, 1930.
Productivity of labor.
No. 356. Productivity costs in the common-brick industry. [1 9 2 4 .]
No. 360. Time and labor costs In manufacturing 100 pairs of shoes, 1923.
No. 407. Labor cost of production and wages and hours of labor in the paper boxboard industry. [1 9 2 6 .]
♦No. 412. Wages, hours, and productivity in the pottery industry, 1925.
No. 441. Productivity of labor in the glass industry. [1927.]
No. 474. Productivity of labor in merchant blast furnaces. [1 9 2 8 .]
No. 475. Productivity of labor in newspaper printing. [1 9 2 9 .]
No. 550. Cargo handling and longshore labor conditions. [1 9 3 2 .]
Retail prices and cost of living.
♦No. 121. Sugar prices, from refiner to consumer. [1913.]
♦No. 130. Wheat and flour prices, from farmer to consumer. [1 9 1 3 .]
♦No. 164. Butter prices, from producer to consumer. [1 9 1 4 .]
♦No. 170. Foreign food prices as affected by the war. [1 9 1 5 .]
No. 357. Cost of living in the United States. [1924.]
No. 369. The use of cost-of-living figures in wage adjustments. [1 9 2 5 .]
No. 495. Retail prices, 1 890 to 1928.
Safety codes.
No. 336.
No. 350.
♦No. 351.
No. 375.
♦No. 382.
No. 410.
♦No. 430.
No. 447.
No. 451.
No. 463.
No. 509.
No. 512.
No. 519.
No. 527.
No. 556.

Safety code for the protection of industrial workers in foundries.
Rules governing the approval of headlighting devices for motor vehicles.
Safety code for the construction, care, and use of ladders.
Safety code for laundry machinery and operations.
Code of lighting school buildings.
Safety code for paper and pulp mills.
Safety code for power presses and foot and hand presses.
Safety code for rubber m ills and calenders.
Safety code for forging and hot-metal stamping.
Safety code for mechanical power-transmission apparatus— first revision.
Textile safety code.
Code for identification of gas-mask canisters.
Safety code for woodworking plants, as revised 1930.
Safety code for the use, care, and protection of abrasive wheels.
Code of lig h tin g : Factories, mills, and other work places. (Revision of
1930.)
No. 562. Safety codes for the prevention of dust explosions.

Vocational and workers* education.
♦No. 159. Short-unit courses for wage earners, and a factory school experiment
[1 9 1 5 .]
♦No. 162. Vocational education survey of Richmond, Va. [1 9 1 5 .]
♦No. 199. Vocational education survey of Minneapolis, Minn. [1 9 1 7 .]
No. 271. Adult working-class education in Great Britain and the United States.
[1 9 2 0 .]
No. 459. Apprenticeship in building construction. [1 9 2 8 .]




(IV)

Wages and hours of labor.
♦No. 146. Wages and regularity of employment and standardization of piece rates in
the dress and w aist industry of New York City. [1 9 1 4 .]
♦No. 147. Wages and regularity of employment in the cloak, suit, and skirt industry.
[1 9 1 4 .]
No. 161. Wages and hours of labor in the clothing and cigar industries, 1911 to
1913.
♦No. 163. Wages and hours of labor in the building and repairing of steam railroad
cars, 1907 to 1913.
♦No. 190. Wages and hours of labor in the cotton, woolen, and silk industries, 1907
to 1914.
♦No. 204. Street-railway employment in the United States. [1 9 1 7 .]
♦No. 225. Wages and hours of labor in the lumber, millwork, and furniture industries,
1915.
No. 265. Industrial survey in selected industries in the United States, 1919.
No. 297. Wages and hours of labor in the petroleum industry, 1920.
No. 356. Productivity costs in the common-brick industry. [1 9 2 4 .]
No. 358. Wages and hours of labor in the automobile-tire industry, 1923.
No. 360. Time and labor costs in manufacturing 100 pairs of shoes, 1923.
No. 365. Wages and hours of labor in the paper and pulp industry, 1923.
No. 407. Labor cost of production and wages and hours of labor in the paper boxboard industry. [1 9 2 6 .]
♦No. 412. Wages, hours, and productivity in the pottery industry, 1925.
No. 416. Hours and earnings in anthracite and bituminous-coal mining, 1922 and
1924.
No. 484. Wages and hours of labor of common street laborers, 1928.
No. 499. H istory of wages in the United States from colonial times to 1928.
No. 502. Wages and hours of labor in the motor-vehicle industry, 1928.
No. 504. Wages and hours of labor in the hosiery and underwear industries, 1907 to
1928.
No. 514. Pennsylvania Railroad wage data. From Report of Joint Fact Finding
Committee in wage negotiations in 1927.
No. 516. Hours and earnings in bituminous-coal mining, 1929.
No. 523. Hours and earnings in the manufacture of airplanes and aircraft engines,
1929.
No. 525. Wages and hours of labor in the Portland cement industry, 1929.
No. 532. Wages and hours of labor in the cigarette-manufacturing industry, 1930.
No. 533. Wages and hours of labor in woolen and worsted goods manufacturing,
1 9 1 0 to 1930.
No. 534. Labor conditions in the Territory of Hawaii, 1929—
30.
No. 535. Wages and hours of labor in the slaughtering and meat-pacWng industry,
1929.
No. 537. Wages and hours of labor in the dyeing and finishing of textiles, 1930.
No. 539. Wages and hours of labor in cotton-goods manufacturing, 1910 to 1930.
No. 546. Wages and hours in rayon and other synthetic manufacturing, 1930.
No. 547. Wages and hours of labor in the cane-sugar refining industry, 1930.
No. 557. Wages and hours of labor in the men’s clothing industry, 1911 to 1930.
No. 560. Wages and hours of labor in the lumber industry in the United States,
1930.
No. 566. Union scales of wages and hours of labor, May 15, 1931.
No. 567. Wages and hours of labor in the hosiery and underwear industries, 1907 to
1930.
No. 568. Wages and hours of labor in the manufacture of silk and rayon goods,
1931.
No. 570. Wages and hours of labor in foundry and machine shops, 1931.
No. 571. Wages and hours of labor in the furniture industry, 19 1 0 to 1931.
No. 573. Wages and hours of labor in m etalliferous mines, 1924 to 1931.
No. 574. Technological changes and employment in the United States. [1 9 3 2 .]
No. 575. Wages and hours of labor in air transportation, 1931.
No. 576. Wages and hours of labor in the slaughtering and meat-packing industry,
1931.
No. 578. Wages and hours of labor in gasoline-filling stations and motor-vehicle
repair garages, 1931.
No. 579. Wages and hours of labor in the boot and shoe industry, 1 9 1 0 to 1932.
No. 580. Wages and hours of labor in the baking industry— bread and cake departpartments, 1931.




(V )

Welfare work.
♦No. 123. Employers’ welfare work. [1 9 1 3 .]
No. 222. Welfare work in British munition factories. [1917.]
♦No. 250. Welfare work for employees in industrial establishments in the United
States. [1 9 1 9 .]
No. 458. Health and recreation activities in industrial establishments, 1926.
Wholesale prices.
♦No. 284. Index numbers of wholesale prices in the United States and foreign coun
tries. [1 9 2 1 .]
♦No. 453. Revised index numbers of wholesale prices, 1923 to July, 1927.
No. 572. Wholesale prices, 1931.
Women and children in industry.
♦No. 116. Hours, earnings, and duration of employment of wage-earning women in
selected industries in the District of Columbia. [1 9 1 3 .]
♦No. 117. Prohibition of night work of young persons. [1 9 1 3 .]
♦No. 118. Ten-hour maximum working-day for women and young persons. [1913.]
No. 119. Working hours of women in the pea canneries of Wisconsin. [1 9 1 3 .]
♦No. 122. Employment of women in power laundries in Milwaukee. [1 9 1 3 .]
♦No. 160. Hours, earnings, and conditions of labor of women in Indiana mercantile
establishm ents and garment factories. [1 9 1 4 .]
♦No. 175. Summary of the report on condition of woman and child wage earners in
the United States. [19 1 5 .]
♦No. 176. Effect of minimum-wage determinations in Oregon. [1 9 1 5 .]
♦No. 180. The boot and shoe industry in M assachusetts as a vocation for women.
[1 9 1 5 .]
♦No. 182. Unemployment among women in department and other retail stores of
Boston, Mass. [1 9 1 6 .]
No. 193. Dressmaking as a trade for women in Massachusetts. [1 9 1 6 .]
No. 215. Industrial experience of trade-school girls in Massachusetts. [1 9 1 7 .]
♦No. 217. Effect of workmen’s compensation laws in diminishing the necessity of
industrial employment of women and children. [1 9 1 8 .]
♦No. 223. Employment of women and juveniles in Great Britain during the war.
[1 9 1 7 .]
No. 253. Women in the lead industries. [1 9 1 9 .]
No. 467. Minimum-wage legislation in various countries. [1 9 2 8 .]
No. 558. Labor conditions of women and children in Japan. [1 9 3 1 .]
Workmen’s insurance and compensation (including laws relating thereto).
♦No. 101. Care of tuberculous wage earners in Germany. [1 9 1 2 .]
♦No. 102.’ British national insurance act, 1911.
No. 103. Sickness and accident insurance law in Switzerland.
[1 9 1 2 .]
No. 107. Law relating to insurance of salaried employees in Germany. [1 9 1 3 .]
♦No. 155. Compensation for accidents to employees of the United States. [1 9 1 4 .]
♦No. 212. Proceedings of the conference on social insurance called by the Interna­
tional Association of Industrial Accident Boards and Commissions,
Washington, D. C., December 5-9, 1916.
♦No. 243. Workmen’s compensation legislation in the United States and foreign coun­
tries, 1917 and 1918.
No. 301. Comparison of workmen’s compensation insurance and administration.
[1 9 2 2 .]
No. 312. National health insurance in Great Britain, 1911 to 1921.
♦No. 379. Comparison of workmen’s compensation laws of the United States as of
January 1, 1925.
No. 477. Public-service retirement systems, United States and Europe. [1 9 2 9 .]
No. 496. Workmen’s compensation legislation of the United States and Canada as of
January 1, 1929. (W ith text of legislation enacted in 1 927 and 1 928.)
No. 529. Workmen’s compensation legislation of the Latin American countries.
[1 9 3 0 .]
Miscellaneous series.
♦No. 174. Subject index of the publications of the United States Bureau of Labor
S tatistics up to May 1, 1915.
No. 208. Profit sharing in the United States. [1 9 1 6 .]
No. 242. Food situation in central Europe, 1917.
No. 254. International labor legislation and the society of nations. [1 9 1 9 .]




(V I)

Miscellaneous series— Continued.

No. 268. H istorical survey of international action affecting labor. [1 9 2 0 .]
No. 282. Mutual relief associations among Government employees in Washington,
D. C. [1 9 2 1 .]
No. 319. The Bureau of Labor S ta tistic s: Its history, activities, and organization.
[1 922.]
No. 326. Methods of procuring and computing statistical information of the Bureau
of Labor Statistics. [1923.]
No. 342. International Seamen’s Union of A m erica: A study of its history and
problems. [1923.]
No. 346. Humanity in government. [1 9 2 3 .]
No. 372. Convict labor in 1923.
No. 386. Cost of American almshouses. [1 9 2 5 .]
No. 398. Growth of legal-aid work in the United States. [1 9 2 6 .]
No. 401. Family allowances in foreign countries. [1926.]
No. 461. Labor organizations in Chile. [1 9 2 8 .]
*No. 465. Beneficial activities of American trade-unions. [1 9 2 8 .]
No. 479. A ctivities and functions of a State department of labor. [1 9 2 8 .]
No. 483. Conditions in the shoe industry in Haverhill, Mass., 1928.
*No. 489. Care of aged persons in United States. [1 9 2 9 .]
No. 505. Directory of homes for the aged in the United States. [19 2 9 .]
No. 506. Handbook of American trade-unions : 1 929 edition.
No. 518. Personnel research agen cies: 1930 edition.
No. 541. Handbook of labor sta tis tic s : 1931 edition.
No. 558. Labor conditions of women and children in Japan. [1 9 3 1 .]
No. 561. Public old-age pensions and insurance in the United States and in foreign
countries. [1 9 3 2 .]
No. 565. Park recreation areas in the United States, 1930.




(V II)

Serial No. R. 80.
LAWS RELATING TO EMPLOYMENT AGENCIES IN THE UNITED
STATES ENACTED IN 1933

Supplement to United States Bureau of Labor Statistics’
Bulletin No. 581
Since the release, in midsummer of 1933, of the Bureau of Labor
Statistics’ Bulletin No. 581, relating to the laws on public and private
employment agencies, including emigrant agents, several minor
changes have been made in the laws. The purpose of this supple­
ment is to bring up to January 1, 1934, the material in Bulletin No.
581. The changes are shown in the following paragraphs.
CALIFORNIA
[By ch. 102 (Assem. Con. Res. No. 45) the legislature authorized the commis­
sioner of the bureau of labor statistics to establish a free employment agency in
Oakland to be located within the area lying west of Market Street and south of
Twentieth Street. By ch. 114 (S.Con.Res. No. 38) the legislature authorized
the establishment of such an agency in Bakersfield.]
See U.S. Bureau of Labor Statistics Bui. No. 581, p. 9, for ch. 302, acts of 1915.

FLORIDA
[By ch. 15960 the legislature passed an emergency act, in effect until Jan. 1,
1934, authorizing the county commissioners of each county having a population
of 155,000 inhabitants to appropriate $200 per month for the purpose of operating
a free county employment agency for the indigent poor of the county.]
MICHIGAN
Act No. 20
[Secs. 8584, 8589, and 8591 of the Comp. Laws of 1929 were amended to read
as follows:]
S e c t i o n 8584. Administrator.— The Governor shall on or before November 1,
1929, appoint an administrator of this act. The administrator shall be known
as the State superintendent of private employment bureaus, and shall operate
under the direction of the department of labor and industry. His term of office
shall be coincidental with the term of office of the Governor. It shall be the duty
of said State superintendent of private employment bureaus to administer this
act and he or his deputies shall have the power and authority of sheriffs and other
peace officers to make arrests for the violation of the provisions of this act. It
shall also be his duty to investigate all complaints against employment bureaus
and to take such action as he may deem necessary to prevent fraud, to inspect
during business hours all private employment agencies, to keep a book of regis­
tration in which shall be entered the names and places of business of all persons
to whom a license or permit is issued under this act, to examine all applications
for licenses and permits and pass judgment upon them, to issue the classes of
licenses and permits as hereinafter provided for. The State superintendent of
private employment bureaus shall receive such salary as the legislature may ap­
propriate. He may employ an assistant at such salary as the legislature shall
appropriate. Said superintendent of private employment bureaus at the time
of his appointment or during the tenancy of his office as such shall not be in the
employ of the State or any other municipalities thereof in any other capacity.
He shall establish an office in the city of Detroit and before entering upon the
duties of his office he shall give a bond to the people of the State of Michigan for
46365—34




2

the faithful receipt and accounting of all moneys received by him in the perform­
ance of his duties, the amount to be fixed by the secretary of state undersigned
by a surety company at the expense of the State treasury and to be approved by
the auditor general and attorney general, said bond shall be filed in the office
of the secretary of state.
Sec. 8589. Application for permit; investigation.— Every applicant for a permit
shall file with the State superintendent of private employment bureaus a written
application in the form required by him. Upon filing of an application for a
permit, provided for in section 3, the State superintendent of private employment
bureaus shall cause an investigation to be made. He shall refuse to grant a
permit for any good and sufficient reason within the meaning of this act. If an
application for a permit is issued to the applicant it shall state the name and
address of the institution, organization, firm, person, corporation, or association
to which such permit [is] issued, the name of the person who is to have immediate
charge, the name under which the bureau or department is to be carried on, and
the address and the date and number of the permit. Every such permit unlesspreviously revoked shall remain in force until December 31 next after its issue.
Every application for a permit shall be granted or refused within 30 days from
date of filing. Application forms for renewal of permits shall be furnished by the
State superintendent of private employment bureaus to each applicant on or
before November 15 of each year.
(а) A charge of $5 shall be made for the issuance of such a permit. Such
permit fees shall be turned over by the State superintendent of private employ­
ment bureaus to the State treasury and credited to the general fund. Every
permit shall be hung in a conspicuous place in the main office where the bureau
or department conducted under such permit is carried on;
(б) Every holder of a permit shall keep or cause to be kept a record of the name
and address of every employee directed to or placed in employment together with
the kind of employment to which the employee was directed or which he accepted,
a record of the names and addresses of all employers to whom an employee is
directed or with whom employment is accepted. Such records shall also contain
the date of every transaction. All such records shall be kept for at least 1 year
and shall be open at all reasonable times to the inspection of the State superin­
tendent of private employment bureaus at the place where said bureau or depart­
ment is conducted for the purpose only of satisfying said State superintendent
of private employment bureaus that the records are being kept in conformity
with this act;
(c)
Provided, That this act and all sections thereof shall not apply to any
person who maintains an employment office for his own intra-organization
purposes exclusively, nor to associations of employers or labor organizations
whether voluntarily associated or incorporated, which are furnishing help or
employment for their own members exclusively.
Sec . 8591. Fees, schedules, etc.— The license fee shall be as follows: In all
cities or towns having a population of less than 100,000, the license fee shall be
$50. In all cities having a population between 100,000 and 250,000 the license
fee shall be $75. In all cities having a population between 250,000 and 500,000,
the license fee shall be $100. In all cities having a population of more than
500,000 the license fee shall be $200. Such population to be based on and de­
termined by the last preceding Federal census of such cities. Such license fees
shall be turned over by the State superintendent of private employment bureaus
to the State treasury and credited to the general fund.
The above sections supersede secs. 8584, 8689, and 8591 of the Comp. Laws of 1929, as printed in U.S.
Bureau of Labor Statistics Bui. No. 581 (pp. 79 and 81).

OREGON
C hapter 132

[Secs. 49-803 and 49-804, Oregon Code, 1930 (pertaining to fees of employment
agents), were amended to read as follows:]
Section 49-803. Fees.— No person acting as an employment agent or conducting
the business of an employment agency shall charge or collect as a fee or compen­
sation for such service in excess of the following:
First, for positions for females where the salary or wages of the position
secured is not to exceed $50 per month, the fee or compensation of the em­
ployment agent shall not exceed 5 percent of 1 month's earnings in said position,
and where the salary or wages of the position secured is more than $50 and not to




3
exceed $100 per month, the fee or compensation shall not exceed $5, and where the
salary is more than $100 per month the fee shall not exceed $7.50.
Second, for positions for males where the salary or wages of the position secured
is not to exceed $60 per month the fee or compensation of the employment agent
shall not exceed 5 percent of 1 month’s earnings in said position.
Third, for positions for males where the salary or wages of the position secured
is more than $60 and not to exceed $100 per month, the fee or compensation of the
employment agent shall not exceed $5.
Fourth, for positions for males where the salary or wages of the position secured
is more than $100 per month, the fee or compensation shall not exceed $7.50. In
no case shall board be included as part of the salary or wages.
Sec. 49-804. License fees; bonds.— The commissioner of labor statistics and
inspector of factories and workshops may, if the applicant for such license be a
fit and proper person to conduct an employment agency, and upon the payment
of an annual license fee and filing of a bond in the amounts hereinafter provided,
when such bond has been approved by him, issue to the employment agent a
license for the period of 1 year. The amount of the license fee to be paid and the
bond to be furnished by the said employment agent shall be in proportion to the
population of the city or town in which the employment agent has its principal
place of business according to the last census of the United States, and as indicated
by the following schedule:
Population

License

Bond

Cities of 100,000 and over............................
Cities of 50,000 to 100,000.................. ..........
Cities of less than 50,000.............................

$100
10
0

$3,000

50

2,000
1,000

If the employment agency for which the application is made is not to be oper­
ated in any incorporated city or town, then the applicant shall file the minimum
bond and pay the minimum license above specified. No other license fee shall
be required of any such licensee by any city, town, county, or other political sub­
division thereof: Provided, however, Female employment agents, as defined in
section 49- 801, Oregon Code, 1930, shall only pay the sum of $50 as annual license
fee and furnish bond in the sum of $1,000. That of the fund made up of the license
fees as provided herein, $600 thereof, or so much of said sum as may be necessary,
hereby is set aside and appropriated annually to and for the use of the commis­
sioner of the bureau of labor statistics and inspector of factories and workshops
to defray the expenses of investigating and adjusting grievances made as to the
violation of this act by employers, employees, or employment agencies.
The above sections supersede secs. 49-803 and 49-804, ch. 8, Oregon Code 1930, as printed in U.S. Bureau of
Labor Statistics Bui. No. 581 (p. 120).

Acceptance of Federal Act Creating a National Employment System
The following States have accepted the provisions of the Federal
employment agency law (Wagner-Peyser Act of June 6,1933,48 Stat. L.
113) by legislative action as of January 1, 1934: Colorado, Con­
necticut, Illinois, Massachusetts, New York, Ohio. Pennsylvania,
Virginia, Wisconsin, and Wyoming.
The Legislatures of Iowa and West Virginia accepted the provisions
of the act between January 1 and March 1, 1934.
See U.S. Bureau of Labor Statistics Bui. No. 581, pp. 158-160, for complete text of national employment
system law.

In 14 States (as of Feb. 1, 1934) the act has been accepted through
proclamation by the Governor: Arizona, California; Delaware,
Georgia, Indiana, Michigan, Minnesota, Missouri, New Hampshire,
New Jersey, North Carolina, Oklahoma, Nevada, Tennessee. A
Governor’s proclamation, however, is effective only until July 1, 1935.
Subsequent to that date there must be an acceptance of the act by the
legislature.



U . S . GOVERNMENT PRINTING OF FICE : 1 9 34