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U N IT E D S T A T E S D E P A R T M E N T O F L A B O R
F rances P erk in s, S ecreta ry
B U R E A U O F L A B O R S T A T IS T IC S
Isador L u b in , C om m issioner

Laws Relating to
Employment Agencies in the United States
A s o f July 1, 1937

Prepared by the
L A B O R LA W IN F O R M A T IO N SER V ICE
C H A R L E S F. S H A R K E Y , C h ief

Bulletin 7v[o. 630
September 1937

U N IT E D S T A T E S
G O V E R N M E N T P R I N T I N G OFFIC E
W A S H I N G T O N : 1937

F o r sale b y t h e S u p e rin te n d e n t o f D o cu m e n ts, W a sh in g ton , D . C.

P rice 25 cen ts

Co n ten ts
Preface________________________________________________________________
Public employment agencies____________________________________________
Federal activities__________________________________________________
Federal act creating National Employment Service_________________
Acceptance by the States of the Wagner-Peyser A ct_______________
Private employment agencies___________________________________________
Court decisions dealing with regulation of private employment agen
cies_____________________________________________________________
Emigrant agents_______________________________________________________
Text of the laws:
Public employment agencies:
Alabama______________________________________________________
Alaska________________________________________________________
Arizona_______________________________________________________
Arkansas______________________________________________________
California_____________________________________________________
Colorado______________________________________________________
Connecticut___________________________________________________
Delaware_____________________________________________________
District of Columbia__________________________________________
Florida________________________________________________________
Georgia_______________________________________________________
Hawaii__________________________ _____________________________
Idaho_________________________________________________________
Illinois________________________________________________________
Indiana_______________________________________________________
Iowa____________________________________________________
Kansas__________ *______________________________________ ______
Kentucky_____________________________________________________
Louisiana_____________________________________________________
Maine________________________________________________________
Maryland_____________________________________________________
Massachusetts________________________________________________
Michigan_____________________________________________________
Minnesota____________________________________________________
Mississippi____________________________________________________
Missouri______________________________________________________
Montana______________________________________________________
Nebraska_____________________________________________________
Nevada_______________________________________________________
New Hampshire_______________________________________________
New Jersey___________________________________________________
New Mexico__________________________________________________
New York____________________________________________________
North Carolina________________________________________________
North Dakota_________________________________________________
Ohio__________________________________________________________
Oklahoma_____________________________________________________
Oregon_______________________________________________________
Pennsylvania__________________________________________________
Philippine Islands_____________________________________________
Puerto Rico___________________________________________________
Rhode Island_________________________________________________
South Carolina_______________________________________________
South Dakota_________________________________________________
Tennessee_____________________________________________________
Texas_________________________________________________________
Utah__________________________________________________________
Vermont______________________________________________________
Virginia_______________________________________________________

h i

P age
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CONTENTS

Text of the laws— Continued.
Public employment agencies— Continued.
W ashingt o n _______________________
West Virginia_________________________________________________
Wisconsin_____________________________________________________
Wyoming_____________________________________________________
United States_________________________________________________
Private employment agencies:
Alaska________________________________________________________
Arizona_______________________________________________________
Arkansas______________________________________________________
California_____________________________________________________
Colorado______________________________________________________
Connecticut___________________________________________________
Delaware______________________________________________________
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__________________________________________________
Philippine Islands_____________________________________________
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_________________________________________________
Appendix______________________________________________________________

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PREFACE

There can be no doubt as to the great social importance of agencies
designed to bring together the “ jobless man” and the “ manless jo b .”
For many years, in this country, this function was left to the more or
less unregulated operation of private organizations. However, with
the increasing complexity of an industrial life, it came to be recognized
that, even aside from certain abuses which crept into the fee-charging
private employment agency, the problem was so vast that the entry
of the State in this field was justified and necessary.
The movement for free public employment agencies, which began
in a very modest way with the establishment of a municipal office in
Cleveland, Ohio, in 1890, spread steadily although rather slowly to
other communities and States, and culminated in 1933 in the passage
of a Federal law, usually referred to as the Wagner-Peyser Act. This
act was designed to promote the development of a national system of
employment offices.
The United States Employment Service was set up under this law
to act as a coordinating body. However, the primary initiative in
the establishment, support, and conduct of the State offices remains
with the individual States. For this reason it is very important that
the State legislation be drafted along as efficient lines as possible.
To assist the States in this work the Bureau of Labor Statistics has
prepared the present report, bringing together all of the laws, Federal
and State, regarding employment offices. Legislation for the regu
lation of private employment agencies is included.
The report was prepared by Charles F. Sharkey, of the Bureau of
Labor Statistics, with the collaboration of Ernest W. Goodrich, of the
United States Employment Service, and with the assistance of Alfred
Acee #nd Lucy R. Scott, of the Bureau.
I sador L ubin ,
Commissioner of Labor Statistics.
O c t o b e r 18, 1937.

Bulletin >[o. 630 of the
United States Bureau of Labor Statistics

Laws Relating to Employment Agencies in the
United States as o f July 1, 1937
Public Employment Agencies
Public employment agencies, sometimes designated free public
employment offices, are agencies supported by a public body— State,
county, city, town, or village. Such agencies are primarily established
for the purpose of furnishing employment to workers and labor to
employers.
The first free public employment office in the United States was a
municipal agency established in 1890 at Cleveland, Ohio. Later the
idea became a definite movement which was taken up by various States,
through their legislative bodies. The movement spread until at the
present time the majority of the States have provided for the estab
lishment of public employment offices. The growth of these institu
tions in the United States may be attributed in part to the alleged
abuses which have grown up around private agencies. At the same
time social utility and economic developments, as well as the belief
that obtaining employment for the unemployed is a proper exercise of
public authority, have played a powerful and important part in the
establishment of public employment agencies.
As established, however, not all these agencies were functioning
units. While enabling acts were adopted, some of the States made
no appropriations for the maintenance of an up-to-date, efficient
organization, and as a result the work of seeking to bring about con
tacts between the “ jobless man” and the “ manless job” has been
seriously handicapped. With the adoption of Federal-State cooper
ative relations in the maintenance and operation of State employment
offices under the Federal act of 1933, public employment agencies in the
United States entered a new stage of development.
The principle of impartial administration was enunciated when the
Supreme Court of Illinois,1 as early as 1903, declared that whenever
the public undertakes to conduct an employment office the services
rendered must be without discrimination. An act of the Illinois legis
lature (acts of 1899, p. 268), which the court declared unconstitutional,
forbade public employment agencies to furnish names of applicants
for work to employers whose workmen were on strike. Two discrimi
nations were pointed out by the court, one against employers whose
employees 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 distinc
tion was drawn “ between workmen who apply for situations to

i Matheto* V. Peovle, 202 111. 389, 67 N . E. 28.

LAWS RELATING TO EMPLOYMENT AGENCIES

employers where there is no strike or lock-out and workmen who do
not so apply and * * * between employers who may have the
misfortune to be the victims of a strike or lock-out 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, but only
to those who have not been the victims of strikes or lock-outs.” As was
said earlier 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 things of a class— it
is a special, as distinguished from a general, law.”
Federal Activities
The Federal Government entered the field of public employment
service 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 es
tablished. 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 de
siring immigration.”
In 1913, when the Department of Labor was created as a separate
executive department,2 the division of information of the Bureau of
Immigration was transferred to it. The scope of the work was en
larged 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 condi
tions, 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. In January 1918, the
Service was taken from the Bureau of Immigration and set up as a
separate agency in the United States Department of Labor. Subse
quent attempts were made to place the employment service on a more
permanent and substantial basis.
At the Seventy-first Congress (1931), a bill creating a cooperative
national employment system was passed by both the House and
Senate only to meet a presidential veto. Later in the same session,
however, the Department of Labor (46 U. S. Stat. L. 1575) was
granted an appropriation of $500,000 for its Employment Service.
As a result of the appropriation thus obtained an enlarged Federal
Employment Service was established at once with offices in every
State of the Union. This system continued until it was abolished
early in 1933.
» 37 U . S. S ta t. L . 736.

PUBLIC EMPLOYMENT AGENCIES

Federal Act Creating National Employment Service
Shortly afterwards, on June 6, 1933, a national employment system
was established by an act (48 Stat. L. 113) passed at the special session
of the Seventy-third Congress.
This law created a United States Employment Service in the
Department of Labor and supplanted a former Federal employment
service, with offices in every State, conducted independently of the
State employment service.
The new law established a national employment system in coopera
tion with the various States, including the Territories of Hawaii and
Alaska. An appropriation of $1,500,000 was 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 apportioned 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. By an act of May 10, 1935, it was provided that
in the apportionment of the amount, at least $10,000 must be granted
to each State.
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.”
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. The Federal
director is required to form State advisory councils, similarly organized.
Before any applicant is referred to a place for employment, notice
of any strikes or lock-outs must be given.
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 as the director

LAWS RELATING TO EMPLOYMENT AGENCIES

may require. The franking privilege for freo transmission of official
mail matter is extended to the United States Employment Service
and to all State employmeiit systems operating under the provisions
of the act.
The law was subsequently amended.3 All the States have now
accepted the act, thereby making possible a well integrated FederalState system of public employment offices.
Acceptance by the States of the Wagner-Peyser Act
In the list below, the States are grouped according to the year in
which the Federal law (the Wagner-Peyser Act) was accepted, together
with date and citation of the law. Ten States accepted in 1933, and
in 1935 a striking increase in the number of affiliated States was shown.
With the enactment of several laws during 1937, all of the States and
the two Territories have become affiliated with the United States
Employment Service.
1933
Colorado, Aug. 17, spec, sess., ch. 9, sec. 1; Connecticut, June 9, Cumulative Sup
plement (1931-1935) to Revised Stat. 1930, sec. 900c; Illinois, Nov. 20, 1st spec,
sess., p. 28; Massachusetts, July 22, Res. 52, p. 725; New York, Aug. 29, spec, sess.,
ch. 812, sec. 1; Ohio, July 11, p. 522; Pennsylvania, Dec. 27, spec, sess., No. 26,
sec. 1; Virginia, Sept. 2, spec, sess., ch. 13, sec. 1; Wisconsin, July 6, ch. 360, sec.
1; Wyoming, Dec. 20, spec, sess., ch. 24, sec. 1.

1934
Iowa, Jan. 10, spec, sess., ch. 16, sec. 1; Kentucky, Mar. 14, ch. 554, sec. 1;
Louisiana, July 15, No. 234, sec. 1; New Jersey, May 2, ch. 130, sec. 1; New
Mexico, Apr. 27, spec, sess., ch. 15, sec. 1; West Virginia, Jan. 26, 2d spec, sess.,
ch. 77, sec. 2.

1936
Alabama, Sept. 11, Act No. 372, sec. 1; Arizona, Mar. 20, ch. 55, sec. 1; Arkan
sas, Mar. 21, Act No. 173, sec. 1; California, June 1, ch. 258, sec. 1; Delaware,
Apr. 18, ch. 109, sec. 3; Florida, June 10, ch. 17270, sec. 1; Georgia, Mar. 12,
No. 108, p 439, sec. 1; Idaho, Mar. 29, spec, sess., ch. 22, sec. 2 (as amended 1936,
ch. 12, sec. 21); Indiana, Feb. 14, ch. 40, sec. 1; Minnesota, Apr. 29, Res. 23, p.
788; Missouri, May 31, p. 288; Nebraska, May 25, ch. 107, sec. 3; Nevada, Mar.
27, ch. 96, sec. 1; New Hampshire, June 20, ch. 146, sec. 1; North Carolina, Mar.
19, ch. 106, sec. 2; North Dakota, Mar. 12, ch. 161, sec. 5; Oklahoma, May 6,
ch. 52, sec. 1; Oregon, Feb. 28, ch. 135, sec. 1; Rhode Island, May 31, ch. 2266,
sec. 1; South Dakota, Mar. 8, ch. 40, sec. 1; Tennessee, Apr. 22, ch. 165, sec. 1;
Texas, May 11, ch. 236, sec. 1; Utah, Mar. 25, ch. 38, sec. 27 (d); Vermont, Apr.
9, No. 164, sec. 1; Washington, Mar. 21, ch. 145, sec. 12.

1936
Maine, Dec. 18, spec, sess., ch. 1, sec. 12; Maryland, Dec. 17, spec, sess., ch. 1,
sec. 12; Michigan, Dec. 24, spec, sess., Act No. 1, sec. 12; Mississippi, Mar. 23,
ch. 176, sec. 12; South Carolina, June 1, No. 946, sec. 12.

1937
Alaska, Apr. 2, spec, sess., ch. 4, sec. 12; Hawaii, May 18, act 243, sec. 44;
Kansas, Mar. 26, ch. 255, sec. 15; Montana, Mar. 16, ch. 137, sec. 12a.

The following table shows the official State agencies designated to
cooperate with the United States Employment Service under the
Wagner-Peyser Act. Designation of the State agency is found in
the section of the law cited.
* See text of law and am endm ents thereto on page 113.

PUBLIC EMPLOYMENT AGENCIES

State agencies authorized to cooperate with the United States Employment Service

State
Alabam a.
A la s k a ..
A rizon a. _

A gency

State D epartm ent of L ab or. .............................. .........
U nem p loym ent C om pensation C om m ission___
Arizona State E m p loym en t Service D ivision (of
the U nem ploym ent C om pensation C om m is
sion).
A rkansas.
State D epartm ent of L abor............................................
California.
D ivision of State E m ploym ent A gencies (of the
D epartm ent of E m p loym en t).
Colorado .
Colorado Industrial C om m ission— ..........................
C on n ecticu t l .
C onnecticut State E m p loym en t Service D epart
m en t (In the U nem ploym ent C om pensation
D ivision of the D epartm ent of Labor and
Factory Inspection ).
U nem ploym ent C om pensation C om m ission.........
D elaware.
F lo rid a ...
Florida Industrial C om m ission....................................
G eorgia..
Georgia State E m ploym ent Service D ivision (of
the Bureau of U nem ploym ent C om pensation
in the D epartm ent of Labor).
U nem ploym ent C om pensation B oard.....................
H aw aii.
Id a h o ..
Industrial A ccident B oard............................... —.........
Illin o is..................... D epartm ent of Labor..................................
I n d ia n a .................. U nem p loym ent C om pensation Board.
Iowa State E m p loym en t Service D ivision (of
Iow a_____
the U nem p loym ent C om pensation C om m is
sion ).
K ansas State E m p loym en t Service Section (of
K ansas___
the U nem ploym ent C om pensation D ivision in
the C om m ission of Labor and In dustry).
K entucky.
K en tuck y State E m ploym ent Service (section of
the D ivision of U nem ploym ent C om pensation
in the D epartm ent of Industrial R elation s).
L ouisiana.
L ouisiana State E m ploym ent Service D ivision
(of the D epartm ent of Labor).
M ain e____
U nem ploym ent C om pensation C om m ission........
M aryland R eem ploym ent Service D ivision (of
M arylan d ____
the U nem ploym ent C om pensation B oard).
M assachusetts.
D ivision of P ublic E m ploym ent Offices (in the
D epartm ent of Labor and Industries) under
supervision of the U nem ploym ent C om pen
sation C om m ission.
M ichigan.
M ichigan State E m ploym ent Service D ivision
(of the U nem ploym ent C om pensation C om
m ission).
M innesota 1
Industrial C om m ission................. ..................................
M ississippi.

C itation of law
A cts of 1935, ch. 372, sec. 2.
A cts of 1937 (spec, sess.), ch. 4, sec.
A cts of 1936 (1st spec, sess.), ch. 13,
sec. 12.
A cts of 1937, A ct N o. 155, sec. 12.
A cts of 1935, ch. 352, sec. 93.
A cts of 1935 (3d spec, sess.), ch. 2,
sec. 12 (as am ended 1937, ch. 260).
A cts of 1936 (1st spec, sess.), ch. 2.
Acts of 1937, S. B . 79, sec. 12.
A cts of 1937, S. B . 1009, sec. 13.
A cts of 1937, N o. 335, sec. 12.
A cts of 1937, N o. 243, sec. 44.
A cts of 1936 (3d spec, sess.), ch. 12,
sec. 21.
A cts of 1937, p. 571, sec. 20.
A cts of 1936, ch. 4, sec. 11 (as
am ended 1937, ch. 125).
A cts of 1936 (spec, sess.), ch. 4, sec.
12 (as am ended 1937, ch. 102).
A cts of 1937, ch. 255, sec. 15.
A cts of 1936 (4th spec, sess.), ch. 7,
sec. 12.
A cts of 1936, A ct N o. 97, sec. 11.
A cts of 1936 (1st spec, sess.), ch. 1,
sec. 12 (as am ended 1937, ch. 228).
A cts of 1936 (2d spec, sess.), ch. 1,
sec. 12 (as am ended 1937, ch. 314).
General L aw s 1932, ch. 23, sec. 9L
(as added 1935, ch. 479).
A cts of 1936 (1st spec, sess.), N o. 1,
sec. 12.
A cts of 1936 (2nd spec, sess.), ch. 2
(as am ended 1937, chs. 43,306,401,
and 452).
A cts of 1936, ch. 176, sec. 12.

M ississippi State E m ploym ent Service D ivision
(of the U nem ploym ent C om pensation C om
m ission).
M issouri.
U nem ploym ent C om pensation C om m ission........ A cts of 1937, p . 574, sec. 14.
M ontana.
M ontana State E m ploym ent Service D ivision A cts of 1937, ch. 137, sec. 12.
(of the U nem ploym ent C om pensation C om
m ission).
N ebraska_________ N ebraska State D epartm ent of Labor..................... A cts of 1937, L . B . 189, sec. 12.
N ev a d a ___________ Labor C om m issioner......................................................... A cts of 1937, ch. 129, sec. 12.
N ew Hampshire.__ Com m issioner of L ab or. ................................................ A cts of 1935, ch. 146, sec. 2.
N ew Jersey_______ N ew Jersey State E m ploym ent Service D ivision A cts of 1936 (1st spec, sess.), ch. 270,
(of the U nem ploym ent C om pensation C om
sec. 12.
m ission).
N ew M exico.
U nem p loym ent C om pensation C om m ission____ A cts of 1936 (1st spec, sess.), A ct N o.
1, sec. 12.
N ew Y ork------------- Industrial C om m issioner................................................. A cts of 1933, ch. 812, sec. 2.
N orth Carolina___ N orth Carolina State E m p loym en t Service D iv A cts of 1936 (1st spec, sess.), ch. 1,
ision (of the U nem ploym ent C om pensation
sec. 12.
C om m ission).
N orth D ak ota......... N orth D akota State E m p loym en t Service D iv i A cts of 1937, ch. 232, sec. 11.
sion (of the W orkm en’s C om pensation B u
reau).
O h io .......................... Ohio State E m p loym en t Service D iv ision (of the A cts of 1936, p . 286, sec. 15 (as
U nem ploym ent C om pensation C om m ission)
am ended 1937, S. B . 26).
(after January 1, 1938).
O klahom a L ............ O klahom a State E m p loym en t Service Section A cts of 1936 (1st spec, sess.), H . B .
(of the U nem p loym ent C om pensation and
N o. 1, sec. 12.
P lacem ent D ivision in th e D epartm ent of L a
bor).
1 T h e law does n ot specifically designate a State agency b u t the attorney-general of the State has ruled that
the agency listed is the State agency.
* T he law does not specifically designate a State agency, b u t in accordance w ith an interpretation of the
law by the Solicitor of the D epartm ent of Labor the agency listed is accepted as the official State agency.

LAWS RELATING TO EMPLOYMENT AGENCIES

State agencies authorized to cooperate with the United States Employment Service—
Continued

State

Oregon S t*te E m p loym en t Service D ivision (of
the U nem ploym ent C om pensation C om m is
sion.)
P ennsylvania..
D epartm ent of Labor and In d u str y .........................
R hode Island_____ U n em p loym en t C om pensation Board.
South Carolina___ South Carolina State E m p loym en t Service D i
vision (of the U nem p loym ent C om pensation
C om m ission).
South D akota *----- South D akota State E m p loym en t Service D iv i
sion (of the U nem ploym ent C om pensation
C om m ission).
State D epartm ent of L abor...........................................
T ennessee.
Oregon.

Texas.
U ta h ...................
V erm ont_____
V irginia.............
W ash in gton ...
W est Virginia.
W isconsin____
W yom in g ____

C itation of law

A gency

A cts of 1935, ch. 70, sec. 18 (as
am ended 1937, ch. 398).
A cts of 1933 (spec, sess.), A ct N o.
26, sec. 15.
A cts of 1936, ch. 2333, sec. 11, (as
am ended 1937, ch. 2556).
A cts of 1936, A ct 946, sec. 12.
A cts of 1936 (spec, sess.), ch. 3, sec.

A cts of 1936 (2d spec, sess.), A ct
N o. 1, sec. 12 (as am ended 1937,
ch. 128).
A cts of 1936 (3d spec, sess.), ch. 482,
U nem p loym ent C om pensation Com m ission.
sec. 12 (as am ended 1937, H .B .
586).
U tah State E m p loym en t Service (D ivision of A cts of 1936 (spec, sess.), ch. 1, sec.
12 (as am ended 1937, ch. 43).
Industrial C om m ission).
V erm ont U nem ploym ent C om pensation C om A cts of 1935, ch. 164, sec. 2 (as
am ended 1936, A ct N o. 1).
m ission.
U nem p loym ent C om pensation C om m ission A cts of 1936 (spec, sess.), ch. 1, sec.
(through the Virginia State E m p loym en t
Service).
State D epartm ent A Social Security (through A cts of 1937, ch. 162, sec. 12.
the W ashington State E m p loym en t Service
D iv ision ).
State E m p loym en t Service D ivision (of the D e A cts of 1936 (2d spec, sess.), ch. 1,
sec. 17 (as am ended 1937, ch. 100).
partm ent of U nem p loym ent C om pensation).
Industrial C om m ission__________________________ A cts of 1933, ch. 360, sec. 2.
U nem p loym ent C om pensation C om m ission........ A cts of 1937, ch. 113, sec. 12.

* A cts of 1937, ch. 223, w ill not be effective until it is approved b y referendum vote in N ovem ber 1938.

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 42 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, agencies are
also established by various philanthropic organizations, trade-unions,
and associations of employers. Agencies created 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
ment.
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 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.

PRIVATE EMPLOYMENT AGENCIES

4. Collusion between the agent and employer, whereby the applicant is given
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.” 4

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.
Since the publication of the previous edition of this bulletin (No.
581) in 1933, considerable attention has been directed by some of the
States to improving and extending their laws regulating private
employment agencies. The State of Colorado adopted a theatrical
employment agency law covering all types of agencies organized to
provide engagements for circus, vaudeville, theatrical, and other
entertainments, and agencies which furnish information as to where
such theatrical engagements may be secured. A license fee of $100
is required for the operation of a theatrical employment agency, with
an additional fee of $50 for each employee. The act also requires
that each application for a license must be accompanied by a bond
for $1,000.
The legislature of Illinois expanded the private employment agency
law of that State and, in 1935, gave special consideration to the
licensing of theatrical employment agents. Maryland repealed the
former employment agency law and enacted new legislation covering
the licensing of such agencies in greater detail.
Delaware amended the occupation license law, and now requires
that private employment agents shall pay a license fee of $10. Mis
sissippi reenacted the privilege tax law c requiring emigrant agents to
pay a fee of $500.
Court Decisions Dealing With Regulation of Private Employment
Agencies
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
since it infringed the liberty of contract. {E x 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
* U n ite d S ta tes B u reau of L abor.
B u ll. N o . 109: S ta tistic s of u n e m p lo y m e n t an d th e w ork of em ploy*
m e n t offices. W a sh in g to n , 1913, p . 36.
8 See report of C om m ission on In d u strial R ela tio n s, S. D o c . 415, 64th C on g ., 1st sess., v o l. I, p p . 109-111;
v o l. II, p p . 1165-1440.
• See B u reau o f L abor S ta tistic s B u ll. N o . 581, p. 149.

LAWS RELATING TO EMPLOYMENT AGENCIES

was one properly subject to police regulation and control. An appeal
later to the United States Supreme C ou rt7 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.”
Another case concerning the private employment agency law of
Michigan was recently decided in that State.8 The specific question
involved in this case was whether or not the charging of a fee for
services rendered or proposed to be rendered was the same as operating
an employment agency for gain or profit.
Several cases of importance have been decided in the courts con
cerning employment agency legislation in the State of Washington.
An initiative measure (acts of 1914, no. 8) prohibited the collection
of fees by employment agents from, employees seeking work. The
act was considered 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,9 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.10
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, 1928.11 The private employment agency law of
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 appli
cant appealed to the New Jersey State court, where the law was
7 B r a z e e v . M i c h i g a n , 241 U . S. 340.
* P e o v l e v . Q o u l d i n g , 266 N . W . 378.
• W i s e m a n v . T a n n e r , 221 F ed . 694.
!• A d a m s v . T a n n e r , 244 U . S. 590.
« R i b n i k v . M c B r i d e , 277 U . S. 350.

EMIGRANT AGENTS

sustained, under the due process of law clause.12 Subsequently the
New Jersey Court of Errors and Appeals affirmed the lower court.18
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.14
Mr. Justice Sutherland, in his opinion, compared the fixing of fees
of employment agencies 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 cannot prohibit the business entirely, nor fix the fees collected by
the agency.
On March 11, 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, insofar 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
U R i b n i k v . M c B r i d e , 133 A tl. 870.
i* R i b n i k v . M c B r i d e , 137 A tl. 437.
14 A d k i n s v . C h i l d r e n ' s H o s p i t a l , 261 U . S. 526;
v . B a n t o n . 273 U . S. 418.

W o lff C o.

In d u s tr ia l C o u r t,

262 U . S. 622;

T yson

B ro.

LAWS RELATING TO EMPLOYMENT AGENCIES

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. M oore (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 consti
tutionality 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 to 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; and (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 the 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
demoralizing in its tendency, injurious to the health of the people, promotive of

EMIGRANT AGENTS

disorder, or interfering with the rights of other citizens to be protected in their
constitutional privileges.

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 sum (not exceeding 50 percent) 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 Oarbutt v. State (77
So. 189), the Supreme Court of Mississippi held that the requiring of
a license fee of $500 was not a burden or 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. M ood y 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.

1 3 6 5 5 3 ° — 3 7 -------2

T E X T OF THE LAWS
Public Employment Agencies
ALABAMA
ACTS OF 1935
A ct N o .

372

S e c t io n 1. Federal act accepted.— The State of Alabama accepts the provisions
of the Wagner-Peyser Act, approved June 6 , 1933 (48 Stat. 113, United States
Code, Title 29, Section 49), “ An Act to provide for the establishment of a national
employment system and for cooperation with the States in the promotion of such
system, and for other purposes” , in conformity with section 4 thereof, and will
observe and comply with the requirements of said Act.
S e c . 2. State agency.— The State Department of Labor is hereby designated
and constituted the agency of the State of Alabama for the purposes of such Act.
Said Department, its officers and employees are hereby given full power to co
operate with all authorities of the United States having powers or duties under
such Act and to do and perform all things necessary to secure to the State of
Alabama the benefits of such Act in the promotion and maintenance of a system
of public employment offices.
S e c . 3. Appointment of employees.— The Commissioner of Labor, in accordance
with the regulations prescribed by the Director of the United States Employment
Service, shall appoint the officers and other employees of the Alabama State
Employment Service created under this Act.
S e c . 4. Federal funds.— All Federal Funds made available to this State under
said Act of Congress shall be paid into the General Treasury of this State, and
said Funds are hereby appropriated and made available to the State Department
of Labor to be expended as provided by said Act of Congress and this Act.
S e c . 5. Appropriation.— That the sum of $ 20 ,0 0 0 .0 0 or so much thereof as may
be necessary, is hereby appropriated out of any monies in the General Treasury,
not otherwise appropriated, for the carrying out of the purposes of this Act.
Said appropriation to be payable only on approval and order of the Governor.
S e c . 6. Effective date.— This Act shall take effect immediately upon its passage
and approval by the Governor.
A ct N o .
S e c t io n

447.— Unemployment compensation law

16 (as amended 1936, No. 156). Employment service. —

(c)
Whenever requested by the Unemployment Compensation Commission to
perform certain acts in connection with the Unemployment Compensation Com
mission, the Alabama State Employment Service shall perform such acts as are
requested and in the manner prescribed by the Unemployment Compensation
Commission as expeditiously and economically as may be, and shall render to
the Unemployment Compensation Commission a statement of the actual expenses
incurred by the Alabama State Employment Service, and the manner in which
they were performed, whereupon the Unemployment Compensation Commission
shall pay to the Alabama State Employment Service the amount of such expenses
incurred.
ALASKA
ACTS OF 1937 (SPECIAL SESSION)
C hapter

4.— Unemployment compensation law

10. Unemployment compensation commission.— (a) There is hereby
created a Commission to be known as the Unemployment Compensation Commis
sion of Alaska. The Commission shall consist of three members, who shall be
12
S e c t io n

TEXT OF THE LAWS

appointed by the Governor, by and with the consent of the Legislature, as soon
as possible after the passage and approval of this Act and thereafter when any
vacancy occurs in its membership. During his term of membership on the Com
mission no member shall serve as an officer or committee member of any political
party organization, and not more than two members of the Commission shall be
members of the same political party. Each member shall hold office for a term
of six years, except that:
★

(c) The Commission shall establish two coordinate divisions: The Alaska
Territorial employment service division, created pursuant to Section 12 of this
Act, and the unemployment compensation division. Each division shall be
responsible for the discharge of its distinctive functions. Each division shall be
a separate administrative unit with respect to personnel, budget, and duties,
except insofar as the Commission may find that such separation is impracticable.
S e c . 1 1 . Administration.— (a) It shall be the duty of the Commission to admin
ister this Act; and it shall have power and authority to adopt, amend, or rescind
such rules and regulations, to employ such persons, make such expenditures,
require such reports, made [make] such investigations, and take such other
action as it deems necessary or suitable to that end.
*

s(!

♦

(d) Subject to other provisions of this Act, the Commission is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such
officers, accountants, attorneys, experts and other persons as may be necessary
in the performance of its duties. All positions shall be filled by persons selected
and appointed on a nonpartisan merit basis. The commission may delegate to
any such person so appointed such power and authority as it deems reasonable
and proper for the effective administration of this Act, and may in its discretion
bond any person handling moneys or signing checks hereunder.
He
*
*
*
*
*
*
S e c . 1 2 . Employment service.— (a) The Alaska Territorial Employment Service
is hereby established under the Unemployment Compensation Commission as a
division thereof. The Commission, through such division, shall establish and
maintain free public employment offices in such number and in such places as
may be necessary for the proper administration of this Act and for the purposes
of performing such duties as are within the purview of the Act of Congress entitled
“ An Act to provide for the establishment of a national employment system and
for cooperation with the States in the promotion of such system, and for other
purposes’ ’ , approved June 6 , 1933, (48 Stat. 113; U. S. C., title 29 sec. 49 (c)), as
amended. It shall be the duty of the Commission to cooperate with any official
or agency of the United States having powers or duties under the provisions of the
said Act of Congress, as amended, and to do and perform all things necessary to
secure to this Territory the benefits of the said Act of Congress, as amended, in the
promotion and maintenance of a system of public employment offices. The pro
visions of the said Act of Congress, as amended, are hereby accepted by this
Territory, in conformity with Section 4 of said Act, and this Territory will observe
and comply with the requirements thereof. The Unemployment Compensation
Commission is hereby designated and constituted the agency of this Territory for
the purposes of said Act. The Commission is directed to appoint the director,
other officers, and employees of the Alaska Territorial Employment Service.
Such director shall have been a resident of Alaska for at least five (5) years before
date of appointment.
(b)
All moneys received by this Territory under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
unemployment compensation administration fund, and said moneys are hereby
made available to the Commission for the Alaska Territorial Employment Service,
to be expended as provided by this Section and by said Act of Congress. For
the purpose of establishing and maintaining free public employment offices, the
Commission is authorized to enter into agreements with any political subdivision
of this Territory or with any private, non-profit organization, and as a part of
any such agreement the Commission may accept moneys, services, or quarters as
a contribution to the employment service account.
S e c . 13. Employment service account.—

LAWS RELATING TO EMPLOYMENT AGENCIES

Service. There is hereby appropriated to the Employment Service Account of
the Unemployment Compensation Administration Fund, from any money in the
Territorial Treasury not otherwise appropriated, the sum of Fifteen Thousand
Dollars ($15,000.00). In addition, there shall be paid into such account the
moneys designated in Section 12 (b) of this Act, and such moneys as are appor
tioned for the purposes of this account from any moneys received by this Territory
under Title III of the Social Security Act, as amended.
ARIZONA
ACTS OF 1936 (SPECIAL SESSION)
C hapter

13.— Unemployment Compensation Law

S e c t io n 10 (as amended 1937, ch. 68 ).
Unemployment compensation commis
sion.— (a) There is hereby created an unemployment compensation commission
of Arizona to be composed of three members, to be appointed by the governor for
terms of two, four and six years respectively; and thereafter each new member,
other than an appointment to fill a vacancy, shall be for a period of six years;
vacancies on said commission to be filled for any unexpired term. Each such
member shall receive as compensation the sum of one thousand dollars per annum.
*
*
*
*
*
*
*
(c) The commission shall establish and supervise the conduct of two coordinate
divisions: The Arizona State Employment Service Division created pursuant to
Section 12 of this Act, and the Unemployment Compensation Division. Each
division shall be responsible for the discharge of its distinctive functions. Each
division shall be a separate administrative unit with respect to personnel, budget,
and duties, except insofar as the commission may find that such separation is im
practicable. The commission is authorized to appoint, fix the compensation of,
and prescribe the duties of the director of the Unemployment Compensation Di
vision, provided that such appointment shall be made on a non-partisan merit
basis, in accordance with the provisions of this Act relating to personnel.

Sec . 11. Personnel. —

*
*

(d) Subject to other provisions of this Act, the commission is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such officers,
accountants, attorneys, experts, and other persons as may be necessary in the
performance of its duties. All positions shall be filled by persons selected and
appointed on a non-partisan merit basis. The commission may delegate to any
such person so appointed such power and authority as it deems reasonable and
proper for the effective administration of this Act, and may in its discretion bond
any person handling moneys or signing checks hereunder.
S e c . 12 (as amended 1937, ch. 68 ).
Employment service.— (a) The commission
shall create a division to be known as the Arizona state employment service which
shall establish and maintain free public employment offices in such number and in
such places as may be necessary for the proper administration of this Act and for
the purpose of performing such duties as are within the purview of the act of
Congress entitled “ an act to provide for the establishment of a national employ
ment system and for co-operation with the states in the promotion of such system,
and for other purposes,” approved June 6 , 1933, (48 Stat. 113, U. S. Code, Title
29, Section 49 (c) as amended). The said division shall be administered by a full
time salaried director, who shall be charged with the duty to co-operate with any
official or agency of the United States having powers or duties under the pro
visions of the said Act of Congress, as amended, and to do and perform all things
necessary to secure to this state the benefits of the said Act of Congress as amended,
in the promotion and maintenance of a system of public employment offices. The
provisions of the said Act of Congress, as amended, are hereby accepted by this
State, in conformity with section 4 of said act, and this State will observe and
comply with the requirements thereof. The State Employment Service Division
is hereby designated and constituted the agency of this State for the purpose of
said Act. The existing free public employment offices established pursuant to
Chapter 55 of the laws of the twelfth session of the legislature of the State of
Arizona, 1935 Session, shall be transferred to the jurisdiction of the employment
service division of the commission upon this Act becoming effective and all records,
files and property, including office equipment, of such offices shall likewise be

TEXT OF THE LAWS

transferred to such division, and the unexpended balance of any appropriation
made for such offices is hereby made available to the commission for the purpose of
maintaining said state employment divisions. Upon such transfer all duties
and powers of the board of directors of state institutions, or the Employment
Service Division thereof, relating to the establishment, maintenance and operation
of free public employment offices shall be vested in the Employment Service
Division of the Commission. The commission is directed to appoint the director,
other officers, and employees of the Arizona State Employment Service. Such
appointments shall be made in accordance with regulations prescribed by the
director of the United States Employment Service.
(b) All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special ‘ ‘employment service account” in the
Unemployment Compensation Administration Fund, and said moneys are hereby
made available to the Arizona State Employment service to be expended as
provided by this section of said Act of Congress. For the purpose of establishing
and maintaining free public employment offices, said division is authorized to
enter into agreements with any political subdivision of this State or with any
private, non-profit organization, and as a part of any such agreement the com
mission may accept moneys, service, or quarters as contribution to the employ
ment service account.
Sec. 13. Employment service account.—

(b) A special 1‘employment service account” shall be maintained as a part of
the unemployment compensation administration fund for the purpose of main
taining the public employment offices established pursuant to Section 12 of this
Act and for the purpose of co-operating with the United States Employment
Service. There is hereby transferred to the employment service account of the
unemployment compensation administration fund the unexpended balance to
the credit of the Arizona Employment Service and consisting of funds appropri
ated under Chapter 55, Session Laws Twelfth Legislature of Arizona 1935, for
the fiscal year ending June 30, 1937, and funds received by this State from the
United States Government for the purpose of establishing free employment offices.
In addition, there shall be paid into such account the moneys designated in
Section 12 (b) of this Act, and such moneys as are apportioned for the purposes of
this account from any moneys received by this State under Title III of the Social
Security Act, as amended.
ARKANSAS
A cts

1937

Act No. 155— Unemployment compensation law
Section 10. Unemployment compensation division. —(a) There is hereby created
in the department of labor a division to be known as the unemployment compensa
tion division, which shall be administered by a full-time salaried director, who shall
be subject to the supervision and direction of the commissioner of labor. The
commissioner is authorized with the approval of the Governor to appoint and
prescribe the duties of such director, provided that such appointment shall be
made on a nonpartisan, merit basis.
(b) There is hereby established in the unemployment compensation division
two coordinate sections, the Arkansas State employment service section, created
pursuant to section 12 of this Act, and the unemployment compensation section.
Each section shall be responsible for the discharge of its distinctive functions.
Each section shall be a separate administrative unit with respect to personnel,
budget, and duties, except insofar as the Commissioner may find that such
separation is impracticable.
Sec. 11. Administration. —

(d)
Subject to other provisions of this Act, the Commissioner is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such officers,
accountants, attorneys, experts, and other persons as may be necessary in the
performance of his duties under this Act. The Commissioner may delegate to
any such person such power and authority as he deems reasonable and proper for
the effective administration of this Act, and may in his discretion bond any person

LAWS RELATING TO EMPLOYMENT AGENCIES

handling moneys or signing checks hereunder. The Commissioner shall classify
positions under this Act and shall establish salary schedules and minimum per
sonnel standards for the positions so classified. The State Civil Service Commis
sion shall provide for the holding of examinations to determine the qualifications
of applicants for the positions so classified, and except for temporary appoint
ments of not to exceed six months in duration, such personnel shall be appointed
on the basis of efficiency and fitness as determined in these State Civil Service
examinations. No person who is an officer or committee member of any political
party organization or who holds or is a candidate for any public office shall be
appointed or employed under this Act. The commissioner shall establish and
enforce fair and reasonable regulations for appointments, promotions, and demo
tions based upon ratings of efficiency and fitness and for terminations for cause.
Sec. 12. Employment service.—
*
*
*
*
*
*
*
(a) The Arkansas State employment service is hereby established in the De
partment of Labor as provided in Section 10 a. The Commissioner, through
the Director appointed pursuant to provisions of Section 10 of this Act, shall
establish and maintain free public employment offices in such number and in
such places as may be necessary for the proper administration of this Act and
for the purposes of performing such duties as are within the purview of the
Act of Congress entitled “ An Act to provide for the establishment of a national
employment system and for cooperation with the States in the promotion of
such system, and for other purposes” approved June 6, 1933 (48 Stat. 113;
U. S. C. title 29, Sec. 49 (c)) as amended. It shall be the duty of the Commis
sioner through the said Director to cooperate with any official or agency of the
United States having powers or duties under the provisions of the said Act of
Congress, as amended, and to do and perform all things necessary to secure to
this State the benefits of the said Act of Congress, as amended, in the promotion
and maintenance of a system of public employment offices. The provisions of
the said Act of Congress, as amended, are hereby accepted by this State, in con
formity with section 4 of said Act, and this State will observe and comply with the
requirements thereof. The Arkansas State Department of Labor as hereinbefore
provided is hereby designated and constituted the agency of this State for the
purposes of said Act. The Commissioner is directed to appoint the officers, and
the employees of the Arkansas State employment service. Such appointments
shall be made in accordance with regulations prescribed by the Director <Tf the
United States Employment Service.
(b) All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
unemployment compensation administration fund, and said moneys are hereby
made available to the commissioner for the Arkansas State employment service,
to be expended as provided by this section and by said Act of Congress. For the
purpose of establishing and maintaining free public employment offices, the com
missioner, through the director, is authorized to enter into agreements with any
political subdivision of this State or with any private, nonprofit organization and
as a part of any such agreement the commissioner may accept moneys, services,
or quarters as a contribution to the employment service account.
Sec. 13. Employment service account.—

TEXT OF THE LAWS

CALIFORNIA
DEERIN G'S GENERAL LAWS, 1931
A ct

2350.— Public employment offices

S e c t io n 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.
S e c . 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.
S e c . 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.
A ct

3546.— Immigrants and immigration

5. Powers and duties of commission; employment bureau.— The com
mission of immigration and housing shall have the power * * * to investi
gate and determine the genuineness of any application for labor that may be re
ceived and the treatment accorded to those for whom employment shall be secured;
to co-operate with the state employment bureaus, municipal employment bureaus,
and with private employment agencies within the state, and also with the em
ployment and immigration bureaus conducted under the authority of the federal
government or by the government of any other state, and with public and phil
anthropic agencies designed to aid in the distribution and employment of immi
grants; and to devise and carry out such other suitable methods as will tend to
prevent or relieve congestion and obviate unemployment; * * *.
S e c t io n

ACTS OF 1933
C h a p t e r s 102 (p.

3161), 114 (p. 3184)

[By ch. 102 (p. 3161) (Assem. Con. Res. No. 45) the legislature authorized the
commissioner 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 (p. 3184) (S. Con. Res. No. 38) the legisla
ture authorized the establishment of such an agency in Bakersfield.]
ACTS OF 1935
C hapter

131 (p. 2698)

[By this chapter (Assem. Con. Res. No. 52) the legislature recommended that a
free employment agency be established in the city of Alameda by the Chief of the
Division of Labor Statistics.]
SUPPLEMENT (1935) TO DEE RIN G ’S GENERAL LAWS, 1931
A ct

8780d.— Unemployment Reserves A ct 1

75. Administration.'—This act shall be administered by the Unem
ployment Reserves Commission of this State, to be appointed by the Governor,
by and through the State Department of Employment which is hereby created
and of which such commission shall be the governing body.
S e c . 88 . Personnel.— The commission may appoint and employ an executive
officer, who shall act as the secretary of the commission, and shall be Director of
the Department of Employment. The commission may employ such assistance
as seems to it necessary for the administration of this act, subject to the provisions
of the Civil Service laws.
S e c t io n

* T h is act appears to supersede A ct N o . 8834a.

LAWS RELATING TO EMPLOYMENT AGENCIES

Sec. 93. Division oj state employment agencies.•—On July 1, 1936, the Division
of State Employment Agencies of the Department of Industrial Relations shall
become and remain the Division of State Employment Agencies in the Depart
ment of Employment. All persons employed in such division and the records
and property thereof shall, upon such change become the employees, records and
property of the Department of Employment. All persons employed in any
capacity in such division shall continue and remain in such capacity in such
division after the change, subject to the power of the commission as the governing
body of the department to abolish such division, change old divisions or create
new divisions, change duties and powers of such division, or impose upon it new
and additional powers and duties.
The State of California hereby accepts the provisions of the Wagner-Peyser
Act, approved June 6 , 1933, passed by the Congress of the United States, and
entitled “ An act to provide for the establishment of a National Employment
system and for cooperation with the States in the promotion of such system, and
for other purposes,” in conformity with section 4 thereof, and will observe and
comply with the requirements of said act of Congress.
The Division of State Employment Agencies in the Department of Employ
ment shall be the agency of this State for the purposes of said act.
Said division by and through its chief shall have full power to cooperate with
all the authorities of the United States having powers and duties under said act
of Congress and, with the approval of the commission, to do and perform all
things necessary to secure to this State the benefits of that act of Congress in the
promotion and maintenance of a system of public employment offices.
All moneys made available by or received by this State under that act of
Congress shall be paid into a special “ employment service account” in the unem
ployment administration fund, and all such moneys are hereby appropriated
without regard to fiscal year, and shall be expended in accordance with law by
the Division of State Employment Agencies as provided by this act and by that
act of Congress.
Sec. 94. Appropriation.— The unexpended balance of every appropriation and
fund, available for the purposes or support of the division prior to the transfer,
shall be available to the commission for such purposes or support after the
transfer.
COLORADO

STATUTES ANNOTATED, 1935
C hapter
A r t ic l e
S u b d iv is io n

4.— Employment agencies

I. C o l o r a d o F r e e E m p l o y m e n t A g e n c ie s

S e c t io n 136. Agencies designated.— Free employment offices are hereby
created as follows: One in each city of not less than twenty-five thousand and
two in each city containing a population of two hundred thousand 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 designated and known as Colorado free
employment offices.
Sec . 137. Superintendents.— Within sixty days after this subdivision 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 the last preceding section, 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 twelve hundred dollars ($ 1 ,200 ) per annum; the salary of each assistant
superintendent shall be twelve hundred dollars ($ 1 ,200 ) per annum, together with
the proper amounts for defraying the necessary cost of equipping and maintaining
the respective offices.
Sec . 138. 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 ana apart
ments to enable him to provide, and he shall so provide, a separate room or apart
ment 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

TEXT OF THE LAWS

placed a sign which shall read in the English language, “ Colorado Free Employ
ment 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 advis
able. The superintendent 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, designating opposite the names and addresses of each applicant the
character of employment 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 bureau 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.
S e c . 139. 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 pre
ceding week and the number of positions secured; also those unfilled applica
tions remaining on the books at the beginning of the week. It shall also show
the number 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
commissioner 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.
S e c . 140. 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 purposes 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.
S e c . 141. 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
December 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 inter
preter 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.
S e c . 142. No fees to he 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 super
intendent or clerk, who shall accept, directly or indirectly, any fee or com
pensation 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 twentyfive (25) dollars nor more than fifty (50) dollars, or imprisonment in the county
jail not more than thirty days, or by both such fine and imprisonment at the
discretion of the court.
S e c . 143. Definitions.— The term “ applicant for employment,” as used in this
subdivision, 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 subdivision, shall be construed
to limit the meaning of the term “ work” to manual occupation, but it shall include
professional services and all other legitimate services.
S e c . 144. Receipts.— All money or moneys received from fees and fines by the
said deputy commissioner of labor shall constitute a fund for the purposes of
enforcing the provisions of this subdivision, 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 subdivision.

LAWS RELATING TO EMPLOYMENT AGENCIES

S e c . 145. Maintenance.— All printing, blanks, blank books, stationery, postage,
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.
S e c . 146. 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 two thousand (2,000) dollars in any one year; and the State
auditor is hereby authorized to draw his warrant on the State treasurer for the
same.
ACTS OF 1936 (T H IR D SPECIAL SESSION)

C hapter 2.— Unemployment compensation law
Section 10 (as amended 1937, ch. 260). Unemployment compensation com
mission.— (a) This Act shall be administered by the Industrial Commission of
Colorado.
(b)
There shall be established by the Commission, two coordinate divisions:
The Colorado State Employment Service Division, referred to in Section 12 of
this Act, and the Unemployment Compensation Division, both of which shall be
subject to the supervision and direction of the Industrial Commission. Each
Division shall be responsible to the Commission for the discharge of its distinctive
function. Each Division shall be a separate administrative unit with respect to
personnel, budget and duties, except insofar as the Commission may find that
such separation is impracticable.
S e c . 11. Personnel. —

(d)
Subject to other provisions of this Act and the Civil Service regulations, the
Commission is authorized to appoint, fix the compensation, and prescribe the
duties and powers of such officers, accountants, attorneys, experts, and other
persons ai? may be necessary in the performance of its duties. The Commission
may delegate to any such person so appointed such power and authority as it
deems reasonable and proper for the effective administration of this Act, and may
in its discretion bond any person handling moneys or signing checks hereunder.
S e c . 12 (as amended 1937, ch. 260). State employment service.— (a) The
Colorado State Employment Service is hereby established in the Industrial Com
mission as a division thereof. The Commission, through such division, shall
establish and maintain free public employment offices in such number and in
such places as may be necessary for the proper administration of this Act and for
the purposes of performing such duties as are within the puiview of the Act of
Congress entitled, “ An Act to provide for the establishment of a national employ
ment system and for the cooperation with the States in the promotion of such
system, and for other purposes” , approved June 6 , 1933 (48 Stat. 113: U. S. C.,
Title 29, Sec. 49 (c)), as amended. It shall bb the duty of the Commission to
cooperate with any official or agency of the United States having powers or duties
under the provisions of the said Act of Congress, as amended, and to do and per
form all things necessary to secure to this State the benefits of the said Act of
Congress, as amended, in the promotion and maintenance of a system of public
employment offices. The provisions of the said Act of Congress, as amended,
are hereby accepted by this State, in conformity with Section 4 of said Act, and
this State will observe and comply with the requirements thereof. The Colorado
Industrial Commission is hereby designated and constituted the agency of this
State for the purposes of said Act. The Commission is directed to appoint the
Director, other officers and employees of the Colorado State Employment
Service. Such appointments shall be made in accordance with regulations pre
scribed by the Director of the United States Employment Service.
(b)
All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ Employment Service Account” in the
Unemployment Compensation Administration Fund, and said moneys are
hereby made available to the Commission for the Colorado State Employment
Service, to be expended as provided by this section and by said Act of Congress.
For the purpose of establishing and maintaining free public employment offices,
the Commission is authorized to enter into agreements with any political subdivi
sion of this State or with any private, non-profit organization, and as a part of
any such agreement the Commission may accept moneys, services, or quarters
as a contribution to the Employment Service Account.

TEXT OF THE LAWS

Employment service account. —
*
*
*
*
*
*
*
(b)
A special “ employment service account” shall be maintained as a part of
the unemployment compensation administration fund for the purpose of main
taining the public employment offices established pursuant to section 12 of this
Act and for the purpose of cooperating with the United States Employment
Service. There is hereby transferred to the employment service account of the
unemployment compensation administration fund the present unexpended
balance of all appropriations made by this State to the Colorado State Employ
ment Service. In addition, there shall be paid into such account the moneys
designated in section ( 12 ) (b) of this Act, and such moneys as are apportioned for
the purposes of this account from any moneys received by this State under title
III of the Social Security Act, as amended.
S e c . 13.

CONNECTICUT
CUMULATIVE SUPPLEM ENT (1931-35) TO THE GENERAL STATUTES
S e c t io n 9 00 c . Federal act accepted.— The state of Connecticut accepts the
benefits of an act of the congress of the United States entitled “ An Act to Provide
for the Establishment of a National Employment System and for cooperation
with the states in the promotion of such system and for other purposes” , approved
June 6 , 1933, and will observe and comply with the requirements of said act.
The department of labor and factory inspection is designated as the state agency
for the purpose of said act and is vested with all powers necessary to cooperate
with thie United States employment service under this section.

ACTS OF 1936 (FIRST SPECIAL SESSION)
C h a p t e r 2. —

Unemployment Compensation Law

S e c t io n 7. Unemployment compensation division; employment service depart
ment.— A. There is created in the department of labor and factory inspection a di
vision to be known as the unemployment compensation division, which shall be
administered by a full-time, salaried, executive director, who shall be subject to the
supervision and direction of the commissioner of labor and factory inspection,
herein called the administrator. The administrator is authorized to appoint, fix
the compensation of and prescribe the duties of such executive director, provided
such appointment shall be subject to the approval of the governor and the rate of
such compensation shall be subject to the approval of the board of finance and con
trol. There are established in said division two coordinate departments, the Con
necticut state employment service department and the unemployment compensa
tion department. Each department shall be responsible for the discharge of its
distinctive functions. Each department shall be a separate administrative unit
with respect to personnel, budget and duties except so far as the administrator may
find that such separation in local offices is impracticable. Each free public em
ployment bureau now maintained by the state shall be transferred to the juris
diction of the Connecticut state employment service department, herein estab
lished, on or before July 1 , 1937, and said department shall establish and maintain
free public employment bureaus in such number and in such places as may be
necessary for the proper administration of this act and for the purpose of per
forming such duties as are within the purview of the act of congress entitled “ An
Act to Provide for the Establishment of a National Employment System and for
Cooperation with the States in the Promotion of Such System and for Other
Purposes,” approved June 6 , 1933.
S e c . 9. Administration; personnel. —
*
*
*
*
*
*
*
D.
There is created a bureau of personnel for the unemployment compensation
act. Said bureau shall consist of three persons, no two of whom shall reside in
the same county and not more than two of whom shall be members of the same
political party. No member shall be an officer or committee member of any
state or local political party organization nor hold any other public office. Within
thirty days after the passage of this act, the governor shall appoint three members
of such bureau, each of whom shall take office immediately upon his appointment,
and whose terms of office shall expire one, two and three years, respectively, from
the first day of April next succeeding the date of appointment. Prior to April

LAWS RELATING TO EMPLOYMENT AGENCIES

first in each year, beginning with the year 1938, the governor shall appoint a
member of said bureau for the term of three years from the first day of April next
succeeding the date of his appointment and until his successor shall be appointed
and shall have qualified. Each member shall be sworn to a faithful performance
of his duties. Any vacancy shall be filled by the governor for the unexpired por
tion of the term. Subject to other provisions of this act, the administrator is
authorized to appoint, subject to the approval of the bureau of personnel, and
prescribe the duties and powers of, such officers, accountants and other persons
as may be necessary in the performance of his duties. The compensation of each
such person so appointed shall be approved by the board of finance and control.
No person, except the administrator, the members of the advisory council, the
members of the bureau of personnel, the unemployment commissioners and the
executive director appointed as provided in section seven of this act, may hold
any position, exercise any authority or receive any compensation for services
rendered, or any reimbursement for expense incurred, under this act, except
unemployment benefit payments under section five of this act, unless his appoint
ment or employment shall have been approved in writing by the bureau of per
sonnel. Such approval shall be given only on a nonpartisan basis of competency,
fitness and actual merit for carrying out the duties of the position in question,
and only after such examination and investigation as said bureau shall consider
reasonably adequate to ascertain such competency, fitness and actual merit of
such person. The burden of satisfying said bureau of such competency, fitness
and actual merit in the case of any person shall rest on such person. Said bureau
shall not approve for employment any person who shall fail to satisfy it that he is
not an officer or committee member of any state or local political party organiza
tion, and the position of any person who becomes, or is found to be, such an officer
or committee member, shall become vacant. Reasonable compensation for the
members of said bureau shall be fixed by the board of finance and control, and
such compensation, and the necessary expenses of said bureau incurred in the
discharge of its duties, when approved by said board, shall be paid as an adminis
trative expense of this act. The administrator may delegate to any person duly
employed such authority as he deems reasonable and proper for the effective
administration of his duties under this act, and may in his discretion require any
such person, whose duties require him to handle moneys, checks or -warrants for
the payment of moneys, to give bond to the state for the faithful performance of
his duties, in such amount as the administrator may determine, and in such form
as the attorney general shall approve, and the premiums on each such bond shall
be paid from the unemployment compensation administration fund.
*
*
*
*
*
*
*
Sec. 10. Employment service account—
*

B. A special “ employment service account” shall be maintained as a part of
the unemployment compensation administration fund for the purpose of main
taining free public employment bureaus and of cooperating with the United
States employment service. There shall be paid into such account all moneys
received by this state under the act of congress entitled “ An Act to Provide
for the Establishment of a National Employment System and for Co-operation
with the States in the Promotion of Such System and for Other Purposes,”
approved June 6 , 1933, and any amendments thereto, such moneys as are appor
tioned for the purposes of this act from any moneys received by this state under
title III of the federal social security act and any amendments thereto, and such
moneys as are made available by the general assembly for the Connecticut state
employment service.

DELAWARE
REVISED CODE, 1935
C hapter 70, A rticle 13.— State employment service
Sec. 2613. Bureau created.— (a) In order to promote the establishment and
maintenance of public employment offices in Delaware, there is hereby created a
bureau to be known as the Delaware State Employment Service, at the head of
which shall be a director.

TEXT OF THE LAWS

(b) At the time the Delaware State Employment Service is ready to begin
operations on or before July 1 , 1935, the Employment Bureau now existing in the
State of Delaware shall be abolished, and all records, files and property (including
office equipment) of the existing Employment Bureau shall tnereupon be trans
ferred to the Delaware State Employment Service.
Sec . 2614. Wagner-Peyser Act accepted.— The State of Delaware accepts the
provisions of the Wagner-Peyser Act, approved June 6 , 1933 (48 Stat. 113, United
States Code, Title 29, Sec. 49), “ An Act to provide for the establishment of a
national employment system and for co-operation with the States in the promo
tion of such systems, and for other purposes,” in conformity with Section 4 thereof,
and will observe and comply with the requirements of said Act.
The Delaware State Employment Service is hereby designated and constituted
the agency of the State of Delaware for the purposes of said Act. Said Service,
its officers and employees are hereby given full power to co-operate with all
authorities of the United States having powers and duties under said Act, and to
do and perform all things necessary to secure to the State of Delaware the benefits
of said Act, in the promotion and maintenance of a system of public employment
offices.
Sec. 2615. Appropriation.— (a) All Federal Funds made available to the State
of Delaware under said Act of Congress shall be paid into the Treasury of the
State and said funds are hereby appropriated and made available to the Delaware
State Employment Service to be expended and disbursed as provided by said Act
of Congress and by this article.
(b) There shall be appropriated out of the Treasury of the State of Delaware
from funds not otherwise appropriated the sum of Twelve Thousand Five Hundred
($12,500.00) Dollars per year. Such funds are necessary to be appropriated in
order to secure the full amount allotted to the State of Delaware by the Govern
ment of the United States and for the purpose of maintaining public employment
services. The aforesaid funds are to provide for the maintenance and expenses
of the Delaware State Employment Service, and to be disbursed as needed by
the State Treasurer upon warrants signed by the Director, by order of the Bureau
hereinafter mentioned.
The money herein appropriated shall be made available on July 1, 1935, for the
fiscal year ending June 30, 1936, and then each succeeding first of July for two
years, and thereafter such sums shall be made available as the Delaware General
Assembly may deem necessary.
Sec. 2610. Duty of Bureau.— It shall be the province and the duty of the Bureau
to promote and develop an employment office or system of employment offices, in
order:
(1) That employers seeking workers and the unemployed, without cost to
either, may be referred to each other;
(2 ) To provide adequate quarters and facilities for the registration of employees
and for the receipt of orders from employers;
(3) To provide prior opportunity of employment to Delawareans and citizens
of the United States, except when such are unavailable and not qualified;
(4) To co-operate in the administration of unemployment insurance laws;
(5) To provide complete responsible records of all applicants;
(6 ) To reduce the wageless period between jobs and the resulting drain on
savings, credit, and social agencies;
(7) To develop and operate a technique by which workers in obsolete or similar
occupations may be economically absorbed in a gainful occupation.
(8) To provide facilities by which those in need of rehabilitation or readjust
ment may be absorbed in private industry with mutual advantage;
(9) To provide information to juniors and those responsible for their training
and influence in choosing the proper occupations;
(10) To reduce the cost to industry of procurement, sifting out, and turnover;
( 1 1 ) To provide existing facilities for government and industry in a period of
national emergency;
(12) To provide for the licensing and regulation of private employment agencies;
(13) To provide for the clearance of labor to work opportunities between
Delaware and the other States;
(14) To co-operate in the dissemination of employment information and trends,
and with other public bodies to the end that Governmental administration and
legislation will have additional, necessary, and accurate facts for their guidance.
Sec. 2617. Report.— An annual report of the expenditures and activities of the
Delaware State Employment Service shall be made by the Director to the Gov
ernor.

LAWS RELATING TO EMPLOYMENT AGENCIES

The Delaware State Employment Service shall be administered by a Bureau
of three persons, including the aforesaid Director, designated as such by the Gov
ernor. All members of the said Bureau shall be appointed by and serve at the
discretion of the Governor by and with the advice of the Advisory Council.
The three members of the Bureau shall be allowed reasonable travelling expenses
when performing official business and serve without compensation except the
Director, who shall devote full time to the direction and duties of the employment
service, and shall receive such salary as the said Bureau, with the advice of the
Governor, shall determine, payable monthly. The said Bureau is hereby directed
to employ such assistants as it may be deemed necessary to carry out the pro
visions of this article.
Sec. 2618. Local funds.— The said Bureau shall co-operate with the counties,
cities and towns of the State, and shall require such local cooperation as it may
deem necessary to carry out the provisions of this article. Any local funds granted
for the co-operative maintenance of a local office shall be deposited in the State
Treasury and may be withdrawn only by warrants of the Director and only for
said purpose.
Sec. 2619. Advisory Council; duty.— The Governor shall appoint an Advisory
Council in accordance with the regulations of the United States Employment
Service and in co-operation with the Director of the United States Employment
Service;
(a) To advise in formulating policies of administration;
(b) To insure impartiality, neutrality, and freedom from political influence in
the administration of the Service;
(c) To assist in the development of standards for the operation of the Service;
(d) To assist in maintaining the standards established by the United States
Employment Service for the selection of the personnel of the State Service;
(e) To discuss problems relating to the Service;
(f) To promote public understanding of the purposes, policies, and practices
of the Service.
ACTS OF 1937
S. B. 79.— Unemployment Compensation Law
Section 10. Unemployment compensation commission.— (a) There is hereby

created a commission to be known as the Unemployment Compensation Com
mission of Delaware. The commission shall consist of four members who shall
be appointed by the Governor with the advice and consent of a majority of all
the members elected to the Senate within ninety days after the passage of this
Act or after any vacancy occurs in its membership.
*

(c) There is hereby established in the commission two coordinate divisions:
The Delaware State employment service division hereby transferred to the com
mission as a division thereof, pursuant to Section 12 of this Act, and the unem
ployment compensation division. Each division shall be responsible for the
discharge of its distinctive function. Each division shall be a separate adminis
trative unit with respect to personnel, budget and duties, except insofar as the
commission may find that such separation is impracticable. Each commissioner
shall be paid from the unemployment compensation administration fund a fixed
monthly salary at a rate determined by the Governor.

Sec. 11. Duties and powers of commission.—

(d)
. Subject to other provisions of this Act, the commission is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such officers,
accountants, attorneys, experts, and other persons as may be necessary in the
performance of its duties under this Act. The Commission may delegate to any
such person such power and authority as it deems reasonable and proper for the
effective administration of this Act, and may in its discretion bond any person
handling moneys or signing checks hereunder. The commission shall classify
positions under this Act and shall establish salary schedules and minimum person
nel standards for the positions so classified. It shall provide for the holding of
examinations to determine the qualifications of applicants for the positions so
classified, and except for temporary appointments of not to exceed six months
duration, such personnel shall be appointed on the basis of efficiency and fitness
as determined in such examinations. No person who is an officer or committee
member of any political party organization or who holds or is a candidate for any

TEXT OF THE LAWS

public office shall be appointed or employed under this Act. The Commission
shall establish and enforce fair and reasonable regulations for appointments,
promotions, and demotions based upon ratings of efficiency and fitness and for
terminations for cause.

Sec. 1 2 . Employment service.— (a) The Delaware State Employment Service

is hereby transferred to the commission as a division thereof which shall establish
and maintain free public employment offices in such number and in such places
as may be necessary for the proper administration of this Act and for the purpose
of performing such duties as are within the purview of the Act of Congress entitled
“ An Act to provide for the establishment of a national employment system and
for co-operation with the States in promotion of such system, and for other pur
poses,approved June 6 , 1933 (48 Stat. 113; U. S. C., title 29 Sec. 49 c) as amended.
The said division shall be administered by a full-time salaried director. It shall
be the duty of the commission to co-operate with any official or agency of the
United States having powers or duties under the provisions of the said Act of
Congress, as amended, and to do and perform all things necessary to secure to
this State the benefits of the said Act of Congress, as amended, in the promotion
and maintenance of a system of public employment offices. The commission is
hereby designated and constituted the agency of this State for the purposes of
said Act. All records and property of the Delaware State Employment Service
shall become the records and property of the division and all persons employed
in such service shall become employees of the division in similar capacity subject
to the power of the commission to change or make new appointments in accordance
with the regulations prescribed by this Act and the director of the United States
Employment Service.
(b) All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
unemployment compensation administration fund, and said moneys are hereby
made available to the commission for the Delaware State employment service,
to be expended as provided by this section and by said Act of Congress. For
the purpose of establishing and maintaining free public employment offices, the
commission is authorized to enter into agreements with any political subdivision
of this State or with any private, non-profit organization, and as a part of any
such agreement the commission may accept moneys, services or quarters as a
contribution to the employment service account.
Sec. 13. Special fund.—

[See United States Code, 1934, title 29, sec. 49b (post, p. 113)]
FLORIDA

ACTS OF 1937
C hapter 18402.— Unemployment compensation law
Section 11. Administrative organization.— (a) There is hereby created in the

Florida Industrial Commission two coordinate divisions, the Florida State em
ployment service division, created pursuant to section 13 of this Act, and a
division to be known as the unemployment compensation division, each of which
shall be administered by a full-time salaried director, who shall be subject to the
supervision and direction of the Commission. The chairman of the Florida
Industrial Commission shall be paid for the additional duties involved in the

LAWS RELATING TO EMPLOYMENT AGENCIES

administration of this Act such sum as may be agreed upon between the said
chairman and the National Social Security Board. Each division shall be re
sponsible for the discharge of its distinctive functions. Each division shall be a
separate administrative unit with respect to personnel, budget, and duties, except
insofar as the Commission may find that such separation is impracticable. The
Commission is authorized to prescribe the duties of the Director of the Unem
ployment Compensation Division and of the Florida State Employment Service.
The Governor shall appoint the Directors of the Unemployment Compensation
Division and of the Florida State Employment Service. Such officers shall hold
office at the will of the Governor. The Governor shall fix the compensation of
such officers in a sum not exceeding $5,000.00 per year for their services, to be
paid as the salaries of the employees under this Act are paid.

Sec . 12. Personnel.—

(d) Subject to other provisions of this Act, the Commission is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such em
ployees, accountants, attorneys, experts, and other persons as may be necessary
in the performance of its duties under this Act: Provided, however, the Commis
sion shall pay no employee a monthly compensation exceeding $300.00. No
person shall be employed by the Commission nor shall the Commission authorize
the payment of any compensation to any person employed under this Act who
has not been a resident of the State of Florida for at least five years immediately
preceding his employment. The Commission may delegate to any such person
such power and authority as it deems reasonable and proper for the effective
administration of this Act, and may in its discretion bond any person handling
monies or signing checks hereunder; the cost of such bonds shall be paid from
the unemployment compensation administration fund. The Commission shall
classify positions under this Act and shall establish salary schedules and minimum
personnel standards for the positions so classified. It shall provide for the hold
ing of examinations to determine the qualifications of applicants for the positions
so classified, and except for temporary appointments of not to exceed six months
in duration, such personnel shall be appointed on the basis of efficiency and fitness
as determined in such examinations. The Commission shall establish and enforce
fair and reasonable regulations for appointments, promotions, and demotions
based upon ratings of efficiency and fitness and for terminations for cause.

Sec. 13. Employment service.— (a) The Florida State Employment Service is

hereby established in the Florida Industrial Commission as a division with a
separate administrative unit with respect to personnel, budget, and duties, except
insofar as the Commission may find that such separation in local offices is im
practical because of the small size of the territory served or of the volume of work
done, which division shall be responsible for the discharge of its distinctive func
tions. The Commission, through such division, shall establish and maintain free
public employment offices in such number and in such places as may be necessary
for the proper administration of this Act and for the purposes of performing such
duties as are within the purview of the Act of Congress entitled “ An Act to
provide for The Establishment of a National Employment System and for Co
operation with the States in the promotion of such System, and for other Pur
poses/J approved June 6 , 1933 (48 Stat. 113; U. S. C., Tit. 29, Sec. 49 (c)), as
amended. It shall be the duty of the division to cooperate with any official or
agency of the United States having power or duties under the provisions of the
Act of Congress, as amended, and to do and perform all things necessary to secure
to this State the benefits of said Act of Congress, as amended, in the promotion
and maintenance of a system of public employment offices. The provisions of the
said Act of Congress, as amended, are hereby accepted by this State, in conformity
with Section 4 of said Act, and this State will observe and comply with the require
ments thereof. The Florida Industrial Commission is hereby designated and
constituted the agency of this State for the purpose of said Act. The Commission
is authorized and directed to appoint sufficient employees to carry out the pur
poses of this Section.
(b) All monies received by this State under the said Act of Congress, as amended,
shall be paid into the special “ Employment Service Account” in the unemploy
ment compensation administration fund, and said monies are hereby made avail
able to the Commission for the Florida State Employment Service, to be expended
as provided by this Act and by said Act of Congress. For the purpose of establish
ing and maintaining free public employment offices, the Commission is authorized

TEXT OF THE LAWS

to enter into agreements with any political subdivision of this State and with any
private non-profit organization and as a part of any such agreement, the Com
mission may accept monies, services, or quarters as a contribution to the Employ
ment Service Account.
Sec. 14. Employment service account.—
*
*
*
*
*
*
*
(b) A special “ Employment Service Account” shall be maintained as a part
of the unemployment compensation administration fund for the purpose of
maintaining the public employment offices established pursuant to Section 13 of
this Act and for the purpose of cooperating with the United States Employment
Service. There is hereby appropriated to the employment service account of the
unemployment compensation administration fund, from any monies in the
State Treasury on the 1st day of July, 1937, the sum of $70,000 and a like sum
the 1 st day of July, 1938. In addition, there shall be paid into such account the
monies designated in Section 13, subsection b of this Act, and such monies as are
apportioned for the purposes of this Act from any monies received by this State
under Title III of the Social Security Act, as amended.
GEORGIA

ACTS OF 1937
A ct N o. 335.— Unemployment Compensation Law
Section 10. Bureau of •unemployment compensation.— (a)

There is hereby
created in the Department of Labor a Bureau, to be known as the Bureau of
Unemployment Compensation, which shall be administered by a full-time salaried
director, who shall be subject to the supervision and direction of the Commissioner
of Labor. The Commissioner by and with the approval of the Governor is
authorized to appoint, fix the compensation of, and prescribe the duties of such
director, provided that such appointment shall be made on a nonpartisan, merit
basis.
(b) There is hereby established in the Bureau of Unemployment Compensation,
two coordinate divisions, the Georgia State Employment Service Division, created
pursuant to Section 12 of this Act, and the Unemployment Compensation Divi
sion. Each division shall be responsible for the discharge of its distinctive
functions. Each division shall be a separate administrative unit with respect to
personnel, budget, and duties except in so far as the Commissioner may find that
such separation is impracticable.

Sec. 11. Personnel.—

*
*
*
*
*
*
*
(d) Subject to other provisions of this Act, the Commissioner is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such officers,
accountants, attorneys, experts and other persons as may be necessary in the
performance of his duties under this Act. The Commissioner may delegate to any such
person such power and authority as he deems reasonable and proper for the effective
administration of this Act, and may in his discretion bond any persons handling
moneys or signing checks hereunder. The Commissioner shall classify positions
under this Act and shall establish salary schedules and minimum personnel
standards for the positions so classified. He shall provide for the holding of
examinations to determine the qualifications of applicants for the positions so
classified, and, except for temporary appointments of not to exceed six months in
duration, such personnel shall be appointed on the basis of efficiency and fitness
as determined in such examinations. No person who is an officer or committee
member of any political party organization or who holds or is a candidate for any
elective public office shall be appointed or employed under this Act. The Com
missioner shall establish and enforce fair and reasonable regulations for appoint
ments, promotions and demotions based upon ratings of efficiency and fitness and
for terminations for cause.
Sec. 1 2 . Employment service.— (a) The Georgia State Employment Service is
hereby established in the Department of Labor as a division of the Bureau of
Unemployment Compensation. The Commissioner, through such division, shall
establish and maintain free public employment offices in such number and in such
places as may be necessary for the proper administration of this Act and for the
purposes of performing such duties as are within the purview of the Act of Con136553*— 37------ 3

LAWS RELATING TO EMPLOYMENT AGENCIES

gress entitled “ An Act to provide for the establishment of a National Employment
System and for cooperation with the States in the promotion of such system, and
for other purposes” , approved June 6 , 1933 (48 Stat. 113; U. S. C., title 29,
Sec. 49 (c)), as amended. The said Division shall be administered by a full-time
salaried director, who shall be charged with the duty to cooperate with any official
or agency of the United States having powers or duties under the provisions of the
said Act of Congress, as amended, and to do and perform all things necessary to
secure to this State the benefits of the said Act of Congress, as amended, in the
promotion and maintenance of a system of public employment offices. The
provisions of the said Act of Congress, as amended, are hereby accepted by this
State, in conformity with Section 4, of said Act, and this State will observe and
comply with the requirements thereof. The Georgia State Employment Service
Division is hereby designated and constituted the agency of this State for the
purposes of said Act. The Commissioner is directed to appoint the director,
other officers, and employees of the Georgia Employment Service. Such appoint
ments shall be made in accordance with regulations prescribed by the Director of
the United States Employment Service, and shall be confined to bona fide residents
of the State of Georgia.
(b) All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ Employment Service Account” in the
Unemployment Compensation Administration Fund, and said moneys are
hereby made available to the Commissioner for the Georgia State Employment
Service Division, to be expended as provided by this section and by said Act of
Congress. For the purpose of establishing and maintaining free public employ
ment offices, said Commissioner is authorized to enter into agreements with any
political subdivision of this State or with any private, nonprofit organization,
and as a part of any such agreement the Commissioner may accept moneys,
services, or quarters as a contribution to the employment service account.
Sec. 13. Employment service account.—

(b) A special “ employment service account” shall be maintained as a part of
the Unemployment Compensation Administration Fund for the purpose of main
taining the public employment offices established pursuant to Section 12 of this
Act and for the purpose of cooperating with the United States Employment
Service. In addition to the moneys paid into the employment service account
pursuant to Section 12 (b) of this Act there shall be paid into such account such
moneys as are apportioned for the purposes of this account from any moneys
received by this State under Title 3 of the Social Security Act, as amended.
HAWAII
ACTS OF 1937
A ct No. 243.— Unemployment insurance law
Section 18. County unemployment compensation commissions.— In each county
in the Territory of Hawaii there is hereby created a county unemployment com
pensation commission.
The commission shall be composed of three members in each of the counties
who shall be appointed by the governor in the manner prescribed in section 80
of the Organic Act, and the governor shall designate one member to serve as
chairman of the commission.

Sec. 19. Territorial unemployment compensation board.— The chairmen of the

respective county unemployment compensation commissions are hereby desig
nated as members of the territorial unemployment compensation board. In
addition to the above four ex-officio members, the governor shall appoint in the
manner prescribed in section 80 of the Organic Act three additional members
from the Territory at large, one of whom shall be designated as chairman of the
board.

Sec. 20. Eligibility for membership.— No person shall be eligible for member

ship on the territorial unemployment compensation board or the county unem
ployment compensation commissions who occupies any elective position under
the territorial or county government, and no member shall during his term of

TEXT OF THE LAWS

office serve as an officer or committee member of any political party organization,
or present himself as a candidate of any political party for election to any public
office.
Sec . 2 1 . Duties and powers.— It shall be the duty of the board to administer
this Act, and it shall have the power and authority to adopt, amend, or rescind
such rules and regulations, to employ such persons, make such expenditures,
require such reports, make such investigations, and take such other action as it
deems necessary or suitable to that end.

The board is authorized to appoint, fix the compensation subject to the approval
of the governor, and prescribe the duties and powers of its officers, and. other
employees as may be necessary, and they shall hold office subject to the pleasure
of the board.
The board shall establish minimum standards of training, experience and ability
for personnel employed by the board and commissions and provide for the mainte
nance and enforcement of such personnel standards. The board shall act as
appeal tribunal from any decision of a county commission.
Sec. 22 . Duties and powers of county commissions.— Subject to the adminis
trative supervision of the territorial board, the county commissions shall make
such rules and regulations, and employ such persons as may be necessary for the
administration of this Act in their respective counties. Each commission shall
cause to be maintained public employment offices in such number and in such
locations as may be necessary to provide for the registration of the unemployed
and to carry out other provisions of this Act.

Sec. 44. Public employment service.— The board shall establish a public employ

ment service and the county commissions shall establish and maintain free public
employment offices in such number and in such places as may be necessary for the
proper administration of this Act and for the purpose of performing such duties
as are within the purview of the Act of Congress, entitled “ An Act to provide for
the establishment of a national employment system and for cooperation with the
states in the promotion of such system, and for other purposes” , approved June 6 ,
1933. The territorial board shall cooperate with any official or agency of the
United States having powers or duties under the provisions of the said Act of
Congress, as amended, and do and perform all things necessary to secure to the
Territory the benefits of said Act of Congress, as amended, in the promotion and
maintenance of a system of public employment offices. The provisions of the
said Act of Congress, as amended, are hereby accepted by the Territory, in con
formity with section 4 of said Act, and the Territory shall observe and comply
with the requirements thereof. The unemployment compensation board is
hereby designated and constituted the agency of the Territory for the purposes of
said Act. The board shall appoint such officers and employees as may be
necessary.

Sec. 47. Public employment service funds.— All monies received by the Territory

under the Act of Congress, entitled “ An Act to provide for the establishment
of a national employment system and for cooperation with the states in the
promotion of such system, and for other purposes” , approved June 6 , 1933, shall
be paid into the territorial treasury and said monies together with monies appro
priated by the Territory for public employment offices are hereby made available
to the unemployment compensation board to be expended as provided by section
44 and by said Act of Congress. For the purpose of establishing and maintaining
free public employment offices, the board is authorized to enter into agreements
with any political subdivision of the Territory or with any private, non-profit
organization, and as a part of any such agreement the board may accept monies,
services, or quarters as a contribution to the employment service, and such monies
shall be deposited with the treasurer of the Territory to be separately accounted
for.

Sec . 49. Account.— The territorial auditor is hereby authorized to prescribe

and maintain such methods of accounting, not inconsistent with any requirement
or regulation of the Federal Government, or any agency thereof, including the
Social Security Board and the United States Employment Service, designed for
the purpose as he may deem necessary properly to carry out the provisions of
this Act.

LAW S RELATING TO EMPLOYMENT AGENCIES
IDAHO

CODE, 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 schoolteachers
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 five thousand 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 five thousand 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 estab
lished it shall be the duty of the municipal authorities to provide for the estab
lishment 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.
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 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

TEXT OE THE LAWS

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.
S e c . 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.
S e c . 43-209. Records.— It shall be the duty of the chief clerk of each municipal
employment office established under this 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.
S e c . 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 t,he 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
fifty dollars nor more than $300, or by imprisonment in the county jail for not
more than six months, or by both such fine and imprisonment.
ACTS OF 1935 (FIRST SPECIAL SESSION)

C h a p t e r 22
S e c t i o n 1 . Federal act accepted.— The State of Idaho hereby accepts the pro
visions of the Act of Congress approved June 6th, 1933, entitled “ An act to provide
for the establishment of a national employment system, and for cooperation with
the States in the promotion of such system, and for other purposes.”
Sec . 2. (As amended 1936, Third Special Session, ch. 12). Cooperating
agency.— The Industrial Accident Board is hereby designated and constituted the
State agency for the purpose of said act of Congress, with full power and authority
to cooperate with all authorities of the United States having powers or duties
under such act and to do and perform all things necessary to secure to the State
of Idaho the benefits of such act in the promotion and maintenance of a system of
public employment offices.
S e c . 3. (As amended 1936, 3rd spec, sess., ch. 12 ; 1937, ch. 187). Employment
service fund.— All moneys appropriated by the Legislature for the purposes of the
Act of Congress, approved June 16, 1933, entitled “ An Act to Provide for the
Establishment of a National Employment System and for Cooperation "with the
States in the Promotion of such System and for Other Purposes” and to be used to
procure to the State of Idaho the benefits of such Act in the promotion and main
tenance of a system of public employment offices, and also, all funds allotted by
the United States under the provisions of said Act of Congress, shall be placed in
a special fund in the State Treasury to be known as the “ Employment Service
Fund.” All moneys appropriated for, accruing to or received by said fund are
hereby appropriated for the purposes mentioned in this section, and shall be paid
out by the State Treasurer only upon State vouchers prepared and approved and
certified to by the Industrial Accident Board.
ACTS OF 1936 (TH IR D SPECIAL SESSION)

C h a p t e r 1 2 . — Unemployment compensation law
S e c t i o n 10.— Administrative board.— Until otherwise provided by law, this
act shall be administered by the Industrial Accident Board of the State of Idaho.
S e c . 11. Administration.—

LAWS RELATING TO EMPLOYMENT AGENCIES

(c)
Subject to the provisions of this act, the board is authorized to appoint,
fix the compensation, and prescribe the duties and powers of such officers, account
ants, attorneys, experts and other persons as may be necessary. All positions shall
be filled by persons selected and appointed on a nonpartisan merit basis.

S e c . 12 .

Employment service.— The board may establish and maintain free
public employment offices and in the establishment and maintenance thereof may
cooperate with any free public employment offices now established or hereafter
established by the State of Idaho or any political subdivision thereof or the Fed
eral government.
ILLINOIS

REVISED STATUTES, 1935

C h a p t e r 48.— Free employment agencies
Par. 60. Number of offices.— The Department of Labor is authorized to establish
and maintain free employment offices, for the purpose of receiving applications 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 iabor, and such
branch offices not to exceed 5 at any one time, the location of branch offices to be
approved by the Governor. Sucn offices shall be designated and known as
Illinois Free Employment Offices.
Par. 61. 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
representatives 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 appoint
ments 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
approved 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
unemployment 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.2
Par. 62. Local advisory boards.— The said General Advisory Board in coopera
tion with the said secretary of the Bureau of Labor Statistics, shall organize in
connection with each office and branch office, a local advisory board of not more
than five (5) 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.8

1 Pow ers and d uties of the general advisory board transferred to the D epartm ent of Labor. (R evised
S tatutes 1935, ch. 24a. par. 44.)
* Powers and d uties of the local advisory board transferred to the D ep artm en t of Labor. (R evised Statutes
1935, ch. 24a, par. 44.)

TEXT OF THE LAWS

Par. 63. Duties of general board.— The said General Advisory Board in cooper
ation 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 indus
tries, 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 pos
sible constancy 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 Gov
ernment in extending these movements beyond the State.
Par. 64. Employment of discharged convicts.— It shall be the duty of the
Department 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 informa
tion 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 employ
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 employ
ment 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.
Par. 65. [The offices created by this section were abolished and the powers and
duties connected therewith were transferred to the Department of Labor.
(Revised Statutes, 1935, ch. 24a, par. 35.)]
Par. 66 . 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 appro
priate for the purpose intended; such office to be provided with a sufficient num
ber 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 outside windows or upon signs in such other languages as the location of each
such office shall render advisable. The general superintendent or superintendent
of each such free employment office shall receive and register the names of all per
sons 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 statistical 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.
Par. 67. Reports.— Each general superintendent or superintendent shall make
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.
Par. 68 . 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.

LAWS RELATING TO EMPLOYMENT AGENCIES

Par. 69. 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
employers 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 situ
ations 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 through
the Illinois Free Employment offices.
Par. 70. 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
misdemeanor, 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.
Par. 71. 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.
Par. 72. 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 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
performance 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.
Par. 73. [This section merely pertains to the furnishing and printing of blanks,
etc., by State Board of Contracts.]
C h a p t e r 52a

Par. 9. United States Employment Service.— Section 1.— All the privileges,
benefits, obligations and conditions of an Act of Congress entitled “ An Act to
provide for the establishment of a National employment system and for coopera
tion with the states in the promotion of such system, and for other purposes,” are
hereby accepted by the State of Illinois and the Department of Labor is authorized
and empowered and it shall be its duty to cooperate with the United States Em
ployment Service and to coordinate the services and work of the public employ
ment offices of the State with the services and work of such National employment
system and to do all the things which are necessary to obtain the benefits which
are available under the provisions of the aforementioned Federal Act.
Par. 10. State Treasurer custodian of funds.— Sec. 2 .— The State Treasurer shall
be ex-officio custodian of all moneys apportioned to this State under the provisions
of the said Federal Act. Such moneys shall be expended by the Department of
Labor for the purpose of establishing and maintaining public employment offices
in accordance with the provisions of the aforesaid Federal Act, and may be paid
out by the State Treasurer upon the order of the Department of Labor.
The State Treasurer shall deposit such moneys in banks which have been ap
proved as State depositaries under the provisions of “ An Act in relation to State
moneys,” approved June 28, 1919, as amended, and for the safe keeping of such
moneys shall take securities as provided in said Act.

TEXT OP THE LAWS

ACTS OF 1937
Page 1127 (A mending Civil A dministrative C ode)
Section 6. Boards of unemployment compensation and free employment office

advisers.— Advisory and non-executive boards, in the respective departments, are
created as follows: * * *
In the Department of Labor: * * *
A Board of Local Illinois Free Employment Office Advisers, for each free em
ployment office, composed of five persons on each local board.
A Board of Unemployment Compensation and Free Employment Office Ad
visers, composed of nine persons: * * *
Sec. 7. Selection of members.— * * * Of the nine members of the Board of
Unemployment Compensation and Free Employment Office Advisers, three mem
bers shall be representative citizens chosen from the employee class, three
members shall be representative citizens chosen from the employing class, and
three members shall be representative citizens not identified with either the
emploving or employee classes.
Of tne five local Illinois free employment office advisers, two shall be representa
tive citizens of the employee class, two shall be representative citizens chosen
from the employing class, and the other shall be a representative citizen not
identified with either the employing or employee classes. * * *
Page 571.— Unemployment Compensation
Section 20. Duties of director.— (a) It shall be the duty of the Director to
administer this Act. lie shall appoint a commissioner of placement and unem
ployment compensation, subject to the provisions of the State Civil Service Law,
who shall have direction of all administrative activities of the Director in the
administration of this Act, and such other powers and duties as shall be prescribed
by the Director. He shall act as coordinating officer between the State employ
ment service and the administration of unemployment compensation.

(c) Subject to other provisions of this Act, the Director is authorized to appoint,
fix the compensation, and prescribe the duties and powers of such employees,
accountants, experts, and other persons as may be necessary in the performance of
his duties under this Act in accordance with the applicable provisions of the State
Civil Service Law. The Commissioner of Placement and Unemployment Com
pensation may delegate to any such person such power and authority as he deems
reasonable and proper for the effective administration of this Act, and the Direc
tor may in his discretion bond any person handling moneys or signing checks
hereunder.
(d) * * * The Board of Unemployment Compensation and Free Employment
Office Advisers created by Section 6 of “ The Civil Administrative Code of
Illinois,” approved March 7, 1917, as amended, and the local councils appointed
by the Director pursuant to this section shall aid the Director in formulating
policies and discussing problems related to the administration of this Act and in
assuring impartiality and freedom from political influence in the solution of such
problems. Such local advisory councils shall serve without compensation, but
shall be reimbursed for any necessary expenses.

(f) The Director shall create as many employment districts and establish and
maintain as many State employment offices as he deems necessary to carry out the
provisions of this Act. In addition to such offices and branches, the Illinois State
Free Employment offices now in existence and such as may hereafter be created
pursuant to the provisions of “ An Act relating to employment offices and agencies,”
approved May 11, 1903, as amended, shall also serve as employment offices
within the purview of this Act. All such offices and agencies so created and
established, together with said Illinois Free Employment Offices, shall constitute
the State employment service within the meaning of this Act. The Department
of Labor and the Director thereof may continue to be the state agency for cooper
ation with the United States Employment Service under An Act of Congress
entitled “ An Act to provide for the establishment of a national employment system
and for cooperation with the States in the promotion of such system, and for other
purposes,” approved June 6 , 1933, as amended.

LAWS RELATING TO EMPLOYMENT AGENCIES
INDIANA
BURNS' ANNOTATED STATUTES, 1926
C hapter 72, A rticle 4.— Employment commission4

Section 9374. Free employment offices.— It shall be the duty of the employment
commission, and it shall have power, jurisdiction, and authority:
(a) 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
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 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. Women'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 voca
tional employment on farms for town and city boys who are interested in agricul
tural 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 organizations of employed minors, particularly those of foreign parentage, in
order to promote the development of real, practical Americanism in a broader
knowledge of the duties of citizenship; to investigate methods of vocational rehab
ilitation 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.
(id) 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 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 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
*

Since there is no record of sectio n s 9374-80 h a v in g b een rep ealed , th ey are in clu d ed here.

TEXT OF THE LAWS

the State for thy purpose of this act, any part or 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.
(f) 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 twenty-five dollars and not more than fifty dollars to which may be added
imprisonment in the county jail for not more than thirty 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.
ACTS OF 1935

C h a p t e r 40
S e c t io n 1. State acceptance of act.— The State of Indiana does hereby through
its general assembly accept the provisions and benefits of the act of Congress
entitled “ An act to provide for the establishment of a national employment
system and for cooperation with the States in the promotion of such systems
and for other purposes,” approved June 6 , 1933, and will observe and comply
with the several requirements of such act.

ACTS OF 1936 (SPECIAL SESSION)

C h a p t e r 4.— Unemployment compensation law
9. Unemployment compensation division.— (a) There is hereby created
in the department of treasury a division which shall be known as the unemploy
ment compensation division, which shall be administered by a board which
shall be known as the state unemployment compensation board.
(b) The state unemployment compensation board shall consist of five mem
bers, who shall be appointed by the board of the department of treasury, as
hereinafter provided. *. * *
(c) The board, with the advice and approval of the board of the department
of treasury, shall select and appoint a director, who shall serve as the executive
and administrative officer of the division and who shall be the secretary of the
S e c t io n

LAWS RELATING TO EMPLOYMENT AGENCIES

board. * * * The State board shall have the power and it shall be its duty
to classify and to fix the minimum standards for the personnel and to formulate
salary schedules for the service so classified, and the board shall hold or provide
for holding examinations to determine the technical and professional qualifica
tions of applicants for positions in the division, and provide for annual merit
ratings of employees in the division to ascertain whether such employees, or
any of them, are maintaining the eligibility standards prescribed by the board.
(d)
There are hereby established in the unemployment compensation division,
two coordinate sections, which shall be known as the Indiana State Employment
Service section, created pursuant to section 1 1 of this act, and the unemployment
compensation section. Each section shall be responsible for the discharge of its
distinctive functions. Each section shall be a separate administrative unit with
respect to personnel, budget and duties, except insofar as the director may find
that such separation in local offices is impracticable because of the small size
of the territory served or of the volume of work performed.
Sec. 10 (as amended 1937, ch. 125). Administration.—

(d)
Subject to other provisions of this act, the board is authorized to appoint,
fix the compensation, and prescribe the duties and powers of such officers, ac
countants, attorneys, experts and other persons as may be necessary in the
performance of its duties. All positions shall be filled by persons selected and
appointed, as provided herein. The board may authorize any such person so
appointed to do any act or acts which could lawfully be done by the board,
and may, in its discretion, bond any person charged with the custody of any
money or securities, or signing checks hereunder.
Sec . 11 (as amended 1937, ch. 125). Employment service.— (a) The Indiana
State Employment Service is hereby transferred to the employment section of
the division of unemployment compensation, and the board, through such section,
shall establish and maintain free public employment offices in such number and
in such places as may be necessary for the proper administration of this act and
for the purpose of performing such duties as are within the purview of the Act of
Congress, entitled, “ an act to provide for the establishment of a national employ
ment system and for cooperation with the States in the promotion of such system,
and for other purposes,” approved June 6 , 1933 (48 Stat. 113, U. S. Code, title
29, section 49 (c)), as amended. Any existing free public employment offices
maintained by the State but not heretofore under the jurisdiction of the board
shall be transferred to the jurisdiction of the board upon the taking effect of this
act, and upon such transfer all duties and powers conferred upon any other depart
ment, agency, or officer of this State relating to the establishment, maintenance
and operation of free public employment offices shall be vested in the board.
The said section shall be administered by a salaried assistant director. The
board shall be charged with the duty to cooperate with any official or agency of
the United States having powers or duties under the provisions of said Act of
Congress, as amended, and to do and perform all things necessary to secure to
this State the benefits of the said Act of Congress, as amended, in the promotion
and maintenance of a system of public employment offices. The board is hereby
designated and constituted the agency of this State for the purpose of said act.
The board is directed to appoint the assistant director, other officers and employees
of the Indiana State Employment Service in accordance with regulations prescribed
by the director of the United States Employment Service. If this act shall become
inoperative, the Indiana State Employment Service shall not be affected thereby,
but such service shall, upon the happening of such contingency, be deemed to be
transferred to the Governor’s Commission on Unemployment Relief, and shall
be operated by the Governor’s Commission on Unemployment Relief as it would
have been if this act had not been passed.
(b) All monies received by this State under the said Act of Congress, as amended,
shall be paid into the special “ employment service account” in the unemployment
compensation administration fund, and said monies are hereby made available
to the board for the Indiana State Employment Service to be expended as pro
vided by this section and by said Act of Congress. For the purpose of establishing
and maintaining free public employment offices, said board is authorized to enter
into agreements with any political subdivision of this State or with any private,
non-profit organization, and as a part of any such agreement the board may
accept monies, services, or quarters as a contribution to the employment service
account.
(c) A special “ employment service account” shall be maintained for the purpose
of maintaining the public employment offices established pursuant to section 11

TEXT OF THE LAWS

of this act and for the purpose of cooperating with the United States Employment
Service. The funds rppropriated and made available to the Indiana State
Employment Service by the Act of the 79th General Assembly and such funds
as have been received from the United States Employment Service are hereby
made available to the board for the Indiana State Employment Service section
of this division and said funds shall be maintained in the “ employment service
account” of the unemployment compensation administration fund. The General
Assembly shall appropriate and make available to the board for the Indiana State
Employment Service annually an amount sufficient to insure the Stated receiving
its full share of funds under the Wagner-Peyser Act. In addition, there shall be
paid into such account the monies designated in subsection (b) of section 11 of
this act, and such monies as are apportioned for the purposes of this account from
any monies received by this State under Title III of the Social Security Act, or
any amendments thereto.
IOWA
CODE, 1935
C hapter 75.— Bureau of Labor
Section 1525-fl. Acceptance of Federal act.— The state of Iowa hereby accepts
the provisions of the act of congress approved June 6 , 1933, (12 USCA, Sec. 1131
et seq.) entitled, “ An act to provide for the establishment of a national employ
ment system and for cooperation with the states in the promotion of such system,
and for other purposes.”
Sec . 1525-f2. State agency.— The state bureau of labor is hereby designated and
constituted the agency of the state for the purposes of such act (12 USCA, 1131
et seq.) with full power to cooperate with all authorities of the United States
having powers or duties under such act and to do and perform all things necessary
to secure to the state the benefits of such act in the promotion and maintenance
of a system of public employment offices.
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.
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 employ
ment 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.
ACTS OF 1936 (SPECIAL SESSION)
C hapter 4.— Unemployment compensation law
Section 10 (as amended 1937, chs. 103, 102). Unemployment compensation com
mission.— (a) There is hereby created a Commission to be known as the Iowa
Unemployment Compensation Commission.
♦

(c) The commission shall establish two coordinate divisions: the Iowa State
Employment Service division created pursuant to section 12 of this Act, and the
Unemployment Compensation Division. Each division shall be responsible for

LAWS RELATING TO EMPLOYMENT AGENCIES

the discharge of its distinctive functions. Each division shall be a separate
administrative unit with respect to personnel, budget and duties, but shall coor
dinate one with the other in such manner as the commission may prescribe.
Sec. 11 (as amended 1937, ch. 102 ). Personnel.—

(d)
Subject to other provisions of this Act, the Commission is authorized to
appoint, fix the compensation, but not to exceed for any employee twenty-four
hundred dollars ($2400.00) per year except the compensation for certified public
accountants, actuaries which shall not exceed thirty-six hundred dollars ($3600.00)
per year, and legal counsel which shall not exceed four thousand dollars ($4000.00)
per year, provided, however, that the above scale of compensation shall not apply
to the Iowa State Employment Service Division provided for in Sec. 12 (a) of
this act, and prescribe the duties and powers of such officers, accountants, attor
neys, experts, and other persons as may be necessary in the performance of
its duties. The Commission shall classify its positions and shall establish salary
schedules and minimum personnel standards for the positions so classified. All
positions shall be filled by persons selected and appointed on the basis of com
petency and fitness for the position to be filled. The Commission shall not
appoint or employ any person who is an officer or committee member of any
political party organization or who holds or is a candidate for any elective pub
lic office. The Commission shall establish and enforce fair and reasonable
regulations for appointments, promotions and demotions based upon ratings of
efficiency and fitness and for terminations for cause. The Commission may dele
gate to any such person so appointed such power and authority as it deems
reasonable and proper for the effective administration of this Act, and may in its
discretion bond any person handling moneys or signing checks hereunder. Not
more than sixty per cent of the employees of the said commission shall be members
of any one political party.
Sec. 12 (as amended 1937, ch. 102). Employment service.— (a) The Iowa State
Employment Service, as provided in Chapters 75 and 77 of the Code of Iowa, is
hereby transferred to the commission as a division thereof, which shall establish
and maintain free public employment offices in such number and in such
places as may be necessary for the proper administration of this Act and for the
purpose of performing such duties as are within the purview of the Act of Con
gress entitled “ An Act to provide for the establishment of a national employment
system and for cooperation with the States in the promotion of such system,
and for other purposes,” approved June 6 , 1933 (48 Stat. 113; U. S. C., title 29,
sec. 49, as amended). The said division shall be administered by a full-time
salaried director, who shall be charged with the duty to cooperate with any official
or agency of the United States having powers or duties under the provisions of
the said Act of Congress, as amended, and to do and perform all things necessary
to secure to this State the benefits of the said Act of Congress, as amended, in the
promotion and maintenance of a system of public employment offices. The Iowa
State Employment Service division is hereby designated and constituted the
agency of this State for the purposes of said Act. The commission is directed to
appoint the director, other officers and employees of the Iowa State Employment
Service. Such appointments shall be made in accordance with regulations
prescribed by the Director of the United States Employment Service. If this
Act shall become inoperative for the reason prescribed in Section 24 of .this Act.
the Iowa State Employment Division shall not be affected thereby, but such
division shall, upon the happening of such contingency, be deemed to be a division
of the bureau of labor of the State of Iowa, with the same force and effect as if
this Act had not been passed, and that all funds and property made available to
the Iowa State Employment Service division under this Act shall under such con
tingency become, and shall be declared to be, the funds and property of the Iowa
State Employment Service of the bureau of labor of Iowa.
(b)
All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
unemployment compensation administration fund, and said moneys are hereby
made available to the Iowa State Employment Service to be expended as provided
by this section and by said Act of Congress. For the purpose of establishing and
maintaining free public employment offices, said division is authorized to enter
into agreements with any political subdivision of this State or with any private,
non-profit organization, and as a part of any such agreement the commission may
accept moneys, services, or quarters as a contribution to the employment service
account.

TEXT OF THE LAWS

Sec . 13. Employment service account.—

(b)
A special “ Employment Service Account” shall be maintained as a part
of the Unemployment Compensation Administration Fund for the purpose of
maintaining the public employment offices established pursuant to Section 12 of
this Act and for the purpose of cooperating with the United States Employment
Service. There is hereby transferred to the Employment Service Account of the
Unemployment Compensation Administration Fund, the unexpended balance of
any money heretofore appropriated or received for the Iowa State Employment
Service. In addition, there shall be paid into such account the moneys designated
in Section 12 (b) of this Act, and such moneys as are apportioned for the purpose
of this account from any moneys received by this State under Title III of the
Social Security Act, as amended.
KANSAS
GENERAL STATUTES, 1935
C hapter 44, A rticle 6 .— State free employment bureau and agencies
Section 44r~653. Farm labor.— It shall be the further duty of the court of indus

trial 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 rela
tions 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.
Sec. 44r-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 [it] may require.
Every person shall be notified of employment open in the order of his or her regis
tration 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

LAWS RELATING TO EMPLOYMENT AGENCIES

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 ana 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.
C hapter 74, A rticle 7.— Commission of labor and industry
Section 74r-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.
ACTS OF 1937
C hapter 255. — Unemployment compensation law
Section 13. Unemployment compensation division.—(a) There is hereby cre

ated in the commission of labor and industry a division to be known as the unem
ployment compensation division, which shall be administered by a full-time
salaried director, who shall be subject to the supervision and direction of the
commission. The commission is authorized to appoint, fix the compensation of,
and prescribe the duties of such director: Provided, That such appointment shall
be made on a nonpartisan, merit basis.
(b) There is hereby established in the unemployment compensation division
two coordinate sections, the Kansas state employment service section, created
pursuant to section 15 of this act, and the unemployment compensation section.
Each section shall be responsible for the discharge of its distinctive functions.
Each section shall be a separate administrative unit with respect to personnel,
budget, and duties, except insofar as the commission may find that such separation
is impracticable.
Sec . 14. Administration; personnel. —

(d)
Subject to other provisions of this act, the commission is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such officers,
accountants, deputies, attorneys, experts, and other persons as may be necessary
in carrying out the provisions of this act. The commission shall classify its posi
tions and shall establish salary schedules and minimum personnel standards for
the positions so classified. It shall provide for the holding of examinations to
determine the qualifications of applicants for the positions so classified, and,
except for temporary appointments not to exceed six months in duration, shall
appoint its personnel on the basis of efficiency and fitness as determined in such
examinations. The commission shall not appoint or employ any person who is
an officer or committee member of any political party organization or who holds
or is a candidate for any elective public office. The commission shall establish
and enforce fair and reasonable regulations for appointments, promotions and
demotions, based upon ratings of efficiency and fitness and for terminations for
cause. The commission may delegate to any such person so appointed such power
and authority as it deems reasonable and proper for the effective administration
of this act, and may in its discretion bond any persons handling moneys or signing
checks hereunder. * * *

TEXT OF THE LAWS

Sec . 15. Employment service.— (a) The commission shall create a State employ
ment service section in the division of unemployment compensation which section
shall establish and maintain thereunder free public employment offices in such
number and in such places as may be necessary for the proper administration of
this act and for the purpose of performing such duties as are within the purview
of the act of congress entitled “ An act to provide for the establishment of a
national employment system and for cooperation with the States in the promotion
of such system, and for other purposes,” approved June 6 , 1933 (48 Stat. 113;
U. S. C., Title 29, Sec. 49 (c)), as amended. The said section shall be adminis
tered by a full-time salaried director, who shall be charged with the duty of
cooperating with any official or agency of the United States having powers or
duties under the provisions of the said act of congress, as amended, and to do
and perform all things necessary to secure to this State the benefits of the said
act of congress, as amended, in the promotion and maintenance of a system of
public employment offices. The provisions of the said act of congress, as amended,
are hereby accepted by this state, in conformity with section 5 of said act, and
this state will observe and comply with the requirements thereof. The Kansas
state employment service section is hereby designated and constituted the agency
of this state for the purpose of said act. The commission is directed to appoint
the director, other officers, and employees of the Kansas State Employment
Service. Such appointments shall be made in accordance with regulations pre
scribed by the director of the United States Employment Service.
(b) All moneys received by this state under the said act of congress, as amended,
shall be paid into the special “ employment service account” in the unemployment
compensation administration fund, and said moneys are hereby made available to
the Kansas state employment service to be expended as provided by this section
and by said act of congress. For the purpose of establishing and maintaining
free public employment offices, said division is authorized to enter into agreements
with any political subdivision of this state or with any private, nonprofit organiza
tion, and as a part of any such agreement the commission may accept moneys,
services, or quarters as a contribution to the employment service account.
Sec . 16. Employment service account.— * * *
(b) A special “ employment service account” shall be maintained as a part of
the unemployment compensation administration fund for the purpose of main
taining the public employment offices established pursuant to section 15 of this
act and for the purpose of cooperating with the United States employment service.
(c) There is hereby appropriated to the employment service account of the
unemployment compensation administration fund, from any money in the State
treasury not otherwise appropriated, the sum of $15,000 for the fiscal year ending
June 30, 1937; $50,000 for the fiscal year ending June 30, 1938; and $60,000 for
the fiscal year ending June 30, 1939, or so much thereof as may be necessary.
Pursuant to an estimate by the commission of the amount of money required dur
ing the ensuing calendar quarter from the sums appropriated, such amount shall
be credited to the employment service account of the administration fund at the
beginning of each quarter, and additional amounts may be credited by special
request of the commission. The auditor of state is hereby authorized and directed
to draw his warrants upon the treasurer of the State for the amounts appropriated
upon vouchers approved by the chairman of the commission. In addition, there
shall be paid into such account the moneys designated in section 15 (b) of this act.
KENTUCKY
ACTS OF 1932
C haptek 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 com
missioner of agriculture, labor and statistics:

------4

136553°— 37

LAWS RELATING TO EMPLOYMENT AGENCIES

(a) To establish and conduct employment offices in the State where such offices
are deemed advisable;
(b) To ascertain and make known the opportunities for employment;
(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;
(/) 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;
Ch) 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;
(l) To correlate the functions of the employment service with private and public
agencies such as the United States Employment Service, the United States Bureau
of Labor Statistics, the Red Cross, the Rehabilitation Service, war veteranfs’]
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 advisory 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 monies collected
shall be accounted for to the State Auditor and credited to the account and use
of said employment service.
Sec. 3. Feesf 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.
ACTS OF 1936 (FOURTH SPECIAL SESSION)
C hapter 7. Unemployment compensation law
Section 10. Administrative organization.— (a) There is hereby created in the

Department of Industrial Relations a Division to be known as the Division of
Unemployment Compensation, which shall be administered by an Executive
Director and two associate directors composing a board to be known as the
Unemployment Compensation Commission.

TEXT OF THE LAWS

There is hereby established under the Commission, two coordinate sections,
the Kentucky State Employment Service, created pursuant to Section 12 of
this Act and the Unemployment Compensation Section.
Each section shall be responsible for the discharge of its distinctive functions.
Each section shall be a separate administrative unit with respect to personnel,
budget, and duties, except insofar as the Commission may find that such separa
tion in the local offices is impracticable because of the small size of the territory
served or of the volume of work performed. The Kentucky State Employment
Service shall be administered by a full-time salaried Director who shall be ap
pointed by the Governor and shall be subject to the supervision and direction
of the Commission. The Commission is authorized to prescribe the duties of
the Director of the Kentucky State Employment Service in accordance with the
provisions of Section 12 of this Act. Neither the Director of the Kentucky State
Employment Service nor the Executive Director, Division of Unemployment
Compensation, shall, during his term of office, engage in any other business, voca
tion or employment and no Executive Director, or associate director shall, during
his term of office serve as an officer or committee member of any political party
organization.

Sec. 1 1 . Administration.—

Sec. 12 . Employment Service.— (a) The Commission shall create a section to

be known as the Kentucky State Employment Service which shall establish and
maintain free public employment offices in such number and in such places as
may be necessary for the proper administration of this Act and for the purpose
of performing such duties as are within the purview of the Act of Congress,
entitled “ An Act to provide for the establishment of a national employment serv
ice and for cooperation with the States in the promotion of such system, and for
other purposes” , approved June 6 , 1933 (48 Stat. 113, U. S. Code, Title 29,
Section 49 (c)), as amended. Any existing free public employment offices main
tained by the State but not heretofore under the jurisdiction of the Commission
shall be immediately transferred to the jurisdiction of such section, and upon
such transfer all duties and powers conferred upon any other department, agency,
or officer of this State relating to the establishment, maintenance and operation
of free public employment offices shall be vested in said section. The said
section shall be administered by a full-time salaried director, who shall be charged
with the duty to cooperate with any official or agency of the United States
having powers or duties under the provisions of the said Act of Congress, as
amended, and to do and perform all things necessary to secure to this State the
benefits of the said Act of Congress, as amended, in the promotion and main
tenance of a system of public employment offices. The provisions of the said
Act of Congress, as amended, are hereby accepted by this State, in conformity
with Section 4 of said Act, and this State will observe and comply with the
requirements thereof. The Kentucky State Employment Service is hereby desig
nated and constituted the agency of "this State for the purpose of said Act. The
Director of the employment service section shall be paid a fixed monthly salary
at a rate to be fixed by the Governor and the Director of the United States
Employment Service not to exceed Four Thousand Five Hundred Dollars per
annum. The Governor is directed to appoint the Director and the Director is
authorized to appoint the other officers and employees of the Kentucky State
Employment Service, subject to the approval of the Governor. All such appoint
ments shall be made in accordance with regulations prescribed by the Director
of the United States Employment Service.

LAWS RELATING TO EMPLOYMENT AGENCIES

(b) All monies received by this State under the said Act of Congress, as
amonded, shall be paid into the special “ employment service account” in the
Unemployment Compensation Administration Fund, and said monies are hereby
made available to the Kentucky State Employment Service to be expended as
provided by this section and by said Act of Congress. For the purpose of estab
lishing and maintaining free public employment offices, said division is authorized
to enter into agreements with any political subdivision of this State or any of its
municipalities or with any private, non-profit organization, and as a part of any
such agreement the Director of the Kentucky State Employment Service may
accept monies, services, or quarters as a contribution to the employment service
account.
S e c . 13. Special fund.—

(b) A special “ employment service account” shall be maintained as a part of
the Unemployment Compensation Administration Fund for the purpose of
maintaining the public employment offices established pursuant to Section 12 of
this Acr and for the purpose of cooperating with the United States Employment
Service. There is hereby appropriated to the employment service account of the
Unemployment Compensation Administration Fund, from any money in the
State Treasury not otherwise appropriated, for the fiscal year ending June 30,
1937, the sum of Sixteen Thousand Dollars and for the fiscal year ending June
30, 1938, the sum of Twenty Thousand Dollars. In addition, there shall be paid
into such account the monies designated in Section 12 (b) of this Act, and such
monies as are apportioned for the purposes of this account from any monies
received by this State under title III of the Social Security Act, as amended.
LOUISIANA
D A R T ’S GENERAL STATUTES, 1932
T it l e

34, C h a p t e r 2 .-— Free public employment offices

S e c t io n 4287. 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 commissioner 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.
S e c . 4288. 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 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.
S e c . 4289. 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 ascertain
as far as possible the fitness of the applicant seeking work and the reliability of
employers seeking help.
S e c . 4290. 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 appli
cation being made for same.
S e c . 4291. 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
that every employer and every person seeking employment in the state of Louisi
ana shall be permitted to enjoy the full benefits of said free employment bureaus
without cost.
S e c . 4292. 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 five ($5.00) dollars nor more than twenty-five ($25.00) dollars nor im
prisoned less than five (5) days or more than twenty (20) days in the parish prison
or both, at the discretion of the court.

TEXT OF THE LAWS

D A R T'S GENERAL STATUTES, 1932
C umulative A nnual P ocket Supplement, 1935
T itle 34, C hapter 1 A.—State employment service*
Section 4286.1. Provisions of federal act accepted.— [This section accepted the

provisions of the act establishing a system of public employment agencies.]
Sec . 4286.2. Fiscal year.-— The first fiscal year of the Louisiana state employ
ment service shall end on the 30th day of June, 1935, and each succeeding fiscal
year shall end on the 30th day of June of every year thereafter.
Sec . 4286.3. Necessary expenses.-—The director is authorized to appoint and
fix the compensation of such office employees and assistants, and to make such
expenditures, (including expenditures for personal service, office rent, law books,
books of reference and periodicals), as may be deemed necessary to carry out the
provisions of this Act.
Sec. 4286.4. Object and purposes.■— It shall be the province and duty of the
Louisiana state employment service to promote and develop a system of employ
ment offices throughout the State of Louisiana for men, women and minors 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, and, generally, to fully cooperate with the United States Em
ployment Service.
Sec . 4286.5. Offices.-— The head or main office of the Louisiana state employment
service shall be located in the city of New Orleans, and other offices may be estab
lished at such other points throughout the State of Louisiana as may be deemed
advisable by the director and advisory council, hereinafter provided for. The
personnel of each office shall conform with the regulations prescribed by the
United States Employment Service.
Sec. 4286.6. Advisory council; meetings; reports.— The governor shall appoint
a State advisory council to be composed of ten ( 10 ) members, representing the
employers and employees, in equal numbers, and the public, for the purpose of
formulating policies, discussing problems and generally advising in the conduct
of the service.
The officers of the advisory council shall be a chairman, a vice-chairman, a
secretary and such other officers as may be deemed necessary, to be selected by
the council from among its own membership, excepting the secretary, which said
office must be filled by the director of the Louisiana State employment service.
One-half of the members of the advisory council shall, in the first instance, be
appointed for the period ending June 30, 1935; and the other one-half shall be
appointed for the period ending June 30, 1937. The successors of members thus
appointed shall be appointed to serve until the end of the fourth fiscal year follow
ing their appointment.
The director of the United States employment service, or his representative,
shall be, ex-officio, a member of said advisory council. The first meeting of the
advisory council shall be held at the time and place designated by the director.
Regular meetings of the council shall be held thereafter quarterly or semiannually,
and at the time and place designated by the council. Special meetings may be held
on the call of the chairman, or at the request of one-third of the members of the
council pursuant to adequate personal notice to each member. Notification of
regular meetings of the council shall be mailed to members at least ten ( 10 ) days
in advance. One-half of the members of the council shall constitute a quorum.
Minutes of all meetings of the advisory council and of each committee thereof
shall be kept by the Secretary. The council, through its Secretary, shall make an
annual report to the governor and a report to the legislature when convened in
regular session, copies of which shall be sent to the director of the United States
employment service.
Members of the advisory council shall serve without regular compensation, but
shall be allowed necessary traveling expenses and $10 per day for subsistence
expenses, while actually engaged in the business of the council.
Sec . 4286.7. Appropriation.— There is hereby appropriated the sum of $35,000
out of the general fund of the State for the fiscal year ending June 30th, 1935,
and the sum of $35,000 out of the general fund of the State for the fiscal year
ending June 30th, 1936, for the upkeep and maintenance of the Louisiana State
employment service, which annual appropriation is to be matched by the donation
of an equal sum by the United States Employment Service, in accordance with
the terms of said act of Congress.

LAWS RELATING TO EMPLOYMENT AGENCIES

ACTS OF 1936
A ct N o. 97.— Unemployment compensation law
Section 9. Divisions.— (a) The Commissioner [of Labor! shall establish two
coordinate divisions: The Louisiana State Employment Service division created
pursuant to section 1 1 of this act, and the Unemployment Compensation division.
Each division shall be responsible for the discharge of its distinctive function.
Each division shall be a separate administrative unit with respect to personnel,
budget and duties, except insofar as the commissioner may find that such separa
tion in local offices is impracticable because of the small size of the territory served
or the volume of work performed.
Sec. 10. Administration.—
*
*
*
*
*
*
*
(d) Subject to other provisions of this act, the commissioner is authorized to
appoint, with the approval of the Governor, and fix the compensation, and pre
scribe the duties and powers of such officers, accountants, attorneys, experts and
other persons as may be necessary in the performance of his duties. The commis
sioner may delegate to any such person so appointed such power and authority
as it deems reasonable and proper for the effective administration of this act,
and may in its discretion bond any person handling monies or signing checks
hereunder.
*
*
*
*
*
*
*
Sec. 1 1 . Employment service.— (a) The Louisiana State Employment Service,
which is created by law as a division of the Department of Labor shall establish
and maintain free public employment offices in such number and in such places
as may be necessary for the proper administration of this Act and for the purpose
of performing such duties as are within the purview of the Act of Congress,
entitled “ An Act to provide for the establishment of a national employment
system and for cooperation with the states in the promotion of such system,
and for other purposes,” approved June 6 , 1933 (48 Stat. 113, U. S. Code, Title
29, Section 49 (c)) as amended. Public Employment offices existing by virtue
of Act No. 234, of 1934, heretofore under the jurisdiction of the commissioner
of Labor shall be transferred to the jurisdiction of such division when this act
becomes effective and upon such transfer all duties and powers conferred upon
any other department, agency, or officer of this state relating to the establish
ment, maintenance and operation of free public employment offices shall be
vested in said division. The said division shall be administered by a full-time
salaried director, who shall be charged with the duty to cooperate with any
official or agency of the United States having powers or duties under the pro
visions of the said Act of Congress, as amended, and to do and perform all
things necessary to secure to this state the benefits of the said Act of Congress,
as amended, in the promotion and maintenance of a system of public employment
offices. The provisions of the said Act of Congress, as amended, are hereby
accepted by this State, in conformity with section 4 of said Act, and this State
will observe and comply with the requirements thereof. The Louisiana State
Employment Service division is hereby designated and constituted the agency of
this state for the purposes of said Act. The Commissioner is directed to appoint
the director, other officers, and employees of the Louisiana State Employment
Service. Such appointments shall be made in accordance with regulations
prescribed by the Director of the United States Employment Service.
(b) All monies received by this State under the said Act of Congress as amended,
shall be paid into the special “ employment service account” in the unemployment
compensation administration fund, and said monies are hereby made available
to the Louisiana State Employment Service to be expended as provided by this
section and by said Act of Congress. For the purpose of establishing and main
taining free public employment offices, said division is authorized to enter into
agreements with any political subdivision of this state or with any private, non
profit organization, and as a part of any such agreement the commissioner may
accept monies, services, or quarters as a contribution to the employment service
account.
S ec . 12. Employment service account.—

TEXT OF THE LAWS

for the purpose of cooperating with the United States Employment Service.
There is hereby directed to be appropriated to the employment service account
of the unemployment compensation administration fund, from any money in the
State Treasury not otherwise appropriated, such amounts as are necessary to
secure to the State the maximum funds available under the Act of Congress
described in Section 11 of this Act. In addition, there shall be paid into such
account the monies designated in Section 1 1 (b) of this act, and such monies as
are apportioned for the purposes of this account from any monies received by
this State under Title III of the Social Security Act, as amended.
MAINE

ACTS OF 1936 (SPECIAL SESSION)
C hapter 1 .— Unemployment compensation law
Section 10 (as amended 1937, ch. 228). Unemployment compensation com
mission.— (a) There is hereby created a commission to be known as the Maine
unemployment compensation commission. The commission shall consist of three
(3) members, one of whom shall be a representative of labor, one of whom shall
be a representative of employers, and one of whom shall be impartial and shall
represent the public generally, and shall be chairman. * * *
(d) The commission shall establish 2 coordinate divisions: the Maine state
employment service division, created pursuant to section 12 of this act, and the
unemployment compensation division. Each division shall be responsible for
the discharge of its distinctive function. Each division shall be a separate
administrative unit with respect to personnel, budget, and duties, except insofar
as the commission may find that sucn separation is impracticable.
Sec. 11 (as amended 1937, ch. 228). Administration.—

(d) Subject to other provisions of this act, the commission is authorized to
appoint, and fix the compensation, subject to the approval of the governor and
council and prescribe the duties and powers of such officers, accountants, attorneys,
experts, and other persons as may be necessary in the performance of its duties.
On request of the commission the attorney general shall represent the commis
sion and the state in any court action relating to this act or to its administration
and enforcement; provided, however, that special counsel may be designated by
the attorney general at the request of the commission whose services ana expenses
subject to approval by the governor and council shall be paid from the funds
provided for the administration of this act. All positions shall be filled by persons
selected and appointed on a nonpartisan merit basis. The commission shall not
employ or pay any person who is an officer or committee member of any political
party organization. The commission may delegate to any such person so appoint
ed such power and authority as it deems reasonable and proper for the effective
administration of this act, and may in its discretion bond any person handling
moneys or signing checks hereunder.
Sec. 12 (as amended 1937, ch. 228). Employment service.— (a) The commission
shall establish and maintain, as a division thereof, free public employment offices
in such number and in such places as may be necessary for the proper administra
tion of this act and for the purpose of performing such duties as are within the
purview of the act of congress entitled “ An act to provide for the establishment
of a national employment system and for cooperation with the states in the pro
motion of such system, and for other purposes,” approved June 6 , 1933 (48 Stat.
113; U. S. C., Title 29, Sec. 49 (c)), as amended. The said division shall be
administered by a full-time salaried director. It shall be the duty of the com
mission to cooperate with any official or agency of the United States having powers
or duties under the provision of the said act of congress, as amended, and to do
and perform all things necessary to secure to this state the benefits of the said
act of congress, as amended, in the promotion and maintenance of a system of
public employment offices. The provisions of the said act of congress, as amended,
are hereby accepted by this state, in conformity with section 4 of said act, and this
state will observe and comply with the requirements thereof. The commission
*s hereby designated and constituted the agency of this state for the purpose of
said act. The commission is directed to appoint and fix the compensation of the
director, other officers, and employees of the Maine state employment service,
[division] subject to the approval of the governor and council.
(b) All moneys received by this state under the said act of congress, as amended,
shall be paid into the special “ employment service account” in the unemploy
ment compensation administration fund, and said moneys are hereby made avail-

LAWS RELATING TO EMPLOYMENT AGENCIES

able to the commission to be expended as provided by this section and by said act
of congress. For the purpose of establishing and maintaining free public employ
ment offices, the commission is authorized to enter into agreements with any po
litical subdivision of this state or with any private, nonprofit organization, and
as a part of any such agreement the commission may accept moneys, services,
or quarters as a contribution to the employment service account.
Sec . 13. Employment service account.—

(b) A special *'‘ employment service account” shall be maintained as a part of
the unemployment compensation administration fund for the purpose of maintain
ing the public employment offices established pursuant to section 12 of this act
and for the purpose of cooperating with the United States Employment Service.
There is hereby appropriated to the employment service account of the unem
ployment compensation administration fund, from any money in the state treas
ury not otherwise appropriated, on the effective date of this act and annually
thereafter on the 1st of July, the sum of $25,000. In addition, there shall be
paid into such account the moneys designated in section 12 (b) of this act, and
such moneys as are apportioned for the purposes of this account from any moneys
received by this state under title III of the social security act, as amended.
MARYLAND

ANNOTATED CODE, 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.

ACTS OF 1936 (SPECIAL SESSION)
C hapter 1.— Unemployment compensation law
Section 10 (as amended 1937, ch. 314). Administration.— (a) The adminis
tration of this Act is hereby placed under the direction and supervision of the Un
employment Compensation Board which Board shall consist of a Chairman and
two associate members, who shall each take the oathprescribed by the Consti
tution before entering upon the duties of his office. William Milnes Maloy shall
be the first Chairman of the Board and shall hold office until June 1 , 1943; Joseph
P. McCurdy shall be an associate member of the Board, and shall hold office until
June 1 , 1939; and Russell S. Davis shall be the other member and shall hold office
until June 1 , 1941. Upon the expiration of each of said terms, the Governor, by
and with the advice and consent of the Senate, shall appoint a successor who shall
hold office for the term of six years, and until his successor is duly appointed and
qualified. Any vacancy occurring during a term shall be filled by the Governor,
by and with the advice and consent of the Senate, for the unexpired portion of the
term. The Chairman of the Board shall receive an annual salary of $7,500.00,
and the associate members shall each receive an annual salary of $5,000.00, and
they shall devote their full time to the duties of their office. Any two members
shall constitute a quorum. No vacancy shall impair the right of the remaining
member to exercise the powers conferred upon the Board under the provisions
of this Article.
(b) The Board shall establish two coordinate divisions: The State of Maryland
Reemployment Service Division created pursuant to section 12 of this Act, and
the Unemployment Compensation Division. Each division shall be responsible
for the discharge of its distinctive functions. Each division shall be a separate
administrative unit with respect to personnel, budget, and duties, except insofar
as the Board may find that such separation is impracticable.

TEXT OF THE LAWS
Sec . 11 (as amended 1937, ch. 314).

Administration.—

(d) Subject to the other provisions of this Act the Board is authorized to
appoint, fix the compensation and prescribe the duties and powers of such employ
ees as may be necessary to carry out the provisions of this Act. The Board shall
classify the positions and shall establish salary schedules and minimum personnel
standards for the positions so classified. It shall provide for the holding of exami
nations under the supervision of the Board to determine the classification of appli
cants for the positions so classified, and, except for temporary appointments, not
to exceed one year in duration, shall appoint its personnel on the basis of efficiency
and fitness as determined in such examinations. The Board shall not appoint or
employ any person who is an officer or committee member of any political party
organization or who holds or is a candidate for any elective public office. The
Board shall establish and enforce fair and reasonable regulations for appointments,
promotions and demotions based upon ratings of efficiency and fitness and for
terminations for cause. Provided however that the appointments of experts and
accountants may be made without reference to the aforegoing requirements as to
examinations and classification of positions. The Board may delegate to any such
person so appointed such power and authority as is deemed reasonable and proper
for the effective administration of this article and may in its discretion bond any
person handling monies or signing checks thereunder.

Sec. 12 (as amended 1937, ch. 314).

Employment service.— (a) The Board shall
create and administer a division to be known as the Maryland State Reemployment
Service which shall establish and maintain free public employment offices in such
number and in such places as may be necessary for the proper administration of
this Act and for the purpose of performing such duties as are within the purview
of the Act of Congress entitled “ An Act to provide for the establishment of a na
tional employment system and for cooperation with the States in the promotion of
such system, and for other purposes,” approved June 6 , 1933 (48 Stat. 113;
U. S. C. A. title 29, sec. 49 (c), as amended). The said division shall be admin
istered by a full-time salaried director, who shall be charged with the duty to
cooperate with any official or agency of the United States having powers or duties
under the provisions of the said Act of Congress, as amended, and to do and per
form all things necessary to secure to this State the benefits of the said Act of
Congress, as amended, in the promotion and maintenance of a system of public
employment offices. The provisions of the said Act of Congress, as amended, are
hereby accepted by this State, in conformity with section 4 of said Act, and this
State will observe and comply with the requirements thereof. The Maryland
Reemployment Service Division is hereby designated and constituted the agency of
this State for the purpose of said Act. The Board is directed to appoint the direc
tor and employees of the Maryland Reemployment Service, in accordance with
regulations prescribed by the Director of the United States Employment Service.
(b) All moneys received by this State under the said Act of Congress, as
amended, shall be paid into a special “ reemployment service account” in the un
employment compensation administration fund, and said moneys are hereby made
available to the Maryland Reemployment Service to be expended as provided by
this section and by said Act of Congress. For the purpose of establishing and
maintaining free public employment offices, said Division is authorized to enter
into agreement with any political subdivision of this State or with any private,
nonprofit organization, and as a part of any such agreement the Board may accept
moneys, services, or quarters as a contribution to the Reemployment Service
account.
Sec . 13. Special fund.—

(b) A special “ reemployment service account” shall be maintained as a part of
the unemployment compensation administration fund for the purposes of maintain
ing the public employment offices established pursuant to section 12 of this Act
and for the purpose of cooperating with the United States Employment Service.
There shall be paid into such account the moneys designated in section 12 (b) of
this Act, and such moneys as are apportioned for the purposes of this account from
any moneys received by this State under title III of the Social Security Act, as
amended.

LAWS RELATING TO EMPLOYMENT AGENCIES
MASSACHUSETTS

GENERAL LAWS, 1932
Chapter 23.
Section 91 (as added 1935, ch. 479).

Unemployment compensation commis
sion.— (a) There shall be in the department [of labor and industries], but not
subject to its direction, a commission to be known as the Unemployment Com
pensation Commission, in this and the five following sections called the commis
sion, which shall administer the provisions of chapter one hundred and fifty-one
A. The commission shall be composed of three members appointed by the gov
ernor, with the advice and consent of the council, of whom one shall be a person
who, on account of his previous vocation, employment, occupation or affiliation,
can be classed as an employer, one shall be a person who, on account of his previ
ous vocation, employment, occupation or affiliation, can be classed as an em
ployee, and one shall be a person who shall represent the public and shall be chair
man. Not more than two members of the commission shall be members of the
same political party, and no commissioner, while in office, shall serve on any
committee of any political party. Of the members first appointed one shall be
appointed for a term of two years, one for a term of four years, and one for a term
oi six years, and thereafter as the term of a member expires the governor, with the
advice and consent of the council, shall appoint his successor for the term of six
years. Vacancies shall be filled in like manner for the balance of the unexpired
term. All members shall serve until the qualification of their respective suc
cessors.
Sec. 9 K (as added 1935, ch. 479). Appointment of officers.— Subject to appro
priation, the commission may appoint and employ all officers, accountants, clerks,
secretaries, agents, investigators, auditors and other officers and employees,
necessary for the proper administration of chapter one hundred and fifty-one A.
All persons so appointed or employed shall be selected on a non-partisan merit
basis, subject to chapter thirty-one and the rules and regulations made thereunder,
and also subject to such rules and regulations consistent therewith as may be
adopted by the commission. The commission shall not appoint or employ any
person who is serving as an officer or committee member of any political party.
The commission shall fix the duties and powers of all persons appointed and
employed by it, and may authorize any su^h person to perform any of the func
tions of a commissioner under this chapter. The commission may, in its dis
cretion, bond any person handling moneys or signing checks hereunder.
Sec . 9L (as added 1935, ch. 479). Division of public employment offices.—
There shall be in the department, subject to the supervision and control of the
commission, a division of public employment offices. The commission may,
with the approval of the governor and council, appoint, and fix the salary of, the
director of said division, and may, with like approval, remove him. The com
mission may appoint or employ, and remove, such inspectors, investigators, clerks
and other assistants as the work of said division may require. Said division
shall be the state agency for co-operation with the United States Employment
Service under chapter forty-nine of the acts of the Seventy-third Congress, Ses
sion I, known as the Wagner-Peyser Act, and shall have all the powers of such an
agency as specified in said act. It shall have exclusive control of the establish
ment, maintenance and operation of free public employment offices by the
commonwealth.
Sec . 9M (as added 1935, ch. 479). Employment districts.— The commission
shall divide the commonwealth into employment districts. Subject to appro
priation, it may establish and maintain such additional free public employment
offices as it may find necessary to provide at least one such office within the limits
of each such employment district, and may further establish such branch or local
offices within each district as it may find necessary or convenient for the proper
administration of chapter one hundred and fifty-one A. Each district office
shall be in charge of a district superintendent. Each branch or local office shall
be in charge of a branch or local manager. Said district and branch or local
offices shall be available for the payment of benefits, presentation of claims,
registration of the unemployed, placement of the unemployed in available em
ployment, and for the proper administration of chapter one hundred and fiftyone A.

TEXT OF THE LAWS

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
en
ment offices.
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 sucn 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 comissioner 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
labor, and shall take such other action as the commissioner may deem best to
promote a more general distribution of alien immigrants throughout the agri
cultural 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.
S e c . 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 one hundred dollars 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
reports 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 ten dollars.
ACTS OF 1935
C hapter 479
Section 6. Acceptance of Wagner-Peyser Act.— Chapter forty-nine of the acts
of the Seventy-third Congress of the United States, Session I, known as the
Wagner-Peyser Act, is hereby accepted by the commonwealth. The existing
division of public employment offices is hereby transferred to the jurisdiction of

La w s r e l a t i n g t o e m p l o y m e n t a g e n c i e s

the unemployment compensation commission established by this act. So far as is
consistent herewith, such transfer shall be accomplished without removing any
officer or employee or displacing or disturbing any part, section or branch of said
division.
GENERAL LAWS 1932
C hapter 151A
Section 44 (as amended 1937, ch 421). Special employment service account.—

Special employment service accounts ahall be maintained as a part of the account,
for the purpose of segregating such money as may be made available by the com
monwealth for its state employment service, together with such money as may
be allotted to the commonwealth under the Wagner-Peyser Act, so-called, and such
money as may be apportioned for the purposes of such accounts from moneys
received by the commonwealth under Title III of the Social Security Act, socalled, or under any other federal law.
For the purpose of establishing and maintaining free employment offices, the
commission is authorized to enter into agreements with any city or town of the
commonwealth and, as a part of any such agreement, the commission may accept
moneys, services or quarters for the purposes of the employment service accounts.
MICHIGAN

COM PILED 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 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 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. AH such assistants shall be under the control and direction of
the commissioner of labor, and shall receive such compensation as he shall deter
mine. * * *
ACTS OF 1931

No. 306.— Free employment bureaus
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. Feest 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

TEXT OF THE LAWS

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
the 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 coop
eration 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.
ACTS OF 1936 (SPECIAL SESSION)
No. 1 .— Unemployment compensation law
Section 3 (as amended 1937, H. B. 270). Unemployment compensation com

mission.— A commission to be known and designated as the “ Michigan unemploy
ment compensation commission” , hereinafter referred to as the commission, to be
composed of four members, is hereby created to administer the provisions of this
act.

Sec . 5 (as amended 1937, H. B. 270). Personnel.— The commission shall have

the power to appoint such employees and assistants as shall be necessary for the
proper exercise of the powers hereby granted, and may delegate to any such em
ployees or assistants such authority as it deems reasonable and necessary. Em
ployees and assistants shall receive their actual and necessary expenses incurred
in the discharge of their official duties. Compensation and expenses of all assistants
and employees shall be paid from the administration fund. The commission is
authorized to incur such expenses as shall be required to carry out the provisions
of this act.
The commission shall bond any person holding moneys or signing checks or
vouchers under this act.
Sec. 6 . Director.— The commission shall appoint an executive officer, herein
after referred to as the director, who shall act as secretary of the commission.
The director shall devote his entire time to the duties of his office, and shall
perform such duties as shall be delegated by the commission. The director
shall receive an annual salary not to exceed seven thousand five hundred dollars,
and shall be entitled to his actual and necessary expenses incurred in the discharge
of his official duties, to be paid from the administration fund.
Sec. 7 (as amended 1937, S. B. 270). Divisions.— The commission shall establish
two coordinate divisions: the Michigan state employment service division, and
the unemployment compensation division. Each of said divisions shall be respon
sible for the discharge of its distinctive functions, and each division shall be a
separate administrative unit, with respect to personnel, budget, and duties,

L A W S R E L A T IN G T O E M P L O Y M E N T A G E N C IE S

except insofar as the com m ission shall otherwise prescribe.
T h e commission
m ay also establish such other divisions as are deem ed desirable for the proper
adm inistration of the provisions of this act.
S e c . 10 (as amended 1937, S. R. 27 0 ). Administration fund.— There is hereby
created in the state treasury a special fund to be known and designated as the
adm inistration fund (M ichigan u n em ploym ent com pensation a ct).
A n y balances
in this fund at the end of any fiscal year of the state shall be carried over as a
part of said fund and shall at no tim e revert to the general fund of the state.
A ll
m oneys deposited into said fund under the provisions of this act are hereby
appropriated to the commission to pay the expenses of the adm inistration of
this act.
Said fund shall be credited w ith all m oneys appropriated thereto b y the legis
lature, and all m oneys received from the U n ited States of Am erica or any agency
thereof for such purpose, including the social security board and the U nited
States em p loym en t service, and all m oneys received b y the state for said fund
from any other source.
S e c . 12. Employment service.— T h is state hereby accepts the provisions of the
W agn er-P eyser A ct, approved June 6, 1933, “ A n act to provide lor the establish
m ent of a national em ploym ent system and for cooperation with the states in the
prom otion of such system , and for other purposes,” in conform ity with section
four thereof.
Th e M ichigan state em p loym en t service division shall be so administered as
to cooperate with the U nited States em p loym en t service, and to conform with
the requirements of the W agn er-P eyser act.
Free public em ploym ent offices
shall be established and m aintained in such num ber and such places as m ay be
necessary for the proper adm inistration of this act.
T he said division is hereby
designated and constituted the agency of this state for the purpose of the W agn erPeyser A ct.
A ll m oneys m ade available b y, or received by this state under said act of
congress, shall be paid into a special “ em ploym ent service account” in the adm in
istration fund created by this act, and said m oneys are hereby appropriated and
m ade available to the M ichigan state em ploym ent service to be expended only
for the uses and purposes for which same are received, as provided by this act
and b y said W agn er-P eyser act.

MINNESOTA
M A S O N ’ S S T A T U T E S , 1927

C hapter

2 3 .—

Department of labor and industries

S e c t i o n 4 0 46 . Powers and duties.— T h e commission shall have the following
powers and duties:
*
*
*
(3) Employment agencies.— T o establish and conduct free em p loym ent agencies,
and after the first day of June, 1921, to supervise the work of private em p loym ent
offices all as now provided b y la w ; to m ake known the opportunities for selfem ploym ent in this State, to aid in inducing minors to undertake promising skilled
em ploym ents, to encourage wage earners to insure them selves against distress
from unem ploym ent, to investigate the extent and causes of unem ploym ent in the
State and rem edy therefor, and to devise and adopt the m ost efficient means in its
power to avoid unem ploym ent.
*

Sec.

4249. Free employment bureaus.— T h e departm ent m ay establish State free
em ploym ent bureaus in the cities of St. Paul, M inneapolis, D u lu th , W inona, and
one in the northwestern portion of the State, for the purpose of receiving applica
tions from persons seeking em p loym en t, and applications from em ployers desiring
to em ploy labor. There shall be no fee or com pensation charged or received,
directly or indirectly, from persons applying for em ploym ent, or from those
desiring to em ploy labor through said bureaus. E very application m ade b y an
em ployer or an em ploye to the free em ploym en t bureau shall be void after 30 days
from its receipt, unless the same be renewed by the applicant.
T h e m anagers of the State free em p loym en t offices shall cause to be received
and recorded in books kept for th at purpose, the nam es of all persons applying for
em ploym ent, as well as the addresses of all persons, firms or corporations applying
to em ploy labor, designating opposite the nam e and address of each applicant the
character of em p loym en t desired or offered. Such managers shall also perform
such other duties pertaining to the work of the State free em p loym ent bureau in

TEXT OF THE LAWS

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.
S e c . 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.
SUPPLEM ENT (1936) TO MASON'S STATUTES, 1927
Section 4604. Soldiers9 welfare director.— *

* *.
The duties and powers of the soldiers’ welfare agent, in addition to those
otherwise provided, shall be to:

(i) He may also establish and provide such employment placement and advise
ment service for disabled veterans as cannot be furnished by co-operation with
other free public employment agencies.
ACTS OF 1935
R esolution N o . 23 (p. 788)

[This resolution accepts the terms of the national employment agency law and
designates the Minnesota industrial commission to cooperate with the United
States Employment Service in carrying out the law.]
ACTS OF 1936 (SPECIAL SESSION)
C hapteb 2.— Unemployment compensation law
Section 10 (as amended 1937, ch. 306). Administration.— (a) The commission
[Industrial Commission] shall administer this act and shall appoint such officers
and employees as may be necessary for the administration thereof and shall estab
lish a division of unemployment compensation and shall employ a full-time salaried
director for the division of unemployment compensation herein established.
*
*
*
*
*
*
*
(e)
Subject to other provisions of this Act, the commission is authorized to ap
point, fix the compensation, and prescribe the duties and powers of such officers,
accountants, attorneys, experts, and other persons as may be necessary in the
performance of its duties. The Commission shall classify its positions and shall
establish salary schedules and minimum personnel standards for the positions so
classified. The commission shall appoint its personnel on the basis of efficiency
and fitness without regard to party affiliation. The commission shall not ap
point or employ any person who is an officer or committee member of any political
party organization or who holds or is a candidate for an elective public office.
The commission shall establish and enforce fair and reasonable regulations for
appointments, promotions and demotions based upon ratings of efficiency and
fitness and for terminations for cause. The commission may delegate to any such
person so appointed such power and authority as it deems reasonable and proper
for the effective administration of this Act, and may in its discretion bond any
person handling moneys or signing checks hereunder. Employment by the com
mission shall be subject to the provisions of the Minnesota Soldiers Preference law
as provided in sections 4368 and 4369, Mason’s Minnesota Statutes for 1927, as
amended by Chapter 357, Laws 1931. All salaries, compensation and wages
paid shall be in conformity with the schedules for salaries, wages and compensa
tion for other departments of State employes doing similar work.
S e c . 12 (as amended 1937, ch. 306). Public employment offices.— (a) The com
mission shall establish and maintain under the division of employment free public
employment offices, in such number and in such places as may be necessary for
the proper administration of this Act and for the purpose of performing such

LAWS RELATING TO EMPLOYMENT AGENCIES

duties as are within the purview of the Act of Congress entitled “ An Act to pro
vide for the establishment of a national employment system and for cooperation
with the states in the promotion of such system, and for other purposes” , approved
June 6 , 1933 (48 Stat. 113; U. S. C. Title 29, Sec. 49 (c)), as amended. The
provisions of said Act of Congress, as amended, are hereby accepted by the State,
in conformity with Section 4 of said Act and this State will observe and comply
with the requirements thereof.
(b)
All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ Employment service account” in the un
employment compensation administration fund, and said moneys are hereby
made available to the commission for the Minnesota State Employment Service
to be expended as provided by this section and by said Act of Congress. For the
purpose of establishing and maintaining free public employment offices, the com
mission is authorized to enter into agreements with any political subdivision of
this State or with any private, nonprofit organization and as a part of any such
agreement the commission may accept moneys, services, or quarters as a con
tribution to the employment service account.
MISSISSIPPI
ACTS OF 1936
C hapter 176.— Unemployment compensation act
Section 10. Administrative Organization.— (a) There is hereby created a Com
mission of three members to be known as the unemployment compensation
commission of Mississippi. The members of the commission shall be appointed
by the governor within ninety days after passage of this act, one from each
supreme court district. The governor shall designate one member as chairman.
The commissioners thus appointed shall serve, as designated by the governor
at the time of appointment, one for a term of two years, one for a term of four
years and one for a term of six years. At the expiration of such initial terms
appointments shall be made for a term of four years in each case from the supreme
court district from which the retiring commissioner was appointed. Any appoint
ment to a vacancy shall be for the unexpired term in question, and from the
supreme court district in which such vacancy occurred. No commissioner shall,
during his term of office, serve as an officer or committee member of any political
party organization.
(b) The commission shall establish two coordinate divisions: the Mississippi
state employment service division created pursuant to section 12 of this act, and
the unemployment compensation division. Each division shall be responsible
for the discharge of its distinctive function. Each division shall be a separate
administrative unit with respect to personnel, budget and duties, except insofar
as the commission may find that such separation in local offices is impracticable
because of the small size of the territory served or the volume of work performed.
(c) The chairman of the commission shall be paid a fixed monthly salary, at the
rate of $3,600.00 per year of service, from the unemployment compensation
administration fund. The compensation of the associate members shall be ten
dollars ($ 10 .00) per day for days actually spent upon the business of the commis
sion, and the necessary traveling expenses.

Se c .

11. Administration.—

TEXT OF THE LAWS

the purpose of performing such duties as are within the purview of the act of
congress, entitled “ An act to provide for the establishment of a national employ
ment system and for cooperation with the states in the promotion of such system,
and for other purposes,” approved June 6 , 1933, (48 Stat. 113, U. S. Code, Title
29, Section 49 (c)) as amended. Any existing free public employment offices
maintained by the state but not heretofore under the jurisdiction of the com
mission shall be transferred to the jurisdiction of such division by July 1, 1937,
and upon such transfer all duties and powers conferred upon any other depart
ment, agency, or officer of this state relating to the establishment, maintenance
and operation of free public employment offices shall be vested in said division.
The said division shall be administered by a full-time salaried director, who shall
be charged with the duty to cooperate with any official or agency of the United
States having powers or duties under the provisions of the said act of congress,
as amended, and to do and perform all things necessary to secure to this state
the benefits of said act of congress, as amended, in the promotion and maintenance
of a system of public employment offices. The provisions of the said act of con
gress, as amended, are hereby accepted by this state, in conformity with section 4
of said act, and this state will observe and comply with the requirements thereof.
The Mississippi state employment service division is hereby designated and
constituted the agency of this state for the purposes of said act. The commission
is directed to appoint the director, other officers and employees of the Mississippi
state employment service. Such appointments shall be made in accordance with
regulations prescribed by the director of the United States employment service.
(b) All monies received by this state under the said act of congress, as amended,
shall be paid into the special “ employment service account” in the unemployment
compensation administration fund, and said monies are hereby made available to
the Mississippi state employment service to be expended as provided by this
section and by said act of congress. For the purpose of establishing and main
taining free public employment offices, said division is authorized to enter into
agreements with any political subdivision of this state or with any private, non
profit organization, and as a part of any such agreement the commission may
accept monies, services, or quarters as a contribution to the employment service
account.
Sec. 13 (as amended 1936 (special session) ch. 3). Employment Service Ac
count.—

ACTS OF 1937
Page 574.— Unemployment compensation law
Unemployment compensation commission.— (a) There is hereby
created a commission to be known as the Unemployment Compensation Com
mission of Missouri. The commission shall consist of three members, who shall
be appointed by the Governor, by and with the advice and consent of the Senate,
within ninety days after the passage of this Act or after any vacancy occurs in its
membership. The Governor in making such appointments shall designate one
member thereof as chairman, and upon being so designated, shall be chairman of
said commission.
S e c t io n 4.

(b) The commission shall establish two coordinate divisions: The Missouri
State Employment Service Division, created pursuant to Section 14 of this Act.
and the Unemployment Compensation Division. Each division shall be re
sponsible for the discharge of its distinctive functions and each division shall be a
separate administrative unit with respect to personnel, budget, and duties, except
insofar as the commission may find that such separation is impracticable.
*

136553*— 87------ 5

LAWS RELATING TO EMPLOYMENT AGENCIES

Sec . 5. Administration.—

Sec. 13. Employment service account.—■

(b) A special “ employment service account” shall be maintained as a part of
the unemployment compensation administration fund for the purpose of maintain
ing the public employment offices established pursuant to section 14 of this Act
and for the purpose of cooperating with the United States Employment Service.
There shall be appropriated to the employment service account of the unem
ployment compensation administration fund, from any money in the state treasury
not otherwise appropriated, the sum of $220 ,000, and for each biennium thereafter,
the sum of $220 ,000 . In addition, there shall be paid into such account the moneys
designated in section 14 (b) of this Act, and such moneys as are apportioned for
the purposes of this account from any moneys received by this state under Title
III of the Social Security Act, as amended.
Sec . 14. Employment Service.— (a) The Missouri State Employment Service
is hereby created and established as a division hereof. The commission, through
such division, shall establish and maintain free public employment offices in such
number and in such places as may be necessary for the proper administration of
this Act and for the purposes of performing such duties as are within the purview
of the Act of Congress, entitled “ An Act to provide for the establishment of a
national employment system and for cooperation with the states in the promotion
of such system, and for other purposes,” approved June 6 , 1933, (48 Stat. 113;
U. S. C., title 29, sec. 49 (c)), as amended. The said division shall be admin
istered by a full-time salaried director who shall be appointed by the commission.
The commission shall cooperate with any official or agency of the United States
having powers or duties under the provisions of the said Act of Congress, as
amended, and to do and perform all things necessary to secure to this state the
benefits of the said Act of Congress, as amended, in the promotion and mainte
nance of a system of public employment offices. The provisions of the said Act of
Congress, as amended, are hereby accepted by this state, in conformity with
section 4 of said Act, and this state will observe and comply with the require
ments thereof. The commission is hereby designated and constituted the agency
of this state for the purposes of said Act. The commission is directed to appoint,
in addition to the director, all other officers and employees of the Missouri State
Employment service. Such appointments shall be made in accordance with
regulations prescribed by the Director of the United States Employment Service.
(b) All moneys received by this state under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
unemployment compensation administration fund, and said moneys are hereby
made available to the commission for the Missouri State employment service,
to be expended as provided by this section and by said Act of Congress. For the
purpose of establishing and maintaining free public employment offices, the com
mission is authorized to enter into agreement with any political subdivision of
this state or with any private, nonprofit organization, and as a part of any such
agreement the commission may accept moneys, services, or quarters as a contri
bution to the employment service account.

TEXT OF THE LAWS
MONTANA

ACTS OF 1937
C hapter 137.— Unemployment compensation law
Section 10.— Unemployment compensation commission.— (a) There is hereby
created a commission to be known as the unemployment compensation commission
of Montana. The commission shall consist of three members who shall be ap
pointed by the governor on a non-partisan merit basis within sixty days after the
passage of this act and after any vacancy occurs in its membership. Two of the
members of the commission shall serve on a per diem basis and shall be paid at the
rate of ten dollars ($ 10 .00) per day of service plus actual and necessary expenses,
provided, however, that the total per diem compensation in any one year for each
of the said two members shall not exceed the sum of five hundred dollars
($500.00). * * *
(b) The commission shall establish two coordinate divisions: The Montana
state employment service division created pursuant to Section 12 of this act, and
the unemployment compensation division. Each division shall be responsible
to the executive director for the discharge of its distinctive function. Each
division shall be a separate administrative unit with respect to personnel, budget,
and duties except insofar as the commission may find that such separation is
impracticable.
*

Sec. 11. Administration.—

(d) Subject to other provisions of this act, the commission is authorized to
appoint, fix the compensation and prescribe the duties and powers of such officers,
accountants, attorneys, experts, and other persons as may be necessary in the
performance of its duties under this act. The commission may delegate to any
such persons such power and authority as it deems reasonable and proper for the
effective administration of this act, and may in its discretion bond any person
handling money or signing checks hereunder. The commission shall classify posi
tions under this act and shall establish salary schedules and minimum personnel
standards for the positions so classified. The commission shall provide for the
holding of examinations to determine the qualifications of applicants for the posi
tions so classified, and except for temporary appointments of not to exceed six
months in duration, such personnel shall be appointed on the basis of efficiency
and fitness as determined in such examinations. No person who is an officer or
committee member of any political party organization or who holds or is a candi
date for any public office shall be appointed or employed under this act. The
commission shall establish and enforce fair and reasonable regulations for appoint
ments, promotions, and demotions based upon ratings of efficiency and fitness and
for terminations for cause.

Sec . 12. Employment service.— (a) The commission shall create a division to be

known as the Montana state employment service which division shall establish
and maintain free public employment offices in such number and in such places
as may be necessary for the proper administration of this act, and for the purpose
of performing such duties as are within the purview of the act of congress entitled:
“ An act to provide for the establishment of a national employment system and
for cooperation with the states in the promotion of such system, and for other
purposes” , approved June 6 , 1933 (48 Stat. 113; U. S. C., Title 29, Sec. 49 (c)),
as amended. The said division shall be administered by a full time salaried
director, who shall be charged with the duty to cooperate with any official or
agency of the United States having powers or duties under the provisions of the
said act of congress, as amended, and to do and perform all things necessary to
secure to this State the benefits of the said act of congress, as amended, in the
promotion and maintenance of a system of public employment offices. The pro
visions of the said act of congress, as amended, are hereby accepted by this State,
in conformity with section 4 of said act, and this State will observe and comply
with the requirements thereof. The Montana state employment service is hereby
designated and constituted the agency of this State for the purpose of said act.
The commission is directed to appoint the director, other officers, and employees
of the Montana state employment service. Such appointments shall be made in
accordance with regulations prescribed by the director of the United States
employment service.

LAWS RELATING TO EMPLOYMENT AGENCIES

(b) All moneys received by this State under the said act of congress, as amended,
shall be paid into the special “ employment service account” in the unemployment
compensation administration fund, and said moneys are hereby made available to
the Montana state employment service to be expended as provided by this section
and by said act of congress. For the purpose of establishing and maintaining free
public employment offices, the Montana state employment service is authorized
to enter into agreements with any political subdivisions of this State or with any
private nonprofit organization, and as a part of any such agreement the commis
sion may accept moneys, services, or quarters as a contribution to the employment
service account.
Sec . 13. Employment service account.—

ACTS OF 1935
C hapter 107
Section 1 . State employment service.— The Commissioner of Labor is hereby
authorized and empowered to organize and establish in this State such free em
ployment bureaus as he deems advisable for the purpose of receiving applications
of persons seeking employment and application of persons seeking to employ
labor. Such bureaus shall be included in a division to be known as the Nebraska
State Employment Service, which divisions shall be under the supervision of the
Commissioner of Labor. No compensation or fee shall be charged or received
directly or indirectly from any person applying for employment or for help through
any such bureaus. It shall be the duty of the Commissioner of Labor to under
take to secure the cooperation of employees and employers of labor with the pur
pose and objects of said Nebraska State Employment Service. All bureaus pre
viously established by the Department of Labor pursuant to Section 48-202,
Compiled Statutes of Nebraska, 1929, are hereby^ abolished and all records, files
and property, including office equipment of existing bureaus shall thereupon be
transferred to the State Employment Service.
Sec. 2 (as amended 1937, Bill 189, sec. 12 ). Administration.— The Governor,
with the consent of the Legislature, is authorized and empowered to appoint a
Director of such division, who shall devote his full time to such work. The Com
missioner may appoint other officers and employees of the Nebraska State Employ
ment Service: Provided, that no director or officer shall be appointed save and
unless such person or persons so appointed have been a citizen and resident of the
State of Nebraska five years next before the date of such appointment. All such
appointees shall be under the supervision of the Commissioner of Labor and shall
receive such compensation not to exceed Thirty-six Hundred Dollars ($3600.00)
per annum, as the Governor shall determine, but, however, the expense to this
state of operating and maintaining said free employment bureau or bureaus shall
not exceed the state appropriation made therefor. Such bureau or bureaus may
be designated as “ office” or “ offices” . Such division shall be coordinate with the
unemployment compensation division, but such division shall be responsible for
the discharge of its distinctive functions, and such division shall be a separate
administrative unit with respect to personnel, budget and duties, except insofar
as the commissioner may find that such separation is impracticable in local offices
because of the small size of the territory served or the volume of the work
performed.
Sec. 3. Acceptance of National employment law. —The State of Nebraska accepts
the provisions of the act of Congress approved June 6 , 1933, entitled, “ An Act to
Provide for the Establishment of a National Employment System and for Co-

TEXT OF THE LAWS

operation with the States in the Promotion of Such System, and for Other Pur
poses” (48 Stat. 113 U. S. C. Title 29, Sec. 49).
The good faith of the State is hereby pledged to make available for the several
purposes of said act, funds sufficient at least to equal the sums allotted from time
to time to this State from the appropriations made by said act and to meet all
conditions necessary to entitle the State of Nebraska to the benefits of said act.
The Nebraska State Employment Service is hereby designated and constituted
the agency of the State of Nebraska for the purpose of said Act. Said Service,
its officers and employees are hereby given full power to cooperate with all officers
of the United States having duties under such Act and to do and perform all
things necessary to secure to the State of Nebraska the benefits of such Act in
the promotion and maintenance of a system of public employment offices.
Sec. 4 (as amended 1937, Bill 189, sec. 12 ). Public employment offices.—It shall
be the duty of the Labor Commissioner to set up and maintain in this state a
system of public employment offices for the purpose of assisting employers to
secure employees and workers to secure employment. Said Labor Commissioner
is authorized and directed to established such offices in such parts of the state as
after survey and investigation he shall deem necessary and to prescribe such rules
and regulations as are necessary properly to carry out the provisions of the afore
said act and the provisions of this Act. Upon its request the Employment
Service Division shall be furnished with branch offices by the respective counties.
For the purpose of establishing and maintaining free public employment offices,
the commissioner is authorized to enter into agreements with any other political
subdivision of this state or with any private nonprofit organization and as a part
of any such agreement the commissioner may accept moneys, services or quarters
as a contribution to the employment service account.
Sec . 5 (as amended 1937, Bill 189, sec. 12 ). Funds.—The State Treasurer is
hereby designated custodian of all funds allotted to this state from the appropria
tion made by said act of Congress, and he shall receive and provide for the proper
custody and disbursement of the same in accordance with said Act. Said funds
shall be paid into a special employment service account in the unemployment
compensation administration fund and shall be subject to the provisions of Section
13 of this Act.
Sec. 6 . Appropriation.— [The sum of $33,690 is appropriated for maintaining
public employment offices and for cooperating with the United States Employ
ment Service.]
Sec . 7. Duties of county howd.— [This section amends sec. 26-108* Compiled
Statutes 1929, which details the duties of the county board of each county.
Among other duties it shall erect county buildings, in which suitable rooms and
offices shall be provided for the conduct and operation of the State free employ
ment service.]
S e c . 8 . Repeal.— [Section 48-202, Compiled Statutes of Nebraska, 1929 is
repealed.]
ACTS OF 1937
C hapter 108— Unemployment compensation law
Section 12. State employment service.—

(d) The Nebraska State employment service is hereby established coordinate
with the unemployment compensation division as a division of the State Depart
ment of Labor which shall be administered by a full-time salaried director who
shall be subject to the supervision and direction of the commissioner. Such
division shall be responsible for the discharge of its distinctive functions and shall
be a separate administrative unit with respect to personnel, budget and duties,
except insofar as the commissioner may find that such separation is impracticable
in local offices because of the small size of the territory served or the volume of the
work performed. The commissioner, through such division shall establish and
maintain free public employment offices in such number and in such places as
may be necessary for the proper administration of this Act and for the purposes
of performing such duties as are within the purview of the Act of Congress entitled
“ An Act to provide for the establishment of a national employment system and
for cooperation with the States in the promotion of such system, and for other
purposes” , approved June 6 , 1933 (48 Stat. 113; U. S. C. title 29, sec. 49 (c)).
It shall be the duty of the commissioner to cooperate with any official or agency
of the United States having powers or duties under the provisions of the said
Act of Congress, in the promotion and maintenance of a system of public employ
ment offices. The provisions of the said Act of Congress, are hereby accepted by

LAWS RELATING TO EMPLOYMENT AGENCIES

this state, in conformity with Section 4 of said Act, and this state will observe and
comply with the requirements thereof. The Nebraska State Department of
Labor is hereby designated and constituted the agency of this state for the pur
poses of said Act. The Governor is authorized, with the consent of the Legisla
ture, to appoint the director at a salary of not to exceed Thirty-six Hundred
Dollars ($3600.00) per annum, and the commissioner may appoint other officers
and employees of the Nebraska State employment service.
(e)
All moneys received by this state under the said Act of Congress, as
amended, shall be paid into the special “ employment service account’7 in the
unemployment compensation administration fund, and said moneys are hereby
made available to the commissioner for the Nebraska State employment service,
to be expended as provided by this section and by said Act of Congress. For the
purpose of establishing and maintaining free public employment offices, the com
missioner is authorized to enter into agreements with any political subdivision of
this state or with any private, nonprofit organization, and as a part of any such
agreement the commissioner may accept moneys, services, or quarters as a con
tribution to the employment service account.
S e c . 13. Employment service account.—
sjc
He
He
*
*
sfc
sfe
(b) A special “ employment service account” shall be maintained as a part of
the unemployment compensation administration fund for the purpose of main
taining the public employment offices established pursuant to Section 12 of this
Act, and for the purpose of cooperating with the United States Employment
Service. There is hereby appropriated to the employment service account of the
unemployment compensation administration fund, from any money in the state
treasury not otherwise appropriated, Seventy Thousand Dollars ($70,000.00) for
the biennium ending June 30, 1939. In addition, there shall be paid into such
account the moneys designated in Section 12 (e) of this Act, and all other moneys
received from any source therefor, including such moneys as are apportioned for
the purposes of this account from any moneys received by this state under title III
of the Social Security Act.

NEVADA
COM PILED LAWS, 1929
Free employment agencies
S e c t i o n ‘2851. State employment service.— S e c . 1 . 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
management of such service shall be under his supervision. He shall have author
ity 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 maintenence 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.
S e c . 2852. Duties.— S e c . 2 . The agents in charge of any of the state free em
ployment offices established under the provisions of this act, and under the direc
tion of the commissioner of labor, shall receive applications from those seeking

TEXT OF THE LAWS

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.— Sec . 3. Each such agent shall make the commissioner of
labor such periodic reportsjjof 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.
S e c . 2854. Advertising.— S e c . 4. 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 ten per
cent of the total expenditure.
S e c . 2855. Fees.— S e c . 5. No fees, direct or indirect, shall in any case be
charged or received from those seeking the benefits of this act.
S e c . 2856. Violations.— S e c . 6. 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 any
one offering employment under this act, shall be guilty of a misdemeanor, and
shall be punished by a fine of not more than one hundred dollars ($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.— Sec. 7. 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 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.
S e c . 2858. Cooperation with Federal bureaus.— S e c . 8. The commissioner of
labor is hereby authorized and empowered to cooperate with the federal govern
ment 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
joint 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.
ACTS OF 1935
C

h apter

96*

S e c t i o n 1. [This section provides for the acceptance of the national employ
ment agency law.]
S e c . 2 . Administration.— The office of the labor commissioner is hereby desig
nated and constituted the agency of the State of Nevada for the purposes of this
act.
S e c . 3. Duties of labor commissioner.— The labor commissioner of the State of
Nevada is hereby designated as the officer to carry out said act. The labor
commissioner shall be executive officer in charge of the administration of this act
in accordance with the rules prescribed by the director of the United States
employment service. The labor commissioner shall receive reimbursement of
necessary traveling and other expenses from funds appropriated or allotted to the
support of the Nevada state employment service. Said labor commissioner shall
appoint other personnel of the Nevada state employment service created under
this act, and fix their compensation in accordance with rules and regulations
prescribed by the United States employment service. The labor commissioner
is hereby given full power to cooperate with all authorities of the United States
having powers or duties under such act to do and perform all things necessary to
securing to the State of Nevada the benefits of such act in the promotion and
maintenance of a system of public employment offices. The labor commissioner
is authorized and directed to establish such offices in such parts of the State as
he deems necessary and to prescribe rules and regulations not inconsistent with
any of the provisions of this act.
8 P arts of th is ch ap ter are n o t sp ecifica lly covered b y th e u n e m p lo y m e n t in su ran ce law ; it is therefore
in clu d ed here

LAWS RELATING TO EMPLOYMENT AGENCIES

Sec. 4. No fees to be charged.— N o fees, direct, or indirect, shall, in any case,
be charged or received from those seeking the benefits of this act.
Sec. 5. 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 offer
ing employment under this act shall be guilty of a misdemeanor and shall be
immediately removed from service and punished by a fine not more than one
hundred ($100) dollars or by imprisonment in the jail not exceeding three months,
or both, and shall thereafter be disqualified from holding any office or position in
this department.
Sec. 6. Notice of strike.— Any employer or a representative 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 statement shall be posted in the
employment office, but not until it has been communicated to the employer
affected if filed by the employees or to the employee affected if filed by the
employers. In case a reply is received to such a statement, it should 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 employment office of
a vacancy or vacancies, the agent in charge shall advise any applicant of such
vacancy or vacancies of the statement posted.
Sec. 7. Agencies in cities, towns or counties.— The labor commissioner of the
State of Nevada has the power to enter into agreement with governing bodies of
cities, towns or counties who desire such service, to use a portion of the funds
provided by the state to assist in the maintenance of any such service put into
effect by such governing bodies.
Sec. 8. Use of Federal funds.— All federal funds made available to this state
under said act of Congress shall be paid into the state treasury and said funds are
hereby appropriated and made available to the Nevada state employment service
as provided by act of Congress and this act.
ACTS OF 1937
C

h apter

129.— Unemployment compensation law

S e c t i o n 10. Administrative organization.— (a) There is hereby created under
the labor commissioner a division to be known as the unemployment compensa
tion division, which shall be coordinate with the Nevada state employment
service. The unemployment compensation division shall be administered by a
full-time salaried director, who shall be appointed and whose salary shall be fixed
by the governor, but who shall be subject to the supervision and direction of the
commissioner. Said unemployment compensation division and the Nevada
state employment service division shall each be responsible for the discharge of
its distinctive functions. Each division shall be a separate administrative unit
with respect to personnel, budget, and duties, except insofar as the commissioner
may find that such separation is impracticable. The commissioner is authorized
to prescribe the duties of the director of the unemployment compensation divi
sion, and to appoint, fix the compensation of, and prescribe the duties of the
director of the Nevada state employment service division in accordance with the
provisions of section 12 of this act.

Sec. 11. Administration.—

(d) (1) For the purpose of insuring the impartial selection of personnel on the
basis of merit, the governor shall appoint a board of three members composed of
one representative who because of his present vocation, employment or affilia
tions may fairly be regarded as a representative of labor, one representative who
because of his present vocation, employment or affiliations may fairly be regarded
as a representative of employers and one representative from the faculty of the
university of Nevada who shall represent the public. The members of said board
shall be paid at the rate of ten ($10) dollars per diem of actual service plus neces
sary expenses and shall serve at the pleasure of the governor.
(2) Subject to other provisions of this act, the board shall provide for the
holding of examinations to determine the qualifications of applicants for the
positions classified by the director as hereinafter set forth. Within six months
of the effective date of this act, said board shall furnish the director with lists of
eligible candidates for the positions so classified in the order of their ratings as
determined by the examinations. All expenses of the board incident to the

TEXT OF THE LAWS

holding of such examinations shall be paid from the unemployment administration
fund.
(3) Except for temporary appointments not to exceed six months in duration,
the director shall select all personnel from eligible lists as provided above. Such
selection shall be made either from the first three candidates on the eligible lists
or from the highest rating candidate within a radius of sixty miles of the place
in which the duties of this position will be performed. Personnel appointed
on a temporary basis of not to exceed six months in duration who have passed the
merit examinations as provided above, and whose names are certified on the
eligible lists furnished to the director by the board, shall retain their positions,
if in his opinion their duties have been satisfactorily performed. The director is
authorized to fix the compensation and prescribe the duties and powers of such
personnel, including such officers, accountants, attorneys, experts and other
persons as may be necessary in the performance of the duties under this act and
may delegate to any such persons such power and authority as he deems reasonable
and proper for its effective administration. He may, in his discretion, bond any
person handling moneys or signing checks thereunder. The director shall classify
positions under this Act and shall establish salary schedules and minimum per
sonnel standards for the positions so classified. He shall devise and establish
fair and reasonable regulations governing promotions, demotions and termina
tions for cause in accordance with such established personnel practices as will
tend to promote the morale and welfare of the organization.
*

Sec. 1 2 . Employment service.— (a) The Nevada state employment service is

hereby reestablished under the labor commissioner as a coordinate division with
the division of unemployment compensation. The commissioner, through such
employment service division, shall establish and maintain free public employment
offices in such number and in such places as may be necessary for the proper
administration of this act and for the purposes of performing such duties as are
within the purview of the act of Congress entitled “ An act to provide for the
establishment of a national employment system and for cooperation with the
states in the promotion of such system, and for other purposes,” approved June
6 , 1933 (48 Stat. 113; U. S. C., title 29, sec. 49 (o), as amended). The provisions
of the said act of Congress, as amended, are hereby accepted by this state in
conformity with section 4 of said act, and this state will observe and comply with
the requirements thereof. It shall be the duty of the commissioner to cooperate
with any official or agency of the United States having powers or duties under the
provisions of the said act of Congress, as amended, and to do and perform all things
necessary to secure to this state the benefits of the said act of Congress, as amended
in the promotion and maintenance of a system of public employment offices. The
Nevada labor commissioner is hereby designated and constituted the agency of
this state for the purposes of said act. The commissioner is directed to appoint the
director, other officers, and employees of the Nevada state employment service.
Such appointments shall be made in accordance with regulations prescribed by
the director of the United States employment service.
(b)
All moneys received by this state under the said act of Congress, as amendod
shall be paid into the special “ employment service account” in the unemployment
compensation administration fund, and said moneys are hereby made available to
the commissioner for the Nevada state employment service, to be expended as
provided by this section and by said act of Congress. For the purpose of estab
lishing and maintaining free public employment offices, the commissioner is
authorized to enter into agreements with any political subdivision of this state, or
with any private, nonprofit organization, and as part or any such agreement the
commissioner may accept moneys, services, or quarters as a contribution to the
employment service account.
Sec. 13. Employment service account.—

LAWS RELATING TO EMPLOYMENT AGENCIES

NEW HAMPSHIRE
PUBLIC LAWS 1926

C h a p t e r 179-A.— Unemployment compensation law 9
S e c t i o n 9. Unemployment compensation division.— A. There is hereby created
in the Bureau of Labor two co-ordinate divisions, the New Hampshire State
employment service division and a division known as the unemployment com
pensation division, each of which shall be administered by a full-time salaried
administrator who shall be subject to the supervision and direction of the com
missioner. Each division shall be responsible for the discharge of its distinctive
functions. Each division shall be a separate administrative unit with respect to
personnel, budget, and duties except so far as the commissioner may find such
separation is impractical. The commissioner, with the approval of the Governor
and Council, is directed to appoint the director, other officers and employees of
the New Hampshire State Employment Service. Such appointment shall be
made in accordance with regulations prescribed by the Director of the United
States Employment Service. The commissioner, through the New Hampshire
State Employment Service, shall establish and maintain free public employment
offices in such numbers and in such places as may be necessary for the proper
administration of this chapter.
B. It shall be the duty of the Commissioner to administer this chapter; and he
shall have the power and authority to adopt, amend, or rescind such rules and
regulations, to employ such persons, make such expenditures, require such reports,
make such investigations, and take such other action as he deems necessary or
suitable to that end.
*

E.
The commissioner [of labor] is authorized to employ all the necessary officers,
accountants, clerks, agents, investigators, auditors and other persons necessary
for the proper administration of this chapter, and to fix the amount of their com
pensation subject to the approval of the Governor and Council. They shall be
selected and appointed on a nonpartisan basis of efficiency and fitness. The com
missioner shall fix the duties and powers of all persons thus employed, and may
authorize any such person to perform any of the functions of the commissioner
under this chapter. The commissioner may in his discretion, bond any person
handling moneys or signing checks hereunder.
S e c . 10. Special fund.— A. There is hereby created in the state treasury a
special fund to be known as the unemployment compensation administration
account. All moneys which are deposited or paid into this account are hereby
appropriated and made available to the commissioner. All moneys in this account
shall be expended solely for the purpose of defraying the cost of the administration
of this chapter and for no other purpose whatsoever. The account shall consist of
all moneys appropriated by this State, and all moneys received from the United
States of America, or any agency thereof, including the Social Security Board and
the United States Employment Service, or from any other source, for such pur
pose. All moneys in this account shall be deposited, administered, and disbursed,
in the same manner and under the same conditions and requirements as is pro
vided by law for other special funds in the State treasury. Any balances in this
account shall not lapse at any time, but shall be continuously available, to the
commissioner for expenditures consistent with this chapter. The State treasurer
shall give a separate and additional bond conditioned upon the faithful perform
ance of his duties in connection with the unemployment compensation adminis
tration fund in an amount to be fixed by the commissioner and in a form approved
by the attorney general. The premiums for such bond and the premiums for the
bond given by the treasurer of the unemployment compensation fund under
section 8 of this chapter shall be paid from the moneys in the unemployment
compensation administration account.
B. A special “ employment service account” shall be maintained as a part of
the unemployment compensation administration account for the purpose of
maintaining public employment offices established pursuant to chapter 146 of the
Laws of 1935 and for the purpose of co-operating with the United States Employ
ment Service. There shall be paid into such account the moneys apportioned for
the purposes of this account from any moneys received by this State under title 3
of the Social Security Act, as amended.

• A dded b y ch. 99, A cts of 1935, reenacted b y ch. 178, A cts of 1937.

TEXT OF THE LAWS

ACTS OF 1935
C hapter 146
Section 1. Federal act accepted.— The state of New Hampshire hereby accepts
an act of Congress entitled “ An act to provide for the establishment of a National
Employment System and for co-operation with the Statefs] in the promotion of
such System, and for other purposes,” approved June 6 , 1933, in conformity with
section 4 thereof.
Sec . 2 . State to co-operate.— The commissioner of labor is hereby designated as
the state agency for the purposes of said act and is hereby authorized and directed
to co-operate with the United' States Employment Service under said act and is
given full power to co-operate with all authorities of the United States having
powers and duties under such act, and to do and perform all things necessary to
secure to the state of New Hampshire the benefit of such act in the promotion and
and maintenance of a system of public employment offices.
Sec. 3. State employment offices.— The commissioner of labor shall establish
and maintain a New Hampshire state employment office responsible for the admin
istration of a system of public employment offices throughout the state. Such
offices shall be located in such places as the commissioner may determine and
shall be managed in accordance with rules and regulations adopted by the com
missioner. The commissioner shall appoint such clerks and assistants as may be
necessary for the conduct thereof and shall fix their compensation.
Sec. 4. Preference to residents.— In registering applications for employment and
for employees wanted preference shall be given to residents of the state.
Sec. 5. Duty of city and town clerks.— It shall be the duty of the city and town
clerks to co-operate with the New Hampshire state employment office in the
reception and forwarding of applications from those seeking employment and those
desiring employees. Such city or town clerks shall receive no compensation from
the state for such services but may receive additional compensation therefor
according to the direction of the respective cities and towns.
Sec. 6 . Reports.— The commissioner of labor shall prepare and publish from
time to time reports relating to the activities of the said New Hampshire state
employment office.
NEW JERSEY

1911-1924 SUPPLEMENT TO COM PILED STATUTES
Free labor bureaus
107-145A(1).7 Bureaus authorized.— The Department of Labor is here
by 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 advis
able, for the following purposes: To bring together employers seeking employees
and working people seeking employment; to supply information as to opportu
nities for securing employment in this State, and the character of the work to be
performed; 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.
T Sections 107-145A (1), 107-145A (8), and 107-136A (13) have n ot been specifically repealed. T h e y are
S e c t io n

therefore included here.

LAWS RELATING TO EMPLOYMENT AGENCIES

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.
S e c . 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.
S e c . 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.
S e c . 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
command, or fees received by him, as may be available for that purpose.
Department of labor

S e c t i o n 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.
ACTS OF 1936 (SPECIAL SESSION)

C h a p t e r 270.— Unemployment compensation law
S e c t i o n 10. Administrative organization.— (a) There is hereby created a com
mission to be known as the Unemployment Compensation Commission of New
Jersey. It shall consist of seven members who shall be appointed by the Governor,
with confirmation by the Senate, not more than four of whom shall be of the same
political affiliation. * * *
(b) The commission shall appoint an executive director who shall be the chief
executive and approval officer of the commission and its official agent for all
purposes, and who shall hold office at its pleasure. He shall give his full time to
the duties of this office, shall be paid a suitable salary to be fixed by the commission
and shall have general charge and supervision of the work of all departments of
the commission as well as any subdivisions thereof.
It shall be the duty of the executive director to administer this act with the
advice of the commission; * * *
(c) The executive director shall establish such administrative divisions as may
be necessary to carry out the purposes of this act, subject to approval of the com
mission. Among such divisions shall be New Jersey State Employment Service
Division, established pursuant to section 12 of this act. The New Jersey State
Employment Service shall be a separate administrative unit with respect to
personnel, budget, and duties, except insofar as the commission may find such
separation to be impracticable.
*
*
*
*
*
*
*
S e c . 12 . Employment Service.— (a) The employment bureau of the New Jersey

Department of Labor and its present personnel, including those employed by the
New Jersey National Re-employment Service, is hereby transferred to the com
mission as a division thereof, which shall establish and maintain free public
employment offices in such number and in such places as may be necessary for the
proper administration of this act and for the purpose of performing such duties
as are within the purview of the act of Congress entitled “ An act to provide for
the establishment of a national employment system and for co-operation with the
States in the promotion of such system, and for other purposes,” approved June
sixth, one thousand nine hundred and thirty-three (48 Stat. 113; U. S. C., title 29,
sec. 49 (c)), as amended. The said division shall be administered by a full-time
salaried director, who shall be charged with the duty, subject to the supervision
of the commission and the executive director, to co-operate with any official or
agency of the United States having powers or duties under the provisions of the
said act of Congress, as amended, and to do and perform all things necessary to
secure to this State the benefits of the said act of Congress, as amended, in the

TEXT OF THE LAWS

promotion and maintenance of a system of public employment offices. The
provisions of the said act of Congress, as amended, are hereby accepted by this
State, in conformity with section four of said act, and this State will observe and
comply with the requirements thereof. The New Jersey State Employment
Service division is hereby designated and constituted the agency of this State for
the purpose of said act. The executive director, with the approval of the commis
sion, is empowered to appoint, subject to the provisions of chapter 156, P. L.
1908, and the supplements and amendments thereto, the director, other officers,
and employees, subject to the provisions aforesaid, of the New Jersey State
Employment Service on a nonpartisan merit basis from lists of eligible persons
prepared by the Civil Service Commission and in accordance with regulations
prescribed by the director of the United States Employment Service; provided,
however, that present employees having civil service status shall retain full rights
as provided in the Civil Service Act of this State.
(b) All moneys received by this State under the said act of Congress, as amend
ed, shall be paid into the special “ employment service account” in the unemploy
ment compensation administration fund, and said moneys are hereby made avail
able to the New Jersey State Employment Service to be expended as provided by
this section and by said act of Congress. For the purpose of establishing and
maintaining free public employment offices, said division is authorized to enter
into agreements with any political subdivision of this State or with any private,
nonprofit organization, and as a part of any such agreement the commission may
accept moneys, services, or quarters as a contribution to the employment service
account.
S e c . 13.— Employment service account.—

C h a p t e r 9.— Labor and industrial commission
S e c t i o n 12. Establishment of employment agency.— The Labor Commissioner
may, if deemed mecessary, maintain and operate a free employment agency for
the purpose of supplying labor to all branches of industry.
ACTS OF 1934 (SPECIAL SESSION)

C h a p t e r 15.— Public employment agencies
S e c t i o n 1. Federal act accepted.— The State of New Mexico hereby accepts the

provisions of the act of Congress approved June 6 , 1933, entitled “ an act to pro
vide for the establishment of a national employment system and for cooperation
with the states in the promotion of such system, and for other purposes.”
S e c . 2. Administration.— The Labor Commissioner of the State of New Mexico
is hereby designated and constituted the agency of the State of New Mexico
for the purpose of such Act, with full power to establish such public employment
offices throughout the State of New Mexico as he may deem necessary to fully
carry out the purposes, to employ such agents, clerks and employees as are neces
sary therefor, with full power to cooperate with all authorities of the United
States having powers or duties under said Act of Congress and to do and perform

LAWS RELATING TO EMPLOYMENT AGENCIES

all things necessary to secure to this State the benefits of said Act in the promotion
and maintenance of a system of public employment offices. All funds made
available to this State under said Act of Congress shall, upon receipt thereof, be
paid into the General Funds of the State Treasury and are hereby appropriated
therefrom to be expended by the Labor Commissioner as provided by the Act of
Congress and by this Act.
Sec. 3. Appropriation.— [For the purpose of maintaining public employment
offices, the sum of $1,252 was appropriated for the fiscal year ending June 30,
1934, and the further sum of $5,000 for the fiscal year ending June 30, 1935.]
[Chapter 8 , acts of 1935, appropriates for the purpose of carrying out the pro
visions of the above chapter during the twenty-third, twenty-fourth, and twentyfifth fiscal years the additional sum of $33,000.]
ACTS OF 1936 (SPECIAL SESSION)
A ct N o. 1.— Unemployment insurance law

S e c t i o n 10. Administrative organization.— (a) There is hereby created a com
mission to be known as the Unemployment Compensation Commission of New
Mexico. The commission shall consist of three members, who shall be appointed
by the Governor by and with the consent of the Senate as soon as possible after
the passage and approval of this Act and thereafter when any vacancy occurs in
its membership. Each member shall hold office for a term of six years, except
that ( 1 ) any member appointed to fill a vacancy occurring prior to the expira
tion of the term for which his predecessor was appointed shall be appointed for
the remainder of such term; and (2 ) the term of office of the members first taking
office after the date of enactment of this Act shall expire, one February 1 , 1939,
one February 1, 1941, and one February 1, 1943. The members of the commis
sion shall be state officers and before entering upon the duties of their office shall
take the oath of office prescribed for state officers.
(b) One of the members of the commission so appointed shall be the chairman
of the commission and shall also serve as executive director of the commission
and all divisions thereof. He shall devote his full time to the duties of such office
and shall be paid a salary to be fixed by the Governor not to exceed Six Thousand
Dollars per year. The other two members of the commission shall not receive
any fixed salary but shall be paid at the rate of Ten Dollars per day plus neces
sary expenses while engaged in the actual performance of their duties but neither
of said two commissioners shall in any event receive more than One Thousand
Dollars salary in addition to expenses for any calendar year. The salaries of
all commissioners shall be paid from the unemployment compensation administra
tion fund. The chairman of the commission shall be designated by the Governor.
(c) The commission shall establish two coordinate divisions: the New Mexico
State employment service division created pursuant to section 12 of this Act,
and the unemployment compensation division. Each division shall be respon
sible for the discharge of its distinctive function. Each division shall be a sep
arate administrative unit with respect to personnel, budget, and duties, except
insofar as the commission may find that such separation is impractical.
S e c . 11. Administration.—
*

♦

TEXT OF THE LAWS

transferred to the account of the commission and any or all thereof may be with
drawn from the State Treasury by the commission to be placed in the custody of
its treasurer upon proper resolution presented to the State Treasurer. Such
moneys when received by the commission shall be placed in the “ Employment
Service Account” hereinafter provided for. All the duties and powers of the
Labor Commissioner of the State of New Mexico relating to the establishment,
maintenance and operation of free public employment offices is hereby vested in
the Employment Service Division of the commission. The commission shall
establish and maintain free public employment offices in such number and in
such places as may be necessary for the proper administration of this Act and for
the purpose of performing such duties as are within the purview of the Act of
Congress entitled “ An Act to provide for the establishment of a national employ
ment system and for cooperation with the States in the promotion of such system,
and for other purposes,” approved June 6 , 1933 (48 Stat. 113; U. S. C., title 29,
sec. 49 (c)), as amended. The unemployment compensation commission is
hereby designated and constituted the agency of this State for the purpose of said
Act. The said division shall be administered by a full-time salaried director who
shall be charged with the duty to cooperate with any official or agency of the
United States having powers or duties under the provisions of the said Act of
Congress, as amended, and to do and perform all things necessary to secure to this
State the benefits of the said Act of Congress, as amended, in the promotion and
maintenance of a system of public employment offices.
The commission is directed to appoint the director, other officers, and employees
of the New Mexico State Employment Service. Such appointments shall be
made in accordance with regulations prescribed by the Director of the United
States Employment Service.
(b)
All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
unemployment compensation administration fund, and said moneys are hereby
made available to the New Mexico State Employment Service to be expended as
provided by this section and by said Act of Congress. For the purpose of estab
lishing and maintaining free public employment offices, said division is authorized
to enter into agreements with any political subdivision of this State or with any
private, nonprofit organization, and as a part of any such agreement the com
mission may accept moneys, services, or quarters as a contribution to the employ
ment service account.
Sec. 13 (as amended 1937, ch. 129). Employment service account. —
♦
?)e
$
4c
ifc
*
sfc
(b) A special “ employment service account” shall be maintained as a part of the
unemployment compensation administration fund for the purpose of maintaining
the public employment offices established pursuant to section 12 of this Act and
for the purpose of cooperating with the United States Employment Service. In
addition, there shall be paid into such account the moneys designated in section
12 (b) of this Act, and such moneys as are apportioned for the purposes of this
account from any moneys received by this State under title III of the Social
Security Act, as amended.
NEW YORK

CAHILL’S CONSOLIDATED LAWS, 1930
C hapter 32, A rticle 2.— Department of labor
Section 2 1 . General powers and duties of commissioner.— The commis
sioner: * * *
7.
May provide for the establishment and maintenance of public employ
ment offices for the purpose of securing employment for men, women, and
children. * * *
Sec. 2 1 a. 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

LAWS RELATING TO EMPLOYMENT AGENCIES

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.
S e c . 2 1 -b (as added 1933 (special session) ch. 8 1 2 ).8
Federal act accepted.—
1.
The state of New York hereby accepts the provisions of an act of the congress
of the United States effective June sixth, nineteen hundred thirty-three, entitled
“ An act to provide for the establishment of a national employment system and
for cooperation with the states in the promotion of such system, ana for other
purposes.”
2. The industrial commissioner is hereby designated as the agent of the state
as required by such act of congress hereinbefore specified in section one and as
such agent is hereby authorized, empowered and directed to cooperate with the
United States employment service under and pursuant to the terms, conditions,
provisions and requirements of such act and he shall have and exercise all powers
necessary therefor. Such commissioner is hereby further authorized, empowered
and directed to take such steps and to formulate such plans and to execute such
projects as may be necessary or appropriate to obtain for and on behalf of the
state the full benefits, advantages and privileges derivable under and pursuant to
such act of congress.
#
3. The department of taxation and finance is hereby authorized and empowered
to receive from the federal government any and all funds allocated or apportioned
to the state under such act of congress. Such moneys shall be placed in a special
fund and shall be payable upon the audit and warrant of the comptroller upon
vouchers approved by the industrial commissioner and shall be used by him for
the purposes specified in such act or in any agreement or plan entered into or
formulated by him with the United States employment service pursuant to such
act.
C hapter 41, A rticle 120.— Labor
S e c t i o n 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.
S e c . 1275. (as amended 1934, ch. 702).® Violations, etc.— Any person who vio
lates 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 employ
ment certificate as to any matter required by the labor law to appear in any affi
davit, record, transcript or certificate therein provided for, is guilty of a misde
meanor and upon conviction shall be punished, except as in this chapter otherwise
provided, for a first offense by a fine of not more than fifty dollars; for a second
offense by a fine of not less than fifty dollars nor more than two hundred and
fifty dollars, 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 two hundred
and fifty dollars, or by imprisonment for not more than sixty days, or by both
such fine and imprisonment.
ACTS OF 1935
C

h a p t e r

468.— Unemployment insurance law 10

S e c t i o n 518 (as amended 1937, ch. 142). Administration; employment office.— 1.
This article shall be adminstered by the commissioner and for such purpose he
shall have power to make all rules and regulations and, subject to the regulations
of the civil service, to appoint such officers and employees as may be necessary in
the administration of this article.
2 . The commissioner may create as many employment districts and may es
tablish and maintain as many state employment offices as he deems necessary to
carry out the provisions of this article.

5. The commissioner shall divide the state into such number of employment
districts as he finds necessary and shall maintain a district office in each of said
districts. Each district office shall be in charge of a district superintendent. In
each district the commissioner shall establish such number of local employment
* See S u p p le m e n t (1931-35) to C a h ill’s C o n solid ated L a w s, 1930, ch. 32, sec. 21-b.
• S ee S u p p lem en t (1931-35) to C a h ill’s C o n solid ated L a w s, 1930. ch. 41, art. 120.
w See S u p p le m e n t (1931-35) to C a h ill’s C o n solid ated L a w s, 1930, ch. 32, art. 18.

TEXT OF THE LAWS

offices as he finds necessary, which offices, in addition to the other duties prescribed
herein and by the commissioner, shall act as free public employment exchanges.
Each local employment office shall be in charge of a local manager.
Sec. 520. Unemployment administration fund.— There is hereby created the un
employment administration fund to consist of all moneys received by the state or
the commissioner for the administration of this article. Such fund shall be handled
by the commissioner of taxation and finance and state comptroller as other state
moneys are handled; but it shall be expended solely for the purposes herein
specified, and its balances shall not lapse at any time but shall remain continu
ously available to the commissioner for expenditure consistent herewith. All
federal moneys allotted or apportioned to the state by the federal social security
board, or other agency, for the administration of this article, shall be paid into
the unemployment administration fund. A special ‘ ‘employment service ac
count” of funds received by the state in accordance with the provisions of section
twenty-one-b of the labor law, shall be maintained as a part of such fund.
NORTH CAROLINA
M ICH IE’S CODE, 1935
Section 7312 (a). Offices 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, to be known as the State employment service. Such bureau shall be in
charge of an officer to be known as the State employment director, appointed by
the commissioner of labor in accordance with the regulations prescribed by the
director of the United States employment service, said state director to receive
an annual salary not to exceed three thousand dollars to be fixed by the Commis
sioner of Labor. There shall also be appointed in said bureau, by the commis
sioner of labor and printing, such assistants and other employees as are necessary
to carry out the provisions of this article.
Sec. 7312 (a l). [This section provides for the acceptance of the national employ
ment agency law and continues as follows:]
The State department of labor is hereby designated and constituted the agency
of the State of North Carolina for the purposes of such act, and the commissioner
of said department of labor is hereby given full power to cooperate with all authori
ties of the United States having powers or duties under such Act and do and
perform all things necessary to secure to the State of North Carolina the benefits
of such act in the promotion and maintenance of a system of public employment
offices.
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:
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, and to extend vocational guidance
through the facilities of such service.
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

186553*—87----- 6

LAWS RELATING TO EMPLOYMENT AGENCIES

vocational 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 in cooperation
with the United States employment service, 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 of 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
community 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 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 upon such conditions as may be
approved by the commissioner of labor, 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 seventy-five thousand dollars ($75,000.00)
per annum for the purpose of maintaining the public employment offices created
under this article and for the purpose of cooperating with the United States
employment service.
Sec. 7312 (ii). Disbursing appropriation.— The funds appropriated herein,
together with all Federal funds made available to this State under said act of
Congress, shall be paid into the general treasury of this State, and said funds are
hereby appropriated and made available for carrying out the provisions ot this
article in accordance with the provisions of the said act of Congress. Upon the
voucher of the commissioner of labor the auditor shall audit and the treasurer pay
the expenses of the said free employment service not in excess of the funds available
under the provisions of this article.
ACTS OF 1936 (FIRST SPECIAL SESSION)
C hapter 1.— Unemployment compensation law
Section 10 . Administrative organization.— (a) There is hereby created a com
mission to be known as the Unemployment Compensation Commission of North
Carolina. The commission shall consist of three members, two of whom shall be
appointed by the Governor within thirty days after the passage of this act. In
case of any vacancy occurring in the membership of such commission as to the
two members thereof appointed by the Governor, such vacancy shall be filled by
appointment by the Governor. * * *
(b) The commission shall establish two coordinate divisions: The North Caro
lina State Employment Service Division, created pursuant to Section 12 of this
act, and the Unemployment Compensation Division. Each division shall be

TEXT OF THE LAWS

responsible for the discharge of its distinctive functions. Each division shall be
a separate administrative unit with respect to personnel, budget, and duties,
except in so far as the commission may find that such separation is impracticable.
(c) Each commissioner appointed by the Governor shall be paid from the Un
employment Compensation Administration Fund a salary payable on a monthly
basis, which salary shall be fixed by the Governor, with the approval of the
Council of State. The compensation of the Commissioner of Labor as the third
member of the said commission ex officio shall be the same as now fixed by law
and paid as now prescribed by law.
S e c . 11 . Personnel.—

(d) Subject to other provisions of this act, the commission is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such
officers, accountants, attorneys, experts, and other persons as may be necessary
in the performance of its duties. It shall provide for the holding of examinations
to determine the qualifications of applicants for the positions so classified, and
except for temporary appointments not to exceed six months in duration, shall
appoint its personnel on the basis of efficiency and fitness as determined in such
examinations. AH positions shall be filled by persons selected and appointed on
a nonpartisan merit basis. The commission shall not employ or pay any person
who is an officer or committee member of any political party organization. The
commission may delegate to any such person so appointed such power and
authority as it deems reasonable and proper for the effective administration of
this act, and may, in its discretion, bond any person handling moneys or signing
checks hereunder.
S e c . 12. State Employment Service.— (a) The State Employment Service created
by Chapter 106, Public Laws of 1935, and acts amended thereby, is hereby trans
ferred to the commission as a division thereof, which shall establish and maintain
free public employment offices in such number and in such places as may be
necessary for the proper administration <^f this act, and for the purpose of per
forming such duties as are within the purview of the Act of Congress entitled
“ An act to provide for the establishment of a national employment system and
for cooperation with the States in the promotion of such system, and for other
purposes,” approved June 6 , 1933 (48 Stat. 113; U. S. C., Title 29, sec. 49, (e)),
as amended. The said division shall be administered oy a full-time salaried
director, who shall be charged with the duty to cooperate with any official or
agency of the United States having powers or duties under the provisions of the
said act of Congress, as amended, and to do and perform all things necessary to
secure to this State the benefits of the said act of Congress, as amended, in the
promotion and maintenance of a system of public employment offices. The pro
visions of the said act of Congress as amended, are hereby accepted by this State,
in conformity with Section 4 of said act, and this State Will observe and comply
with the requirements thereof. The State Employment Service Division is
hereby designated and constituted the agency of this State for the purpose of said
act. The commission is directed to appoint the director, other officers, and em
ployees of the State Employment Service. Such appointments shall be made in
accordance with regulations prescribed by the director of the United States
Employment Service.
(b) All moneys received by this State under the said act of Congress, as
amended, shall be paid into the special "employment service account” in the
Unemployment Compensation Administration Fund, and said moneys are hereby
made available to the State Employment Service to be expended as provided by
this section and by said act of Congress. For the purpose of establishing and
maintaining free public employment offices, said division is authorized to enter
into agreements with any political subdivision of this State or with any private,
nonprofit organization, and as a part of any such agreement the commission may
accept moneys, services, or quarters as a contribution to the employment service
account.
S e c . 13. Employment service account.—

(b) A special "employment service account” shall be maintained as a part of
the Unemployment Compensation Administration Fund for the purpose of main
taining the public employment offices established pursuant to section 12 of this
Act, and for the purpose of cooperating with the United States Employment
Service. There is hereby appropriated out of the appropriation made by Chapter
106 of the Public Laws of 1935, after the provision for liquidation of all out
standing obligations of the State Employment Service, all of the unexpended

LAWS RELATING TO EMPLOYMENT AGENCIES

portion of said appropriations for the fiscal year beginning July 1, 1936, and
ending June 30, 1937, to the commission created by this act, for the purpose of
paying the State’s contribution towards the expenses of the administration of the
State Employment Service created by the provisions of Chapter 106, Public Laws
1935, and transferred under the provisions of this act as a division to be set up
by said commission. And for the said purpose, there is hereby appropriated
annually to the said commission, the sum of $75,000X0. In addition, there shall
be paid into such account the moneys designated in section 12 (b) of this Act,
and such moneys as are apportioned for the purpose of this account from any
moneys received, or which may be received, by this State under Title III of the
Social Security Act, as amended.
NORTH DAKOTA
SUPPLEM ENT (1913-25) TO COM PILED LAWS
C hapter

5, A r t ic l e 22a.— Free employment agencies

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 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 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 keeping a record of the
movement of labor, registration and placements, and all reports required to be
made to that end.
S e c . 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.
S e c . 572a-3. Reports.— Each such agent shall make the commissioner of agricul
ture and 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.
S e c . 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.
S e c . 572a~5. Fees.— No fees direct or indirect shall in any case be charged or
received from those seeking the benefits of this act.
S e c . 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.
S e c . 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
S e c t io n

TEXT OF THE LAWS

be posted in the employment office, but not until it has been communicated 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.
S e c . 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.
S e c . 572a-9. Appropriation.— There is hereby appropriated out of any monies
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.
ACTS OF 1937
232.— Unemployment compensation law

C hapter

10. Administrative organization.— There is hereby created in the
North Dakota Workmen’s Compensation Bureau a division to be known as the
Unemployment Compensation Division. The North Dakota State Employ
ment Service, as created by Chapter 161 of the Session Laws of 1935, is hereby
transferred together with all its records, contracts, agreements and funds, and
established as a division of the Workmen’s Compensation Bureau and shall with
the Unemployment Compensation Division, constitute two coordinate divisions
of such Bureau, each of which shall be administered by a full-time salaried director,
who shall be subject to supervision and direction of the Bureau. Upon passage
and approval of this Act the Workmen’s Compensation Bureau shall have all of
the powers and duties heretofore placed in the Commissioner of Agirculture and
Labor in Subsection[s] 5, 6 , 7, 8 and 9 of Chapter 161 for the 1935 Session Laws.
Each division shall be responsible for the discharge of its distinctive functions.
Each division shall be a separate and administrative unit with respect to personnel,
budgets and duties, except insofar as the Bureau may find that such separation is
impracticable because of the small size of the territory served or of the volume of
work performed. The Bureau is authorized to appoint, fix the compensation of,
and prescribe the duties of the Director o f the Unemployment Compensation
Division, provided that such appointment shall be made on a nonpartisan merit
basis, and to appoint, fix the compensation of, and prescribe the duties of the
Director of the North Dakota State Employment Service Division in accordance
with the provisions of Section 13 of this Act.
S e c . 11. Administration.—
S e c t io n

(d) Subject to other provisions of this Act, the Bureau is authorized to appoint,
fix the compensation, and prescribe the duties and powers of such officers, account
ants, attorneys, experts, and other persons as may be necessary in the performance
of his [its] duties under this Act. The Bureau may delegate to any such person
such power and authority as he [it] deems reasonable and proper for the effective
administration of this Act, and may in his [its] discretion bond any person handling
moneys or signing checks hereunder. The Bureau shall classify positions under
this Act and shall establish salary schedules and minimum personnel standards
for the positions so classified. He [it] shall provide for the holding of examinations
to determine the qualifications of applicants for the positions so classified, and
except for temporary appointments of not to exceed six months in duration, such
personnel shall be appointed on the basis of efficiency and fitness as determined in
such examination. No person who is an officer or committee member of any
political party organization or who holds or is a candidate for any public office shall
be appointed or employed under this Act. The Bureau shall establish and enforce
fair and reasonable regulations for appointments, promotions, and demotions
based upon ratings of efficiency and fitness and for terminations for cause.
*
*
*
*
*
*
*

LAWS RELATING TO EMPLOYMENT AGENCIES

S e c . 13. Employment service.— (a) The North Dakota State Employment
Service is hereby established in the Workmen’s Compensation Bureau as a division
thereof. The Bureau, through such division, shall establish and maintain free
public employment offices in such number and in such places as may be necessary
for the proper administration of this Act, and for the purpose of performing such
duties as are within the purview of the Act of Congress entitled “ An Act to
Provide for the Establishment of a National Employment System and for Co
operation with the States in the Promotion of Such System, and for Other Pur
poses,” approved June 6 , 1933 (48 Stat. 113: U. S. C. Title 29, Section 49 (c)), as
amended. The said division shall be administerd by a full time salaried Director,
who shall be charged with the duty to co-operate with any official or agency of
the United States having powers or duties under the provisions of the said Act of
Congress, as amended, and to do and perform all things necessary to secure to this
State the benefits of the said Act of Congress, as amended, in the promotion and
maintenance of a system of public employment offices. The provisions of the
said Act of Congress, as amended, are hereby accepted by this State, in conformity
with Section 4 of said Act, and this State will observe and comply with the re
quirements thereof. The North Dakota State Employment Service is hereby
designated and constituted the agency of this State for the purposes of said Act.
The Bureau is directed to appoint the Director, other officers, and employees of
the North Dakota State Employment Service. Such appointments shall be made
in accordance with regulations prescribed by the Director of the United States
Employment Service.
(b) All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ Employment Service Account” in the
Unemployment Compensation Administration Fund, and said moneys are hereby
made available to the North Dakota State Employment Service to be expended
as provided by this Section and by said Act of Congress. For the purpose of
establishing and maintaining free public employment offices, the Bureau is author
ized to enter into agreements with any political sub-division of this State or with
any private, non-profit organization and as a part of any such agreement the
Bureau may accept moneys, services, or quarters as a contribution to the Em
ployment Service account.
S e c . 14. Employment service account.—
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(b) A special Employment Service account shall be maintained as a part of the
Unemployment Compensation Administration Fund for the purpose of main
taining the Public Employment Offices established pursuant to Section 13 of
this Act and for the purpose of co-operating with the United States Employment
Service. There is hereby appropriated to the Employment Service Account of
the Unemployment Compensation Administration Fund, from any money in the
State Treasury not otherwise appropriated, $33,000.00 for the biennium ending
June 30, 1939. In addition, there shall be paid into such account the moneys
designated in Section 13 (b) of this Act, and such moneys as are apportioned for
the purposes of this account from any moneys received by this State under Title III
of the Social Security Act, as amended.

OHIO

PAGE’S GENERAL CODE, 1932

S e c t i o n 871-22. Duties of [industrial] commission.— It shall also be the duty of
the industrial commission, and it shall have full power, jurisdiction and authority.
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(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
minors 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 power to avoid unemployment, to provide
employment and to prevent distress from involuntary idleness.
S e c . 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

TEXT OF THE LAWS

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.
S e c . 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 fifty dollars and imprisoned in the county jail or
workhouse not exceeding thirty days.
ACTS OF 1933

P a g e 522“
[This act amends section 154^45 General Code 1932 by adding supplementa
sections 154-45a. through 154^45c as follows:]
S e c t i o n 154-45a. Federal act accepted.— [The State accepts the provisions of the
Federal act establishing a national employment system.]
S e c . 154r-45b. Cooperating agency.— [The department of industrial relations is
authorized to cooperate with the United States Employment Service under the
terms of the said act.]
S e c . 1 5 4 -4 5 c. Funds and disbursements.— [The State treasurer is designated
custodian of moneys received from appropriations by the United States Congress,
and he may disburse the same according to law, upon the order of the director of
the department of industrial relations.]
ACTS OF 1936

P a g e 286.— Unemployment compensation law
S e c t i o n 3. Employment service accounts.—

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(b)
A special “ employment service account” shall be maintained as a part of
the unemployment compensation administration fund for the purpose of main
taining the public employment offices established pursuant to section 15 of this
act and for the purpose of cooperating with the United States employment service.
S e c . 12 (as amended 1937, S. B. 169). Administrative organization.— (a) This
act shall be administered by the unemployment compensation commission of
Ohio.
There is hereby created an unemployment compensation commission of Ohio,
to be composed of three members appointed by the governor with the advice and
consent of the senate. Not more than one of the appointees to such commission
shall be a person who, on account of his previous vocation, employment or affilia
tions can be classed as a representative of employers, and not more than one of
such appointees shall be a person who, on account of his previous vocation, employ
ment or affiliations, can be classed as a representative of employees; and not more
than two of the members of said commission shall belong to the same political
party. No commissioner shall hold any position of trust or profit, or engage in
any occupation or business interfering or inconsistent with his duties as a member
of said commission; and no commissioner shall serve on any committee of any
political party.

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S e c . 15 (as amended 1937, H. B. 103). Employment service.— The Ohio state

employment service is hereby transferred to the commission as a division thereof,
which shall establish and maintain free public employment offices in such number
and in slich places as may be necessary for the proper administration of this act
for the purpose of performing such duties as are within the purview of the act of
congress entitled “ An act to provide for the establishment of a national employ
ment system and for cooperation with the states in the promotion of such system,
and for other purposes” , approved June 6 , 1933 (48 Stat. 113; U. S. C., title 29,
sec. 49 (c)), as amended. The said division shall be administered by a full-time
salaried director, who shall be charged with the duty to cooperate with any official
or agency of the United States having powers or duties under the provisions of
the said act of congress, as amended, and to do and perform all things necessary
to secure to this state the benefits of the said act of congress, as amended, in the
promotion and maintenance of a system of public employment offices. The pro-

11 R epealed, effective Jan. 1, 1938.

LAWS RELATING TO EMPLOYMENT AGENCIES

visions of the said act of congress, as amended, are hereby accepted by this state,
in conformity with section 4 of this act, and this state will observe and comply
with the requirements thereof. The Ohio state employment service is hereby
designated and constituted the agency of this state for the purposes of said act.
The commission is directed to appoint the director, other officers, and employees
of the Ohio state employment service. Such appointments shall be made in
accordance with regulations prescribed by the director of the United States
employment service.
All moneys received by this state under said act of congress as amended, shall
be paid into the special “ employment service account” in the unemployment
compensation administration fund, and said moneys are hereby made available
to the Ohio state employment service to be expended as provided by this section
and by said act of congress. For the purpose of establishing and maintaining
free public employment offices, said division is authorized to enter into agreements
with any political subdivision of this state or with any private, non profit organiza
tion and as a part of any such agreement the commission may accept moneys,
services cr quarters as a contiibution to the employment service account.
The provisions of this section and of section 1345-16 of the General Code shall
take effect on January 1, 1938 and thereupon all records, files, office equipment,
supplies, and property of employment offices maintained, operated and/or super
vised by the department of industrial relations, which are the property of the
state of Ohio, shall be transferred to the unemployment compensation commis
sion and the powers and duties enumerated in paragraph (9) of section 871-22
and in sections 154-45b and 154-45c of the General Code shall be transferred to
and vested in the commission on January 1, 1938.
The employees of such employment offices and employment service of the
state shall be transferred at said time to the jurisdiction of the commission, and
the status, classifications, grades, rates, and rights under the civil service laws of
all such employees shall continue unchanged and unaffected by such transfer.
S e c . 16 (as amended 1937, S. B. 26). Divisions.— The commission shall estab
lish two coordinate divisions: The Ohio state employment service division, created
ursuant to section 1345-15, and the unemployment compensation division.
lach division shall be a separate administrative unit with respect to personnel,
budget, and duties, except insofar as the commission may find that such separa
tion is impracticable.

Sec. 19 (as amended 1937, S. B. 26). Cooperation.—
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The commission is hereby authorized to enter into arrangements with the ap
propriate agencies of other states or the federal government whereby individuals
performing services in this and other states for a single employer under circum
stances not specifically provided for in paragraph c of section 1345-1 or in similar
provisions in the unemployment compensation laws of such other states, shall be
deemed to be engaged in employment performed entirely within this state or
within one of such other states, and whereby potential rights to benefits accumu
lated under the unemployment compensation laws of several states or under such a
law of the federal government, or both, may constitute the basis for the payment
of benefits through a single appropriate agency under terms which the commis
sion finds will be fair and reasonable as to all affected interests and will not result
in any substantial loss to the fund.
OKLAHOMA

ACTS OF 1935
C hapter
S e c t io n 1 .

Federal act accepted.— The State of Oklahoma hereby accepts the
provisions of the Act of Congress approved June 6 , 1933, 48 Stat. 113, U. S. C.,
Ti. 29, Sec. 49, entitled, “ An Act to provide for the Establishment of a National
Employment System and for Cooperation with the States in the Promotion of
such System and for other Purposes” , in conformity with Section 4 thereof, and
will observe and comply with the requirements of said Act.
S e c . 2 . State agency designated.— The Commissioner of Labor and the Labor
Department of Oklahoma are hereby designated and constituted the agency of the
State of Oklahoma for the purposes of such Act with full power to cooperate with
all authorities of the United States having powers or duties under such Act and

TEXT OF THE LAWS

to do and perform all things necessary to secure to the State of O klahom a the
benefits of such act in the prom otion and maintenance of a system of public
en
m en t offices.

3. Creation of employment service.— There is hereby created within the
Labor Department of Oklahoma a division to be known as the Oklahoma State
Employment Service, responsible for administering a system of public employ
ment offices, for the purpose of assisting employers to secure employees, and
applicants for work to secure employment. The employment offices now existing
under the Commissioner of Labor known as the Oklahoma Free Employment
Bureau is hereby abolished and all records, files and property (including office
equipment) of said bureau and its branch offices are transferred to the Oklahoma
State Employment Service. The commissioner of labor is authorized and directed
to establish branch offices of said service in such cities and towns where a branch
of the Free Employment Bureau now exists, and in such other parts of the State
as he deems necessary, and to prescribe rules and regulations not inconsistent with
any of the provisions of this act. Said rules and regulations shall contain a
provision that no fee or compensation shall be charged or received directly or
indirectly from persons applying for employment or help through said Oklahoma
State Employment Service.
S e c . 4. Administration.— The Commissioner of Labor, without additional
compensation for this service, shall be the Director of the Oklahoma State Em
ployment Service, and in accordance with the regulations prescribed by the Direc
tor of the United States Employment Service, shall appoint all other officers and
employees of the said Oklahoma State Employment Service.
S e c . 5. Custody of funds.— The State Treasurer is hereby designated and made
the custodian of funds to be received by the State of Oklahoma from the United
States under said Act of Congress, and said funds are hereby appropriated and
made available to the Commissioner of Labor to be expended as provided by said
Act of Congress and this Act.
S e c . 6 . Appropriation.— There is hereby appropriated from any money in the
State Treasury not otherwise appropriated, the sum of Twenty-five Thousand
($25,000.00) Dollars, for the fiscal year ending June 30, 1936, and the sum of
Twenty-five Thousand ($25,000.00) Dollars, for the fiscal year ending June 30,
1937, for the purpose of maintaining the public employment offices created under
this Act and for the purpose of cooperating with the United States Employment
Service.
S e c . 7. Repeal.— Sections 10802 to 10812, inclusive, of Chapter 52, Article 1,
Oklahoma Statutes, 1931, are hereby repealed together with all acts and parts of
acts which conflict with or are inconsistent with any of the provisions of this act.
ACTS OF 1936 (FIRST SPECIAL SESSION)
H. B. No. 1.— Unemployment compensation law
10. Administrative organization.— (a) There is hereby created in the
Department of Labor a division to be known as the Oklahoma Unemployment
Compensation and Placement Division, which shall be administered by a full-time
salaried director, who shall be subject to the supervision and direction of the
Commissioner of Labor.
(b)
There is hereby established in the Unemployment Compensation and Place
ment Division, two coordinate sections, the Oklahoma State employment service
section, created pursuant to section 12 of this Act, and the unemployment com
pensation section. Each section shall be responsible for the discharge of its dis
tinctive functions, each section shall be a separate administrative unit with respect
to personnel, budget, and duties except insofar as the Commissioner may find that
such separation is impracticable.
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S e c . 11. Personnel.—
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(d) Subject to other provisions of this Act, the Commissioner is authorized to
appoint, fix the compensation, and prescribe the duties and powers of the director
and such officers, accountants, attorneys, experts, and other persons as may be
necessary in the performance of the work of the division. The Commissioner
shall classify the positions and shall establish salary schedules and minimum per
sonnel standards for the positions so classified. He shall provide for the holding
of examinations to determine the qualifications of applicants for the positions so
classified, and, except for temporary appointments not to exceed six months in
S e c t io n

LAWS RELATING TO EMPLOYMENT AGENCIES

duration, shall appoint his personnel on the basis of efficiency and fitness as
determined in such examinations. The Commissioner shall not appoint or employ
any person who is an officer or committee member of any political party organi
zation or who holds or is a candidate for any public office. The Commissioner
shall establish and enforce fair and reasonable regulations for appointments, pro
motions and demotions based upon ratings of efficiency and fitness and for ter
minations for cause. The Commissioner may delegate to any such person so
appointed such power and authority as he deems reasonable and proper for the
effective administration of this Act, and may in his discretion bond any person
handling moneys or signing checks hereunder.
S e c . 1 2 . Employment service.— (a) The Oklahoma State Employment Service
is hereby made a section of the Unemployment Compensation and Placement
Division. The Commissioner shall establish and maintain free public employ
ment offices in such number and in such places as may be necessary for the proper
administration of this Act and for the purpose of performing such duties as are
within the purview of the act of Congress entitled “ An Act to provide for the
establishment of a national employment system and for cooperation with the
States in the promotion of such system, and for other purposes,” approved June
6 , 1933 (48 Stat. 133 [113]; U. S. C., title 29, sec. 49 (c)), as amended. The said
section shall be administered by a full-time salaried director, who shall be charged
with the duty to cooperate with any official or agency of the United States having
powers or duties under the provisions of said Act of Congress, as amended, and
to do and perform all things necessary to secure to this State the benefits of the
said Act of Congress, as amended, in the promotion and maintenance of a system
of public employment offices. The Commissioner is directed to appoint the direc
tor, other officers, and employees of the Oklahoma State Employment Service.
Such appointments shall be made in accordance with regulations prescribed by
the Director of the United States Employment Service.
(b)
All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
unemployment compensation administration fund, and said moneys are hereby
made available to the Oklahoma State Employment Service to be expended as
provided by this section and by said Act of Congress. For the purpose of estab
lishing and maintaining free public employment offices, said section is authorized
to enter into agreements with any political sub-division of this State, or any pri
vate, nonprofit organization, and as a part of any such agreement the Commis
sioner may accept moneys, services, or quarters as a contribution to the employ
ment service account.
S e c . 13. Employment service account.—(b) A special “ employment service account”
shall be maintained as a part of the Unemployment Compensation Administration
Fund for the purpose of maintaining the public employment offices established
pursuant to section 12 of this Act, and for the purpose of cooperating with the
United States Employment Service. There is hereby appropriated to the em
ployment service account Unemployment Compensation Administration Fund,
from any money in the State Treasury not otherwise appropriated, the sum of
$75,000.00 for the fiscal year ending July 1, 1938 and the sum of $75,000.00 for
the fiscal year ending July 1 , 1939. In addition, there shall be paid into such
account the moneys designated in section 12 (b) of this Act and such moneys as
are apportioned for the purposes of this account from any moneys received by
this State under title III of the Social Security Act, as amended.
OREGON
SUPPLEM ENT (1935) TO CODE, 1930
S e c t io n 49-814. Federal act accepted.—The state of Oregon hereby accepts the
provisions of the Act of Congress approved June 6 , 1933, entitled “ An act to
provide for the establishment of a national employment system and for coopera
tion with the states in the promotion of such system, and for other purposes.”
S e c . 49-815. Cooperating agency.— The governor is hereby designated and
instructed to select an agency of the state of Oregon for the purpose of such act,
with full power to cooperate with all authorities of the United States having powers
or duties under such act and to do and perform all things necessary to secure to the
state of Oregon the benefits of such act in the promotion and maintenance of a
system of public employment offices.
S e c . 49-816. Appropriation.— [An annual appropriation of $12,000 is made for
canying out the provisions of this act.]

TEXT OF THE LAWS

ACTS OF 1935 (SPECIAL SESSION)
C hapter 70.— Unemployment compensation law
Section 18 (as amended 1937, ch. 398). Administration.—This Act shall be
administered by the state unemployment compensation commission, which com
mission hereby is created. The members of the state industrial accident com
mission shall constitute the members of the state unemployment compensation
commission and one-half of the annual salary of the members of the state indus
trial accident commission shall be paid out of the unemployment compensation
administration fund.
There hereby is created, under the unemployment compensation commission,
a division to be known as the “ Oregon state employment service,” which shall
be affiliated with the United States employment service. The said division
hereby is designated and constituted the agency of this state for the purpose of
the Wagner-Peyser act. The said division shall be administered by a director,
who hereby is given full power to cooperate with all authorities of the United
States having powers or duties under the said act of congress and to do and perform
all things necessary to secure to this state the benefits of the said act of congress
in the promotion and maintenance of a system of public employment offices.
Sec. 19 (as amended 1937, ch. 398). Duties and powers of commission.— The
state unemployment compensation commission in its name may sue and be sued,
and shall have a seal which shall bear the name of the commission. The commis
sion hereby is charged with the administration of the provisions of this act.
The commission shall appoint, with the approval of the governor, an administra
tor who shall be the executive officer of the commission and under its supervision.
The administrator must be a person of broad administrative experience and
demonstrated executive ability. The administrator shall have direction of all
administrative activities of the commission, shall serve as secretary to the com
mission, and if the original of any record, file, order, proceeding, decision, award
or other document on file with the commission is competent and admissible in
evidence, a certified copy thereof furnished by the secretary under the seal of the
commission shall be received in evidence before the commission or any deputy
or officer thereof and in all courts. The commission shall determine all questions
of general policy, promulgate rules and regulations, hear appeals of contested
claims, and be responsible for the administration of this act. In addition to all
other duties imposed on the commission and powers granted by the provisions of
this act, the commission shall have full power:
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(b) To appoint such officers and employes as may be required for the ad
ministration of the provisions of this act, selection to be on a merit basis, and to
determine their salaries and duties and, in its discretion, to require a bond of any
of its employes engaged in carrying out the provisions of this act. The commis
sion shall not employ any person who is serving as an officer or committee member
of any political party.
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(c) To divide the state into such number of employment districts as it finds
necessary and maintain a district office in each of said districts.
(d) The commission hereby is authorized and directed to cooperate in all neces
sary respects with the appropriate agencies and departments of the federal govern
ment in the administration of this act and of free public employment offices; and
to make all reports thereon requested by any directly interested federal agency or
department, and to accept any sums allotted or apportioned to the state for such
administration, and to comply with all reasonable federal regulations governing
the expenditures of such sums.
sfc

jfe

tft

(f)
The commission shall establish and maintain such free public employment
offices, subject to provisions of any contract or agreements or obligations entered
into or assumed under the provisions of sections 49-814 and 49-815, Oregon Code
1935 Supplement, and section 49-816, Oregon Code 1935 Supplement, as amended
by Chapter 33, Oregon Laws, 1935, special session, including such branch offices
as may be necessary for the proper administration of this act. The commission
shall maintain a division for this purpose. The existing free public employment
offices of the state shall be transferred to the jurisdiction of such division; and
upon such transfer all duties and powers conferred by law upon any other depart
ment, agency or officer relating to the establishment, maintenance and operation
of free public employment offices shall be vested in such division. All moneys
thereafter made available by or received by the state for the state employment

LAWS RELATING TO EMPLOYMENT AGENCIES

service shall be paid to and expended from the unemployment administration fund,
and a special “ employment service account” shall be maintained for this purpose
as a part of said fund.

Sec. 22 (as amended 1937, ch. 398). Employment service account.—
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All moneys made available by or received by this state under the Wagner-Peyser
act entitled “ An act to provide for the establishment of a national employment
system and for cooperation with the states in the promotion of such system, and
for other purposes,” approved June 6 , 1933 (48 Statutes 113; United States Code,
title 29, section 49 (c) as amended) shall he paid into a special “ employment service
account” in the unemployment administration fund and said moneys hereby are
appropriated and made available to the “ Oregon state employment service” to
be expended as provided by this act and by said act of congress.
PENNSYLVANIA
PURDON’S STATUTES, 1936
T itle 43.-— Free employment agencies
Section 601. Definitions.— The term “ bureau,” as used in this act, shall mean
bureau of employment.12
The term “ commissioner” shall mean the commissioner of labor and industry.1*
The term “ board” shall mean the industrial board of the department of labor
and industry.
The term “ local offices” shall mean local, free, public employment offices.
Sec. 602. 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.
S e c . 603. 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 persons, 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. 604. 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 shall 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 employers’ 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 13 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.
11 A b o lish ed b y sen. 2, title 71, P u rd o n 's S ta tu tes. 1936.
** N o w secretary o f lab or an d in d u stry .

TEXT OF THE LAWS

The actual and necessary traveling expenses incurred by members of district
representative councils, while engaged in the performance of their duties, shall be
paid by the State.
S e c . 605. Duty of councils.— The council in each district shall—
(а) Devise methods and take steps toward the regularization of employment in
the various industries and seasonal trades of the district.
(б) 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.
id) Appoint subcommittees to deal’specially with any subject which the council
has 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.
(f) 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
rule shall be prescribed or action taken by the council inconsistent with the action
of the board.
S e c . 606. Fees.'—The bureau 12 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
service or duty performed as an official or employee of the bureau.
S e c . 607. 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
a 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 12 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.
S e c . 608. 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.
S e c . 609. 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 12
or its officials, shall be regarded in any sense as an employee or official of the State.
S e c . 610. 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

M A bolished b y sec. 2, title 71, P urdon’s Statutes, 1936.

LAWS RELATING TO EMPLOYMENT AGENCIES

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 herepy 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.
Secs. 611-612. Exemptions.— No provision of any section of this act shall be con
strued as applying to agents procuring employment for school teachers exclusively;
nor to registries of any incorporated association of nurses; nor to departments or
bureaus 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. 613. 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.
Sec . 614. Federal act accepted.— The Commonwealth of Pennsylvania hereby
accepts the provisions of the act of Congress of June sixth, one thousand nine
hundred thirty-three, entitled “ An act to provide for the establishment of a na
tional employment system and for cooperation with the States in the promotion
of such system, and for other purposes.”
Sec. 615. Administration.— The Department of Labor and Industry of this
Commonwealth is hereby designated as the State agency to cooperate with the
United States Employment Service under said act of Congress, and said depart
ment shall have full authority to do all things necessary to effect such cooperation.
Sec. 616. Custodian of funds.— All moneys granted to the Commonwealth by
the Federal Government, under the said act of Congress, shall be received by the
State Treasurer as custodian, and he shall disburse such funds, on requisition of
the Department of Labor and Industry, for the purposes of the grant without
further appropriation.
T itle 71.*— [Reorganization of executive departments]
D epartment

L abor

and

I ndustry

Section 570. Employment and unemployment.— The department of labor and
industry shall have the power:
(a) To endeavor to bring together employers seeking employes 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 employes desiring to go to places where work
is available.
ACTS OF 1936 (SECOND SPECIAL SESSION)
A ct No. 1.— Unemployment compensation law
Section 201. Administration.— It shall be the duty of the department to
administer and enforce this act through such employment service and public
employment offices as have been or may be constituted in accordance with the
provisions of this act and existing laws. It shall have power and authority to
adopt, amend, and rescind such rules and regulations, require such reports from
employers, employes, the board, and from any other person deemed by the
department to be affected by this act, make such investigations and take such
other action as it deems necessary or suitable. Such rules and regulations shall

TEXT OF THE LAWS

not be inconsistent with the provisions of this act and shall be effective in the
manner the department shall prescribe. The department shall submit to the
Governor a biennial report covering the administration and operation of this act
and shall make such recommendations for amendments to this act as it deems
proper.
Sec . 202. Personnel.— The secretary shall have power to establish such offices
and to appoint and fix the compensation of such employes in such offices and in
the department as he may deem necessary to administer this act, subject to the
provisions of section two hundred eight of this act.
Sec. 208 (as amended 1937, No. 175). Selection of personnel.— (a)-(d) [These
subsections provide that all employes of the department shall be employed as
provided in section 208, with the exception of the members and secretary of the
board, referees and such attorneys and experts as the Attorney General or the
secretary shall appoint and the Governor shall approve. The secretary shall
establish classes of employment, composed of the various positions to be created.
He shall divide the classes into grades, specifying the salary range for each grade.
Appointments shall be made at the lowest salary for the grade in which made,
but after the required probationary period has been served, the secretary may
increase the salary of an employe to not more than the maximum provided for
his grade of employment.]
(e) The secretary shall prescribe, by rules and regulations, the qualifications to
be possessed by persons desiring employment in the various grades of employ
ment in the administration of this act. The qualifications shall be such as will
best promote the most efficient administration of this act and shall provide that
persons applying for positions in the offices designated by the secretary as central
administrative offices (which shall include all those having jurisdiction throughout
the State) shall be citizens of the United States, and shall have been legal residents
of Pennsylvania for a period of not less than one year before making application,
and persons applying for positions in district offices (which shall include all those
whose jurisdiction is limited to a particular district created under the provisions
of this act) shall be citizens of the United States and shall have been legal residents
of Pennsylvania for a period of not less than one year, and in the district in which
such office is located for a period of not less than six months before making appli
cation.
(f)
-(t) [These subsections provide for competitive examinations for employ
ment under the provisions of the act and set out the examination procedure and
the method of establishing a list of eligibles from which appointments shall be
made. The first nine months under an appointment shall be a probationary
period. If, after a fair trial during this period, the conduct or capacity of the
probationer be not satisfactory, notification to this effect in writing with a full
statement of reasons shall terminate his services, provided that within ten days
he may appeal his case to the board. However, the retention of the employe
beyond the probationary period automatically confirms such person as a per
manent appointee.
The secretary may dismiss, suspend or furlough employes when the public
interest or the efficiency of the service requires. All employes given notice of
dismissal, suspension or furlough, shall be entitled to a hearing before the board
bv an appeal made within ten days after such notice of dismissal suspension or
furlough.
The expenses of administering this section shall be paid from the Administration
Fund.]
PHILIPPINE ISLANDS

ACTS OF 1911-12
A ct N o. 2129.— Employment offices— Public registry of workmen
S e c t io n 1. Registry authorized.— Municipal councils organized under act num
bered eighty-two, and the townships of Mindoro, Palawan, and Batanes, are
hereby authorized 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
personal 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

LAWS RELATING TO EMPLOYMENT AGENCIES

hereinafter specified shall be turned over to the municipal secretary for the purpose
of entering the names of such persons in the register provided for by this act:
Provided, That said list shall contain the name, age, civil status, barrio or sitio of
residence, and trade of the person registered, and whether such person is then
employed or unemployed: And provided further, That in municipalities where there
are free labor exchanges or employment agencies established as provided in section
two (e) of act numbered eighteen hundred and sixty-eight, [see post, Acts of 1917,
act No. 2711, sec. 2059 («)] the duties hereby imposed on the municipal secretary
shall be performed by the superintendent of said exchanges or agencies.
Sec . 3. Register to he 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 he 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
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 Act Numbered Two thousand
and ninety-eight, 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.— Revised administrative code of 1917
Section 2059. (p. 968) 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 created.1*— 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 Employ
ment 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 hereinafter 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:
(a)
To obtain full information as to the means of obtaining remunerative labor
for all persons requesting such work without reference to sex;

14 B y A ct N o. 15, A cts of 1931, the departm ent of labor w as created, separate and distinct from th e depart

m e n t of agriculture.

TEXT OF THE LAWS

(b) 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;
(d) 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;
(/) 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.
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.— Such 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 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 informed 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 no
tifies 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 declarations made.
Sec . 6 . Refusing employment.— That 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 fourteen and eighteen years
shall be registered on special forms which the agent shall prepare in agreement
with the Commissioner 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 exists 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,
136553°—-37------7

LAWS RELATING TO EMPLOYMENT AGENCIES

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 mis
demeanor and punished by a fine not to exceed five hundred (500) dollars, 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. 1 2 . Inspection.— The General Employment Agency and its branches shall
always be open to the inspection of the Commissioner of Agriculture and Labor.
Sec . 13. Definitions.— In this act, unless from the context thereof it is otherwise
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 1925
A ct No. 35
Section 51 (as amended 1930, No. 59).

Bureaus created.—
*
*
*
*
*
*
*
The Employment and Industrial Development Bureau shall consist of the
following personnel:
One Chief with such personnel as may be necessary to effectively operate the
General Employment Agency created by Act No. 51, approved July 14, 1923,
and to execute in like manner Joint Resolution No. 42, approved May 13, 1927,
creating the Industrial Office; and with authority and means to extend the activ
ities of this Bureau outside of Porto Rico through agents paid for their services;
and to execute any other laws which in connection with this service the Legislature
of Porto Rico may hereafter enact.
ACTS OF 1930
A ct No. 46.— Buruea 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 cooperation
with the personnel of the division of labor of the Department of Agriculture and
Labor of Puerto Rico.

TEXT OF THE LAWS

ACTS OF 1931
A ct N o. 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 personnel
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

(1157) Section 1 . Offices to be established.■— There shall be established and
maintained, under the care and direction of the commissioner of labor, in such
towns or cities as may be selected after proper investigation by said commis
sioner, free employment offices for the purpose of bringing together those who
seek employment and those who desire to employ.
(1158) Sec. 2 . Equipment and officers.'— The said commissioner is hereby
authorized and directed to organize in each city or town so selected, a free public
employment office which shall be provided with suitable rooms, furniture, and
equipment required for the transaction of the business provided for in this chapter,
and shall appoint such clerical asisstants as may be necessary for each of said
offices, to discharge, under the direction of said commissioner, the duties herein
after set forth, or which may be required by said commissioner in carrying out
the purpose of this chapter.
(1159) Sec. 3. Registers.'— It shall be the duty of said commissioner to receive
and record, in books suitably arranged, all applications from those seeking
employment and also from those seeking to employ, and to take such other action
as 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 required in conducting the office. Each office shall be plainly indicated by a
proper sign or signs.
(1160) Sec. 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.
(1161) Sec . 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 thirty days. Such fine or imprisonment shall
disqualify him from ever having further connection with said offices.
(1162) Sec . 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.
(1163) Sec. 7. Applications void, when.'—Every application for employment or
help made to a free public employment office shall become void after thirty days
from its receipt unless renewed by the applicant.
(1164) Sec. 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 enteprise; and nothing in this chapter shall be construed

LAWS RELATING TO EMPLOYMENT AGENCIES

to limit the term “ work” to manual occupation, but shall include professional
service, and all other legitimate service.
(1165) S e c . 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 applicantion 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.
(1166) S e c . 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.]
ACTS OF 1935
C hapter

2266

S e c t io n 1 .

Federal act accepted.— The State of Rhode Island accepts the pro
visions of the Wagner-Peyser Act, approved June 6 , 1933, entitled “ An act to
provide for the establishment of a national employment system and for coopera
tion with the states in the promotion of such system, and for other purposes,” in
conformity with section 4 thereof, and will observe and comply with the require
ments of said act.
S e c s . 2-4. State employment service; administration.— [The director of labor is
authorized to establish such public employment offices and to appoint such
officers and employees as he deems necessary.]
S e c s . 5, 6 . Funds; appropriation.-—[All Federal funds made available to the
State shall be paid into the general treasury for the use of the department of
labor, to be expended as provided in the above-mentioned act of Congress. The
general assembly shall appropriate the sums necessary to maintain public employ
ment offices, and for cooperating with the United States Employment Service.]
ACTS OF 1936
C hapter

2333.*— Unemployment Compensation Law

S e c t io n 10 (as amended 1937, ch. 2556). Administrative organization.— (1)
There is hereby created in the department of labor the Division of Unemployment
Compensation to be composed of three qualified electors of the state to be known
as the unemployment compensation board of Rhode Island, which board shall
be under the general supervision of the director of labor. One member of said
board shall be a representative of labor, one member shall be a representative of
industry and one member shall be a representative of the public generally. Not
more than two members of said board shall be of the same political party. * * *
(2) Each member of the board shall be paid a fixed monthly salary from the
unemployment compensation administration account, hereinafter provided for,
at the rate of six thousand dollars per year of service for the chairman and five
thousand dollars per year of service for each other member, by the general treas
urer, from sums allotted to said board by the general assembly, or by the Federal
Social Security Board, or other Federal agency.

(4) The board shall establish two co-ordinate sections: the unemployment
compensation section and the Rhode Island State employment service section
created pursuant to Section 11 of this Act. Each section shall be responsible
for the discharge of its distinctive function. Each section shall be a separate
administrative unit with respect to personnel, budget, and duties, except as the
board may find that such separation in local offices is impracticable because of the
small size of the territory served or the volume of work performed.
S e c . 11 (as amended 1937, ch. 2556). Administration.—
*
*
*
*
*
*
*
(4). The board is authorized, within its means, to appoint and fix the compen
sation of such officers, accountants and other persons as are necessary in the execu
tion of its functions. All positions in the administration of this act shall be filled
by persons selected and appointed on a non-partisan basis, under regulations of
the board. The board shall not employ or pay any person who is serving as an
officer or committee member of any political party organization or who is a mem
ber of the general assembly. The board shall fix the duties and powers of all
persons thus employed and may authorize any such person to do any act or acts

TEXT OF THE LAWS

which could lawfully be done by a member of the board. The boaid may in
its discretion bond any person handling moneys or signing checks hereunder.

sfc

(9) The provisions of chapter 2266 of the public law’s, passed at the May session,
1935, entitled “ An act creating a state system of public employment offices,”
are hereby affirmed and all duties in connection with the Wagner-Peyser Act in
relation to re-employment, including the establishment of employment offices,
are hereby vested in the unemployment compensation board; which board,
subject to other provisions of this Act, is hereby designated and constituted the
agency of this state for the purposes of said Wagner-Peyser Act, and said Chapter
2266 of the public laws passed at the May session, 1935, is hereby construed to
be amended insofar as it relates to the duties of the director of labor. All records
and property of such employment offices and the records and property of the divi
sion of state employment service shall upon passage of this act as amended be
come the records and property of the unemployment compensation board. All
persons employed in any capacity in such employment offices, or the division of
state employment service, shall continue and remain in such capacities in said
employment offices under direction of the unemployment compensation board;
provided, however, that said board may in its judgment, modify or create new
and additional duties for such employees, or for cause discharge such employees
and employ others in their stead in accordance with regulations prescribed by the
director of the United States employment service; and provided, further, that the
state budget director and comptroller is hereby authorized and directed to transfer
to the unemployment compensation administration account the unexpended
balances of all moneys heretofore appropriated for the purpose of maintaining
employment offices in the state of Rhode Island under authority of said chapter
2266 of the public laws.
S e c . 16 (as amended 1937, ch. 2556). Special account—
*
*
*
*
*
*
*
(3) A special “ employment service account” shall be maintained as a part of
said account, into which shall be paid such moneys as are made available by the
general assembly for the state employment service, together with such moneys
as may be allotted to the state for this purpose under the Wagner-Peyser Act, socalled, and such moneys as are apportioned for the purposes of this account from
any moneys received by this state under title III of the federal social security act
as amended.
SOUTH CAROLINA
ACTS OF 1936
A ct N o .

946.'— Unemployment Compensation Law

10. Administration.— (a) This Act shall be administered by the South
Carolina Unemployment Compensation Commission. * * *
(b)
There is hereby created under the South Carolina Unemployment Com
pensation Commission two coordinate divisions, the South Carolina state employ
ment service division created pursuant to section 12 of this Act, and a division to
be known as the unemployment compensation division, each of which shall be
administered by a full-time salaried director, who shall be subject to the super
vision and direction of the commission. Each division shall be responsible for the
discharge of its distinctive functions. Each division shall be a separate adminis
trative unit with respect to personnel, budget, and duties, except insofar as the
commission may find that such separation in the local offices is impracticable
because of the small size of the territory served or of the volume of work per
formed. The commission is authorized to appoint, fix the compensation of, and
prescribe the duties of the director of the unemployment compensation division,
provided that such appointment shall be made on a nonpartisan merit basis,
and to appoint, fix the compensation of and prescribe the duties of the director of
the South Carolina state employment service division in accordance with the
provisions of Section 12 of this Act. The salary of each director shall be not
more than three thousand ($3,000.00) dollars a year, such salaries to be payable
in monthly installments. The director of each division shall be responsible to
the commission for the administration of his particular division and shall have
such powers and authority as may be vested in him by the commission.
S e c . 11. Personnel.—
*
*
*
*
*
*
*
(d)
Subject to other provisions of this Act, the commission is authorized to
appoint, fix the compensation (subject to the approval of the State Budget ComS e c t io n

LAWS RELATING TO EMPLOYMENT AGENCIES

mission unless otherwise fixed by the General Assembly), and prescribe the duties
and powers of such officers, accountants, attorneys, experts and other persons as
may be necessary in the performance of its duties. All positions shall be filled by
persons selected and appointed on a nonpartisan merit basis. The commission
shall not employ or pay any person who is an officer or committee member of any
political party organization. The commission may delegate to any such person
so appointed such power and authority as it deems reasonable and proper for the
effective administration of this Act, and may in its discretion bond any person
handling monies or signing checks hereunder.
S e c . 1 2 . Employment service.— (a) The commission shall create a division to be
known as the South Carolina State Employment Service which shall establish
and maintain free public employment offices in such number and in such places as
may be necessary for the proper administration of this Act and for the purpose of
performing such duties as are within the purview of the Act of Congress, entitled
“ An Act to Provide for the Establishment of a National Employment System and
for Cooperation With the States in the Promotion of such System and for Other
Purposes,77 approved June 6, 1933, (48 Stat. 113, U. S. Code, Title 29 Section 49
(c)) as amended. Any existing free public employment offices maintained by the
State but not heretofore under the jurisdiction of the commission shall be trans
ferred to the jurisdiction of such division by July 1, 1936, and upon such transfer
all duties and powers conferred upon any other department, agency, or officer of
this State relating to the establishment, maintenance and operation of free public
employment offices shall be vested in said division. The said division shall be
administered by a full-time salaried director, who shall be charged with the duty to
cooperate with any official or agency of the United States having powers or duties
under the provisions of the said Act of Congress, as amended, and to do and per
form all things necessary to secure to this State the benefits of the said Act of
Congress, as amended, in the promotion and maintenance of a system of public
employment offices. The provisions of the said Act of Congress, as amended, are
hereby accepted by this State, in conformity with Section 4 of said Act, and this
State will observe and comply with the requirements thereof. The South Caro
lina State Employment Service division is hereby designated and constituted the
agency of this State for the purposes of said Act. The commission is directed to
appoint the director, other officers and employees of the South Carolina State
Employment Service. Such appointments shall be made in accordance with
regulations prescribed by the Director of the United States Employment Service.
(b) All monies received by this State under the said Act of Congress, as amend
ed, shall be paid into the special “ employment service account77 in the unemploy
ment compensation administration fund, and said monies are hereby made avail
able to the South Carolina State Employment Service to be expended as provided
by this Section and by said Act of Congress. For the purpose of establishing and
maintaining free public employment offices, said division is authorized to enter into
agreements with any political subdivision of this state or with any private, non
profit organization, and as a part of any such agreement the commission may ac
cept monies, services, or quarters as a contribution to the employment service
account.
S e c . 13. Employment service account.—

(b) A special “ employment service account77 shall be maintained as a part of
the unemployment compensation administration fund for the purpose o f main
taining the public employment offices established pursuant to Section 12 of this
Act and for the purpose of cooperating with the United States Employment
Service. There is hereby appropriated to the employment service account of the
unemployment compensation administration fund, from any money in the state
treasury not otherwise appropriated, on July 1, 1936, the sum of Thirty Thousand
($30,000.00) Dollars. In addition, there shall be paid into such account the
monies designated in Section 12 (b) of this Act, and such monies as are apportioned
for the purposes of this account from any monies received by this State under
Title III of the Social Security Act, as amended.
SOUTH DAKOTA
COM PILED LAWS, 1929
Free employment agencies
S e c t i o n 10126-A. S e c t i o n 1 . Employment service established.— The State Em
ployment 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

TEXT OF THE LAWS

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 disturb 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:
P r o v i d e d y That the county commissioners of any county may appropriate money
to aid in maintaining of free employment agents in connection with the State Free
Employment 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
which desire such service to use portion of the fund provided by the State to
assist in 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 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.
S e c . 10126-B . S e c . 2. Duties of agents.— The agents in charge of any of the
employment 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.
S e c . 10126-C. S e c . 3. Reports.— Each such agent shall make [to] the Com
missioner of Immigration such periodic reports of applications for labor or employ
ment and all other details of the office work of eaeh office, and the expense of
maintaining the same as the Commissioner may require.
S e c . 10126-D. S e c . 4. 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.
S e c . 10126-E. S e c . 5. Notices of strikes or lockouts.— An employer, or a repre
sentative 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
statement shall be posted in the employment office, but not until it has been
communicated 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
employment office of a vacancy or vacancies the officer in charge shall advise
any applicant for such vacancy or vacancies of the statements posted.
S e c . 10126-F. S e c . 6 . 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 expedi
ent, and take other steps that he may deem necessary to insure the success and
efficiency of such offices: Providedy That the expenditure under the provisions
shall not exceed 5 per cent of the total expenditure for the purpose of this act.
S e c . 10126-G. S e c . 7. Fees.— No fees direct or indirect shall in any case be
charged or received from those seeking the benefits of this act.
S e c . 10126-H. S e c . 8. 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 one hundred ($ 100 ) dollars 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.
S e c . 10126-1. S e c . 9. Publications.— The department shall publish a bulletin
in which shall be made public all possible information with regard to the state of

LAWS RELATING TO EMPLOYMENT AGENCIES

the labor market, including reports of the businesses of the various public
employment offices.
S e c . 10126-J. S e c . 10. Registration.— For the purposes specified in the fore
going 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 m a y
be required by the Commissioner of Immigration in order to afford the same infor
mation as that supplied by State offices. Such register shall be open to inspection
by the Commissioner of Immigration and information therefrom shall be furnished
to him at such times and in such form as he may require.
ACTS OF 1936 (SPECIAL SESSION ) 15
C hapter

3.— Unemployment compensation law

S e c t io n 10. Administrative organization.— (a) There is hereby created a com
mission to be known as the Unemployment Compensation Commission of South
Dakota. The commission shall consist of three members, who shall be appointed
by the Governor. * * *
(b)
The commission shall establish two coordinate divisions; the South Dakota
State employment service division created pursuant to section 12 of this Act,
and the unemployment compensation division. Each division shall be respon
sible for the discharge of its distinctive function. Each division shall be a separate
administrative unit with respect to personnel, budget, and duties, except insofar
as the commission may find that such separation is impracticable.
S e c . 11 . Personnel.—
*
*
*
*
*
*
*
(d)
Subject to other provisions of this Act, the commission is authorized to
appoint, fix the compensation, and prescribe the duties, and powers of such
officers, accountants, attorneys, experts, and other persons as may be necessary in
the performance of its duties. The commission may delegate to any such person
so appointed such power and authority as it deems reasonable and proper for the
effective administration of this Act, and may in its discretion bond any person
handling moneys or signing checks hereunder. The commission shall classify its
positions and shall establish salary schedules and minimum personnel standards
for the positions so classified. It shall provide for the holding of examinations
to determine the qualifications of applications for the positions so classified,
and, except for temporary appointments not to exceed six months in duration,
shall appoint its personnel on the basis of efficiency and fitness as determined in
such examinations. The commission shall not appoint or employ any person who
is an officer or committee member of any political party organization or who
holds or is a candidate for any elective public office. The commission shall
establish and enforce fair and reasonable regulations for appointments, promo
tions and demotions based upon ratings of efficiency and fitness and for termina
tion for cause.

Se c . 1 2 .

Employment service.— (a) The South Dakota State Employment
Service is hereby transferred to the commission, as a division thereof, which
shall establish and maintain free public employment offices in such number and
in such places as may be necessary for the proper administration of this Act
and for the purpose of performing such duties as are within the purview of the
Act of Congress entitled “ An Act to provide for the establishment of a national
employment system and for cooperation with the States in the promotion of such
system, and for other purposes” , approved June 6 , 1933 (48 Stat. 133 [113];
U. S. C. title 29, sec. 49 (c)), as amended. The said division shall be adminis
tered by a full-time salaried director who shall be charged with the duty to
cooperate with any official or agency of the United States having powers or duties
under the provisions of the said Act of Congress, as amended, and to do and
perform all things necessary to secure to this State the benefits of the said Act of
Congress, as amended, in the promotion and maintenance of a system of public
employment offices. The provisions of the said Act of Congress, as amended,
are hereby accepted by this State, in conformity with section 4 of said Act, and
this State will observe and comply with the requirements thereof. The South
Dakota State Employment Service division is hereby designated and constituted
the agency of this State for the purpose of said Act. The commission is directed
to appoint the director subject to the approval of the Director of the United
States Employment Service. Appointments of employees of the South Dakota

is Chapter 223. A cts of 1937, is subject to approval b y the people in N ovem ber 1938 and therefore is not in
effect.

TEXT OF THE LAWS

State Employment Service division shall be made by the director thereof in accord
ance with regulations prescribed by the Director of the United States Employment
Service.
(b)
All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
unemployment compensation administration fund, and said moneys are hereby
made available to the South Dakota State Employment Service to be expended
as provided by this section and by said Act of Congress. For the purpose of
establishing and maintaining free public employment offices, said division is
authorized to enter into agreements with any political sub-division of this State
or with any private, non-profit organization, and as a part of any such agreement
the commission may accept moneys, services, or quarters as a contribution to the
employment service account.
S e c . 13. Employment service account.—
*
*
*
*
*
*
*
(b) A special “ employment service account” shall be maintained as a part of
the unemployment compensation administration fund for the purpose of main
taining the public employment offices established pursuant to section 12 of this
Act and for the purpose of cooperating with the United States Employment
Service. There is hereby transferred to the employment service account of the
unemployment compensation administration fund all unexpended funds remain
ing of the amount heretofore appropriated under the provisions of Chapter 40
of the 1935 Session Laws, and there is hereby appropriated from any money in
the State treasury not otherwise appropriated, the sum of $26,000.00 for the fiscal
year ending June 30, 1938, and annually thereafter the sum of $26,000.00. In
addition, there shall be paid into such account the moneys designated in Section
12 (b) of this Act, and such moneys as are apportioned for the purposes of this
account from any moneys received by this State under title III of the Social
Security Act, as amended.
TENNESSEE
ACTS OF 1936 (SECOND SPECIAL SESSION)
A ct N o . 1 .—

Unemployment compensation law

S e c t io n 10 (as amended 1937, ch. 128). Administration.— (a) There is hereby
created in the Department of Labor a division to be known as the Unemployment
Compensation division, which shall be administered by a full-time salaried
director, who shall be subject to the supervision and direction of the Commis
sioner of Labor. The Commissioner is authorized to appoint, fix the compensa
tion of, and prescribe the duties of such director, provided that such appointment
shall be made on a nonpartisan, merit basis.
(b) There is hereby established in the unemployment compensation division,
two coordinate sections, the Tennessee State Employment Service Section, created
pursuant to section 12 of this Act, and the Unemployment Compensation section.
Each section shall be responsible for the discharge of its distinctive functions.
Each section shall be a separate administrative unit with respect to personnel,
budget, and duties, except insofar as the Commissioner may find that such
separation is impracticable.
S e c . 11 (as amended 1937, ch. 128). Duties of commissioner.— (a) It shall be
the duty of the Commissioner to administer this Act; and he shall have power and
authority to adopt, amend, or rescind such rules and regulations, to employ such
persons, make such expenditures, require such reports, make such investigations,
and take such other action as he deems necessary or suitable to that end.

sfc

(d) Subject to other provisions of this Act, the Commissioner is authorized to
appoint, fix the compensation and prescribe the duties and powers of such offi
cers, accountants, attorneys, experts, and other persons as may be necessary in the
performance of his duties. All positions shall be filled by persons selected and
appointed on a nonpartisan merit basis. The Commissioner shall classify the
positions and shall establish salary schedules and minimum personnel standards
for the positions so classified. He shall provide for the holding of examinations
to determine the qualifications of applicants for the positions so classified, and,
except for temporary appointments not to exceed six months in duration, shall
appoint the personnel on the basis of efficiency and fitness as determined in such
examinations. The Commissioner shall not appoint or employ any person who
is an officer or committee member of any political party organization or who holds

100

LAWS RELATING TO EMPLOYMENT AGENCIES

or is a candidate for any elective public office. The Commissioner shall estab
lish and enforce fair and reasonable regulations for appointments, promotions
and demotions based upon ratings of efficiency and fitness and for terminations for
cause. The Commissioner may delegate to any such person so appointed such
power and authority as he deems reasonable and proper for the effective adminis
tration of this Act, and may in his discretion bond any person handling moneys or
signing checks or warrants hereunder. These examination provisions shall be in
effect until this State shall have adopted an acceptable merit rating system.
S e c . 12 (as amended 1937, ch. 128).
(a) The Tennessee State Employment
Service is hereby transferred to the Unemployment Compensation Division of
the Department of Labor as a section thereof. The Commissioner of Labor shall
establish and maintain free public employment offices in such number and in such
places as may be necessary for the proper administration of this Act and for the
purpose of performing such duties as are within the purview of the Act of Congress
entitled “ An Act to provide for the establishment of a national employment
system and for cooperation with the States in promotion of such system, and for
other purposes” , approved June 6 , 1933 (48 Stat. 113, U. S. C. title 29, Sec. 49 (c)),
as amended. The said section shall be administered by a full-time salaried direc
tor. It shall be the duty of the Commissioner to cooperate with any official or
agency of the United States having powers or duties under the provisions of the
said Act of Congress, as amended, and to do and perform all things necessary to
secure to this State the benefits of the said Act of Congress, as amended, in the
promotion and maintenance of a system of public employment offices. The
provisions of the said Act of Congress, as amended, are hereby accepted by this
State, in conformity with Section 4 of said Act, and this State will observe and
comply with the requirements thereof. The Tennessee State Department of
Labor is hereby designated and constituted the agency of this State for the purpose
of said Act. The Commissioner is directed to appoint the director, other officers,
and employees of the Tennessee State Employment Service. Such appointments
shall be made in accordance with regulations prescribed by the Director of the
United States Employment Service.
(b) All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
unemployment compensation administration fund, and said moneys are hereby
made available to the Commissioner of Labor to be expended as provided by this
section and by said Act of Congress. For the purpose of establishing and main
taining free public employment offices, said Commissioner is authorized to enter
into agreements with any political subdivision of this State or with any private
nonprofit organization, and as a part of any such agreement the Commissioner
may accept moneys, services, or quarters as a contribution to the employment
service account.
S e c . 13 (as amended 1937, ch. 128).
Employment service account.—

ACTS OF 1936 (T H IR D SPECIAL SESSION)
C hapter

482.— Unemployment compensation law

S e c t io n 10. Administrative organization.— (a) There is hereby created a
Commission to be known as the Texas Unemployment Compensation Commis
sion. The Commission shall consist of three (3) members, one of whom shall be a
representative of labor, one of whom shall be a representative of employers, and
one of whom shall be impartial and shall represent the public generally. Each
of the three (3) members of the Commission shall be appointed by the Governor
immediately after the effective date of this Act or after any vacancy occurs in
the membership of the Commission. During his term of membership on the
Commission, no member shall engage in any other business, vocation or employ-

101

TEXT OF THE LAWS

ment. Each member shall hold office for a term of six (6) years, except that
( 1 ) any member appointed to fill a vacancy occurring prior to the expiration of
the term for which his predecessor was appointed for the remainder of such term;
and ( 2) the terms of office of the members first taking office after the date of
enactment of this Act shall expire, as designated by the Governor at the time of
appointment, one at the end of two (2) years, one at the end of four (4) years,
and one at the end of six (6) years after the date of his appointment.
(b) The Chairman of the Texas Unemployment Compensation Commission
shall be the impartial member of the Commission, and shall in addition serve as
the executive director of all divisions of the Texas Unemployment Compensation
Commission.
(c) The Commission shall establish two coordinate divisions; the Texas State
Employment Service Division pursuant to Section 12 of this Act, and the Unem
ployment Compensation Division. Each division shall be responsible for the
discharge of its distinctive functions. Each division shall be a separate adminis
trative unit with respect to personnel, budget, and duties, except in so far as the
Commission may find that such separation is impracticable.
(d) The Chairman of the Texas Unemployment Compensation Commission and
executive director shall be paid from the Unemployment Compensation Adminis
tration Fund a fixed monthly salary at the rate of Seventy Five Hundred
($7,500.00) Dollars per year, and each of the other two (2 ) Commissioners shall
from the same fund be paid a fixed monthly salary at the rate of Five Thousand
($5,000.00) Dollars per year. From and after September 1 , 1937, any sums of
money paid by the State out of State funds as salaries paid the Commission shall
be fixed in the regular departmental appropriation bill of the State of Texas.
*
*
*
*
*
*
*
(f)
No person shall ever be employed by the Unemployment Compensation
Commission who is not at the time of his employment a bona fide citizen of the
State of Texas or who will not have been a bona fide citizen of the State of Texas
for at least five (5) consecutive years immediately next preceding the date of
employment.
S e c . 11. Administration.—

(d) Subject to other provisions of this Act, the Commission is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such
officers, accountants, attorneys, experts, and other persons as may be necessary in
the performance of its duties. The Commission shall not employ or pay any
person who is an officer or committee member of any political party organization.
The Commission may delegate to any such person so appointed such power and
authority as it deems reasonable and proper for the effective administration of
this Act, and may, in its discretion, bond any person handling moneys or signing
checks hereunder.
*
*
*
*
*
*
*
S e c . 12 (as amended 1937, H. B. 586). Employment service.— (a) Texas State
Employment Service, as provided for under Act of the Forty-fourth Legislature,
Regular Session, Chapter 236, page 552, is hereby transferred to the Commission
as a division thereof. The Commission, through such division, shall establish
and maintain free public employment offices in such number and in such places
as may be necessary for the proper administration of this Act, and for purposes
of performing such duties, as are within the purview of the Act of Congress entitled
“ An Act to provide for the establishment of a national employment system and
for cooperation with the States in the promotion of such system and for other
purposes,” approved June 6 , 1933 (48 Stat. 113; U. S. C., Title 29, Section 49 (c))
as amended. It shall be the duty of the Commission to cooperate with any official
or agency of the United States having powers or duties under the provisions of the
said Act of Congress, as amended, and to do and perform all things necessary to
secure to this State the benefits of the said Act of Congress, as amended, in the
promotion and maintenance of a system of public employment offices. The pro
visions of the said Act of Congress, as amended, are hereby accepted by this
State in conformity with Section 4 of said Act, and this State will observe and
comply with the requirements thereof. The Texas Unemployment Compensation
Commission is hereby designated and constituted the agency of this State for the
purposes of said Act. The Director, other officers and employees of the Texas
State Employment Service shall be appointed by the Commission in accordance
with regulations prescribed by the Director of the United States Employment
Service.

102

LAWS RELATING TO EMPLOYMENT AGENCIES

(b) All monies received by this State under the said Act of Congress, as amended,
shall be paid into the special “ Employment Service Account” in the Unemploy
ment Compensation Administration Fund, and said monies are hereby made
available to the Texas Unemployment Compensation Commission to be expended
as provided by this Section and by said Act of Congress, and any unexpended
balance of funds appropriated or allocated either by the State of Texas or the
Federal Government to the Texas State Employment Service as a division of the
Bureau of Labor Statistics, is hereby, upon the passage of this Act, transferred to
the special “ Employment Service Account” in the Unemployment Compensation
Administration Fund. For the purpose of establishing and maintaining free
public employment offices, the Commission is authorized to enter into agreements
with any political subdivision of this State or with any private, and/or nonprofit
organization, and as a part of any such agreement the Commission may accept
monies, services, or quarters as a contribution to the special “ Employment
Service Account.”
(c) In the event that this Act, or any section thereof, in so far as the same shall
affect the Texas State Employment Service, shall be held or declared unconstitu
tional or invalid, then in that event Chapter 236, page 552, Acts of the Regular
Session of the Forty-fourth Legislature establishing the Texas State Employment
Service shall be and remain in full force and effect as it was prior to the passage of
this Act.
Sec. 13 (as amended 1937, H. B. 586). Employment service account.—
*
*
*
*
*
*
*
(b) A special “ Employment Service Account” shall be maintained as a part of
the Unemployment Compensation Administration Fund for the purpose of main
taining the public employment offices established pursuant to Section 12 of this
Act and for the purpose of cooperating with the United States Employment Serv
ice. There shall be paid into such account the monies designated in Section 12 (b)
of this Act, and such monies as are apportioned for the purposes of this account
from any monies received by this State under Title III of the Social Security Act,
as amended.

UTAH
REVISED STATUTES 1933
Industrial commission
S e c t io n 42-1 -16. Powers of commission.— It shall be the duty of the com
mission and it shall have full power, jurisdiction and authority:
*
*
*
*
*
*
*
(6 ) To establish and conduct free employment agencies, and license, supervise
and regulate private employment offices and to bring together 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 statistical and other information relating to
employees, employers, employments, and places of employment and such other
statistics as it may deem proper;
*
*
*
*
*
*
*

ACTS OF 1936 (SPECIAL SESSION)
C h a p t e k 1 .—

Unemployment compensation law

S e c t io n 10. Administrative division.— (a) There is hereby created in the de
partment of the industrial commission of Utah two coordinate divisions— the
Utah state employment service division, created pursuant to section 12 of this
act, and a division to be known as the unemployment compensation division,
each of which shall be administered by a full-time salaried director, who shall be
subject to the supervision and direction of the industrial commission of Utah.
Each division shall be responsible for the discharge of its distinctive functions.
Each division shall be a separate administrative unit with respect to personnel,
budget, and duties, except insofar as the industrial commission may find that
such separation is impracticable. The industrial commission is authorized to
appoint, fix the compensation of, and prescribe the duties of the director of the
unemployment compensation division; provided, that such appointment shall be
made on a nonpartisan merit basis, and to appoint, fix the compensation of, and

TEXT OF THE LAWS

103

prescribe the duties of the director of the Utah state employment service division
in accordance with the provisions of section 12 of this act*
(b) Any two commissioners shall constitute a quorum. No vacancy shall
impair the right of the remaining commissioners to exercise all the powers of the
commission.
S e c . 11 (as amended 1937, ch. 43). Administration.—
*
*
*
*
*
*
*
(d)
Subject to other provisions of this act, the commission is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such officers,
accountants, attorneys, experts, and other persons as may be necessary in the
performance of its duties. The commission shall have the power and it shall be
its duty to classify and to fix the minimum standards for the personnel and to
formulate salary schedules for the service so classified, and the commission shall
hold or provide for holding examinations to determine the technical and profes
sional qualifications of applicants for positions in the commission, and provide for
annual merit ratings of employees in the commission to ascertain whether such
employees, or any of them, are maintaining the eligibility standards prescribed
by the commission. The commission shall not employ or pay any person who is
an officer or committee member of any political party organization. The com
mission may delegate to any such person so appointed such power and authority
as it deems reasonable and proper for the effective administration of this act, and
may in its discretion bond any person handling monies or signing checks hereunder.
*
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S e c . 12 (as amended 1937, ch. 43). Employment service.— (a) The commission
shall create a division to be known as the Utah State Employment Service. The
commission through such division shall establish and maintain free public employ
ment offices in such number and in such places as may be necessary for the proper
administration of this act and for the purpose of performing such duties as are
within the purview of the act of congress, entitled “ an act to provide for the
establishment of a national employment system and for cooperation with the
states in the promotion of such system, and for other purposes/' approved June 6 ,
1933. (48 Stat. 113, U. S. Code, title 29, section 49 (c)) as amended. It shall be
the duty of the commission to cooperate with any official or agency of the United
States having powers or duties under the provisions of the said act of congress, as
amended, and to do and perform all things necessary to secure to this state the
benefits of the said act of congress, as amended, in the promotion and mainte
nance of public employment offices. The provisions of the said act of congress,
as amended, are hereby accepted by this state, in conformity with section 4 of
said act, and this state will observe and comply with the requirements thereof.
The Utah state employment service division is hereby designated and constituted
the agency of this state for the purposes of said act. The commission is directed
to appoint the director and other officers and employees of the Utah state employ
ment service. Such appointments shall be made in accordance with regulations
prescribed by the director o'f the United States employment service.
(b) All monies received by this state under the said act of congress, as amended,
shall be paid into the special employment service account in the unemployment
compensation administration fund, and said monies are hereby made available to
the Utah state employment service to be expended as provided by this section
and by section 13 of this act, and by said act of congress. For the purpose of
establishing and maintaining free public employment offices, said division is
authorized to enter into agreements with any political subdivision of this state
or with any private, nonprofit organization, and as a part of any such agreement
the commission may accept monies, services, or quarters as a contribution to the
employment service account.
S e c . 13 (as amended 1937, ch. 43). Employment service account.—
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(b) A special employment service account shall be maintained as a part of
the unemployment compensation administration fund for the purpose of main
taining the public employment offices established pursuant to section 12 of this
act and for the purpose of cooperating with the United States employment
service.
There is hereby appropriated to the employment service account of the unem
ployment compensation administration fund from any money in the State treasury
not otherwise appropriated, the sum of $24,601.92 for the period from July 1,
1937, to June 30, 1939, inclusive, and thereafter such sums biannually [biennially]
as may be necessary to the proper administration of the employment service.
In addition, there shall be paid into such account the monies designated in section

LAWS RELATING TO EMPLOYMENT AGENCIES

104

12 (b) of this act and such monies as are apportioned for the purpose of this
account from any monies received by this State under Title III of the social
security act, as amended.
*

VERMONT
ACTS OF 1935, No. 164
S e c t io n 1. Federal act accepted.— The state of Vermont hereby accepts the
provisions of the act of Congress approved June 6 , 1933, entitled “ An act to
provide for the establishment of a national employment system and for coopera
tion with the States in the promotion of such system, and for other purposes.”
S e c . 2 (as amended 1936, Act No. 1, sec. 11). Cooperating Agency.— The
office of the Vermont unemployment compensation commission is hereby desig
nated and constituted the agency of the state of Vermont for the purpose of such
act, with full power to cooperate with all authorities of the United States having
powers or duties under such act and to do and perform all things necessary to
secure to the state of Vermont the benefits of such act in the promotion and
maintenance of a system of public employment offices.
S e c . 3 (as amended 1936, Act No. 1 , sec. 11). Regulations.— There is hereby
created under the direction of the Vermont unemployment compensation com
mission, a division to be known as the Vermont State Employment Service,
responsible for administering a system of public employment offices for the
purpose of assisting employers to secure employees and workers to secure employ
ment. Said commission is authorized and directed to establish such offices in
such parts of the state as he deems necessary, and to prescribe rules and regula
tions not inconsistent with any of the provisions of this act. He shall appoint the
director, assistants and other employees of the Vermont State Employment
Service in accordance with the regulations prescribed by the Director of the
United States Employment Service.
S e c . 4. Duty of State treasurer.— The state treasurer is hereby authorized to
receive, on behalf of the state of Vermont, all funds granted to the state of Vermont
under authority of said act.
S e c . 5 (as amended 1936, Act No. 1, sec. 11). Appropriation.— There is
hereby annually appropriated a sum equal to such sum as may be apportioned to
the state of Vermont by the federal government under the terms of the act of
Congress referred to in section 1 of this act, but the sum so appropriated shall not
exceed ten thousand dollars in any fiscal year. The moneys so appropriated,
together with the moneys received from the federal government, shall be expended
by the Vermont unemployment compensation commission in the establishment
and maintenance in the state of a system of public employment offices and in
cooperating with the United States employment service in conformity with the
provisions of said act of Congress.
S e c . 6 . Termination.— This act may be terminated by the Governor at any
time, upon notice to the United States Department of Labor, when in his judgment
the need for the same no longer exists. Provided, however, that such notice of
termination shall not be effective until the close of the United States fiscal year
in which the notice is given.
S e c . 7. Repeal.— Sections 6599, 6600, 6601 and 6602 of the Public Laws are
hereby repealed.

ACTS OF 1936 (SECOND SPECIAL SESSION)
A ct N o . 1.—

Unemployment compensation law

S e c t io n 9. Administrative organization.— (a) There is hereby created a
commission of three members, to be known as the Vermont unemployment com
pensation commission. The members of the commission shall be appointed by
the governor, with the advice and consent of the senate.
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(d) The commission shall establish two division: The Vermont state employ
ment service division created by No. 164 of the Acts of 1935, and the unem
ployment compensation division. Each division shall be responsible for the
discharge of its distinctive function. Each division shall be so far as practicable
a separate administrative unit with respect to personnel, budget, and duties.

TEXT OF THE LAWS

105

Sec. 10 (as amended 1937, No. 171). Personnel.—
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(c)
Subject to other provisions of this act, the commission is authorized to
appoint, fix the salary or wages, and prescribe the duties and powers of such
officers, accountants, attorneys and employees as may be necessary in the per
formance of its duties. The commission may delegate to any such person so
appointed such power and authority as it deems reasonable and proper for the
effective administration of this act, and may in its discretion bond any person
handling moneys or signing checks hereunder. The commission shall classify its
positions and shall establish salary schedules and minimum personnel standards
for the positions so classified.
S e c . 11. Employment service— The Vermont employment service created by
No. 164 of the Acts of 1935 shall be under the direction and control of the Vermont
unemployment compensation commission. Sections 2 , 3 and 5 of said act are
hereby amended so that wherever the words “ commissioner of finance” appear
the words “ Vermont unemployment compensation commission” shall be sub
stituted therefor, and whenever the word “ commissioner” appears the word
“ commission” shall be substituted therefor.
S e c . 12. Employment service account.—
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*
(b) All moneys heretofore or hereafter made available by or received by the
state for the state employment service as provided in No. 164 of the Acts of 1935,
except as heretofore expended, shall be paid to and expended from the unemploy
ment* compensation administration fund, and a special employment service ac
count shall be maintained for that purpose as a part of said fund. For the purpose
of establishing and maintaining free public employment offices, the commission
is authorized to enter into agreements with any political subdivision of this state
or with any private, nonprofit organization, and as a part of any such agreement
the commission may accept moneys, services, or quarters as a contribution to the
employment service account.
VIRGINIA
CODE, 1930
C hapteb

76C.— Free public employment offices

1887 (86 ). Bureau created.— In order to promote the establishment and
maintenance of free employment offices for men, women, and minors who are
legally qualified, 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.
S e c . 1887 (87). Duty of commissioner of labor.— It shall be the duty of the com
missioner 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.
S e c . 1887 (88). Information to be public.— Said employment bureau shall make
ublic through the newspapers and other media, information as to situations it may
ave 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
information of the general assembly such facts as in its opinion may make further
legislation desirable.
S e c t io n

106

L A W S R E L A T I N G T O E M P L O Y M E N T A G E N C IE S

S e c . 1887 (89). Federal cooperation.— The commissioner of labor is hereby au
thorized 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 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 employ
ment 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.
S e c . 1887 (90). 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.
S e c . 1887 (91). 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
otherwise appropriated, the sum of twenty-five hundred dollars 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 two thousand five hundred dollars per annum.
S e c . 1887 (92). Farm labor.— Provided that the established agency [shall] be
directed to cooperate with the local county agricultural farmer agents and farmers'
organizations in ascertaining needs of labor and distribution among farming
classes.
ACTS OF 1933 (SPECIAL SESSION)
C hapter

S e c t io n 1 .

Federal act accepted.— The provisions of an act, passed by the Con
gress of the United States and approved by the President on June sixth, nineteen
hundred and thirty-three, entitled “ an act to provide for the establishment of a
national employment system and for co-operation with the states in the promo
tion of such system, and for other purposes,” are hereby accepted by and on
behalf of the Commonwealth of Virginia.
S e c . 2. Co-operating agency.— The Department of Labor and Industry, through
the free employment bureau of the said department, is hereby designated as the
State agency, and vested with all powers necessary, to co-operate with the United
States Employment Service in accordance with the terms and conditions expressed
in the act referred to in the preceding section.
S e c s . 3, 4. Federal funds; appropriation.— [The Treasurer of the State is
authorized to receive all grants of money apportioned to the Commonwealth
under the above-mentioned act, and all funds so received are specifically appro
priated for the purposes for which they are granted. The State appropriated the
sum of $1,000 for carrying out the act between Sept. 1, 1933, and June 30, 1934.]
ACTS OF 1936 (SPECIAL SESSION)
C h a p t e r 1 .—

Unemployment compensation law

S e c t io n 10. Administration.— (a) There is hereby created a commission, to be
known as the Unemployment Compensation Commission of Virginia. The com
mission shall consist of the Commissioner of Labor and two members who shall be
appointed by the Governor, subject to confirmation by the General Assembly, if
in session when such appointment is made, and if not in session, then at its next
succeeding session.
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(c) The commission shall establish two coordinate divisions: the Virginia
State Employment Service, created pursuant to section twelve of this act, and
the Unemployment Compensation Division. Each division shall be responsible
for the discharge of its distinctive functions. Each division shall be a separate
administrative unit, with respect to personnel, budget, and duties, except in so
far as the commission may find that such separation is impracticable.
S e c . 11. Administration.— (a) It shall be the duty of the commission to ad
minister this act; and it shall have power and authority to adopt, amend, or

TEXT OF THE LAWS

107

rescind such rules and regulations, to employ such persons, make such expendi
tures, require such reports, make such investigations, and take such other action
as it deems necessary or suitable to that end. Such rules and regulations shall be
effective upon publication in the manner, not inconsistent with the provisions of
this act, which the commission shall prescribe.

(d)
Subject to other provisions of this act, the commission is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such officers,
accountants, experts, and other persons as may be necessary in the performance
of its duties. All positions shall be filled by persons selected and appointed on a
nonpartisan merit basis. All salaries or remunerations in excess of one thousand
dollars per annum shall first be approved by the Governor. The commission
may delegate to any such person so appointed such power and authority as it
deems reasonable and proper for the effective administration of this act, and may
in its discretion require bond, payable to the State, from any person handling
moneys or signing checks hereunder.

(1)
In the administration of this act, the commission shall cooperate to the
fullest extent consistent with the provisions of this act, with the Social Security
Board, created by the Social Security Act; shall make such reports, in such form
and containing such information as the Social Security Board may from time to
time require, and shall comply with such provisions as the Social Security Board
may from time to time find necessary to assure the correctness and verification
of such reports, and shall comply with the regulations prescribed by the Social
Security Board governing the expenditures of such sums as may be allotted and
paid to this State under Title III of the Social Security Act for the purpose of
assisting in the administration of this act.
Upon request therefor, the commission shall furnish to any agency of the United
States charged with the administration of public works or assistance through
public employment, the name, address, ordinary occupation, and employment
status of each recipient of benefits and such recipient’s rights to further benefits
under this act.
Sec . 12. Employment service.— (a) All rights, powers and duties heretofore
vested in the Department of Labor and Industry, the free employment bureau
of the said department, and in the Commissioner of Labor, with respect to the
establishment, maintenance and operation of free employment offices in this
State, are hereby transferred to and vested in the commission, which shall possess,
exercise and perform the same through a division known as the Virginia State
Employment Service. The Commissioner of Labor, as a member of the commis
sion, shall be the chief executive officer of the Virginia State Employment Service
and shall have such supervision and control over the same as the commission
shall prescribe. The commission through the division shall establish and main
tain free public employment offices in such number and in such places as may be
necessary for the proper administration of this act. The provisions of an act
passed by the Congress of the United States and approved on June sixth, nineteen
hundred and thirty-three, entitled “ An act to provide for the establishment of a
national employment system and for cooperation with the states in the promotion
of such system, and for other purposes,” having heretofore been accepted by and
on behalf of this State, the commission, through the Virginia State Employment
Service, is hereby designated, in lieu of the Department of Labor and Industry
through the free employment bureau thereof, as the State agency and vested with
all powers necessary, to cooperate with the United States Employment Service
in accordance with the terms and conditions expressed in said act of the Congress
of the United States herein referred to.
(b) The Treasurer of Virginia is hereby authorized and empowered to receive
all grants of money apportioned to this State under the act of the Congress of the
United States referred to in the next preceding paragraph of this act. All such
funds so received shall be paid into the separate employment service account in
the unemployment compensation administration fund, and are hereby specifically
appropriated to the commission for the purpose or purposes for which they are
granted unto this State. The disposition and control of all unexpended appro
priations standing to the credit of the Department of Labor and Industry for the
maintenance of public employment service is hereby transferred to and vested in
the commission, to be credited by the Comptroller to the said employment service
account in the unemployment compensation administration fund.

136553*—-37---- 8

LAWS RELATING TO EMPLOYMENT AGENCIES

108

Sec. 13. Funds.— (a) There is hereby created in the State treasury, a special
fund to be known as the unemployment compensation administration fund. All
moneys which are deposited or paid into this fund are hereby appropriated and
made available to the commission. All moneys in this fund shall be expended
solely for the purpose of defraying the cost of the administration of this act and
for no other purpose whatsoever. The fund shall consist of all moneys appro
priated by this State, and all moneys received from the United States of America,
or any agency thereof, including the Social Security Board and the United States
Employment Service, or from any other source, for such purpose.
(b) A special employment service account shall be maintained as a part of the
unemployment compensation administration fund for the purpose of maintaining
the public employment offices established pursuant to section twelve of this act,
and for the purpose of cooperating with the United States Employment Service.
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$
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WASHINGTON

ACTS OF 1937
C hapter 162.— Unemployment compensation law
Section 10. Administrative organization.— There is hereby created in the
Department of Social Security two co-ordinate divisions to be known as (a) the
unemployment compensation division, which shall be administered by a full time
salaried supervisor, and (b) the Washington State Employment Service Division;
each of which shall be under a supervisor who shall be an assistant to the director
of the department and shall be appointed by him. Each division shall be respon
sible to the director for the dispatch of its distinctive functions. Each division
shall be a separate administrative unit with respect to personnel, budget and
duties, except insofar as the director may find that such separation is impracticable.
The director is authorized to appoint, fix the compensation of, and prescribe the
duties of the staff of the Washington State Unemployment Compensation Divi
sion: Provided, That such appointments shall be made on a non-partisan merit
basis, and to appoint, fix the compensation of and prescribe the duties of the staff
of the Washington State Employment Service Division in accordance with tho
provisions of Section 12 of this Act.
Sec. 11. Administration.—
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(e)
Subject to other provisions of this Act, the director is authorized to appoint,
fix the compensation, and prescribe the duties and powers of such officers, account
ants, experts, and other persons as may be necessary to carry out this Act. The
director may delegate to any such person so appointed such power and authority
as he deems reasonable and proper for the effective administration of this Act, and
may in his discretion bond any person handling moneys or signing checks
hereunder.
The director shall classify positions and shall establish salary schedules and
minimum personnel standards for the positions so classified. The director shall
not appoint or employ any person who is an officer or committee member of any
political party organization or who holds or is a candidate for any elective public
office.

Sec. 1 2 . Employment service.— (a) The Washington State Employment Service

Division is hereby set up in State Department of Social Security as a division
thereof, which shall establish and maintain free public employment offices in such
number and in such places as may be necessary for the proper administration of
this Act and for the purpose of performing such duties as are within the purview
of the Act of Congress entitled “ An Act to provide for the establishment of a
national employment system and for cooperation with the States in the promotion
of such system and for other purposes” , approved June 6 , 1933, (48 Stat. 113;
U. S. C., Title 29, Sec. 49 (c)), as amended. The director shall be charged with
the duty to cooperate with any official or agency of the United States having
powers or duties under the provisions of the said Act of Congress, as amended
and to do and perform all things necessary to secure to this State the benefits of
the said Act of Congress, as amended, in the promotion and maintenance of a
system of public employment offices. The provisions of the said Act of Congress,
as amended, are hereby accepted by this State, in conformity with section 4 of
said Act, and this State will observe and comply with the requirements thereof.

TEXT OF THE LAWS

109

The State Department of Social Security through the Washington State Employ
ment Service Division is hereby designated and constituted the agency of this
State for the purpose of said Act. The director oi the State Department of Social
Security shall appoint the officers and employees of the Washington State Employ
ment Service Division. Such appointments shall be made in accordance with
regulations prescribed by the Director of the United States Employment Service.
(b) All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
State Treasury, and said moneys are hereby made available to the Washington
State Employment Service Division to be expended as provided by this section
and by said Act of Congress. For the purpose of establishing and maintaining
free public employment offices, the director is authorized to enter into agreements
with any political subdivision of this State or with any private, non-profit organi
zation, and as a part of any such agreement the director may accept moneys,
services, or quarters as a contribution to the employment service account.
Sec. 13. Employment service account.—
^

»{e

sfc

sje

(b) A special “ employment service account” shall be maintained in the State
Treasury for the purpose of maintaining the public employment offices established
pursuant to section 12 of this Act and for the purposes of cooperating with the
United States Employment Service. There is hereby appropriated to the em
ployment service account from any money in the State Treasury not otherwise
appropriated the sum of $400,000.00. In addition there shall be paid into such
account the moneys designated in section 12 (b) of this Act, and such moneys as
are appropriated for the purposes of this account from any moneys received by
this State unaer title III of the Social Security Act, as amended.
WEST VIRGINIA
ACTS OF 1936 (SECOND SPECIAL SESSION)
C hapter 1 .— Unemployment compensation law
A rticle 1
Section 4. Administration.— There is created a Department of Unemploy

ment Compensation, composed of a division of unemployment compensation and
a division of employment service, and such other division or units as the director
determines to be necessary.
Sec. 5. Federal-State cooperation.— The department shall cooperate with the
Social Security Board of the federal government, similar agencies of the several
states, and such other agencies as are concerned with the problem of employment
security and public assistance and relief.
Sec. 7. Division of State employment service.— The “ State Public Employment
Agency” now maintained in the department of labor shall be transferred on
January one, one thousand nine hundred thirty-seven, and shall be made the
State Employment Service Division of the department of unemployment com
pensation.
A rticle 2
Section 1 . Director of unemployment compensation.— The department shall be
in charge of a director of unemployment compensation. The director shall be
appointed by the Governor, by and with the advice and consent of the Senate,
for a term of six years and shall hold his office subject to the will and pleasure of
the Governor.
Sec. 2 . Qualifications.— The director shall be selected with special reference to
his training, experience, and capacity.
He shall not be a candidate for or hold any other public office or trust, nor shall
he be a member of a political committee. If he becomes a candidate for a public
office or becomes a member of a political committee, his office as director shall be
immediately vacated. He shall devote his entire time to the duties of his office.
Sec. 6 (as amended 1937, ch. 100). Powers of the director.— The director shall
be the executive and administrative head of the department and shall have the
power and duty to:
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(4) Prescribe the qualifications of, appoint, remove, and fix the compensation
of the officers and employees of the department.
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110

LAWS RELATING TO EMPLOYMENT AGENCIES

(10) Prescribe a salary scale to govern compensation of appointees and em
ployees of the department.
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S e c . 7 (as amended 1937, ch. 100). Divisions within the Department.— The
director shall establish within the department the division of unemployment
compensation, and the division of employment service and such other divisions
as will promote efficiency and economy in administration. Each division shall
be a separate administrative division with respect to personnel, budget and duties,
except insofar as the director may find that such separation is impracticable.
S e c . 8 . Exceptions.— The provisions of sections nine to twelve of this article
shall not apply to assistants and employees in the Employment Service division
so as to reduce in any way the standards and requirements of the act of Congress
entitled “ An act to provide for the establishment of a national employment sys
tem and for cooperation with states in the promotion of such system, and for other
purposes” approved June six, one thousand nine hundred thirty-three, as amended;
but wherever the provisions of this article impose a higher standard, compliance
of employment service employees shall be required.
S e c . 15. State Employment Service.— The director shall appoint upon a non
partisan merit basis the head of the division of the employment service and shall
fix his salary and prescribe his duties, in accordance with the requirements of
section eight of this article.
S e c . 16. Employment Offices.— The director shall establish and maintain free
public employment offices in such places as necessary for the proper administra
tion of this chapter and for the purpose of performing the duties* within the pur
view of the act of Congress entitled “ An Act to provide for the establishment of
a national employment system and for cooperation with states in the promotion
of such system, and for other purposes,” approved June six, one thousand nine
hundred thirty-three, as amended.
S e c . 17 (as amended 1937, ch. 100). Federal-State Cooperation.— The head of
the employment service division shall have all powers and duties necessary to
secure to the state the benefits of congressional action for the promotion and main
tenance of a system of public employment offices. To this end the provisions of
the act referred to in the preceding section and such additional congressional
action consistent with the above act are accepted by the state and the state pledges
its observance and compliance therewith.
•
The state employment service division is designated the agent of this state for
the purpose of compliance with the act of Congress entitled “ An act to provide
for the establishment of a national employment system and for cooperation with
states in the promotion of such system, and for other purposes,” approved June
six, one thousand nine hundred thirty-three, as amended. The director shall
appoint the head of the service and all appointees and employees in accordance
with the regulations prescribed by the director of the United States employment
service.
S e c . 18 (as amended 1937, ch. 100). Acceptance of Aid.— All moneys received
by this state under the said act of Congress, as amended, shall be paid into the
employment service account, to be expended as provided by this act and by said
act of Congress. For the purpose of establishing and maintaining free public
employment offices, the director may enter into agreements with any political
subdivision of the state or with any private nonprofit organization, and as part
of such an agreement the director may accept money, service, or quarters as a
contribution to the employment service account.
A rticle 9
Section 7. Employment Service Account.— For the purpose of maintaining the

employment offices established by this chapter and for the purpose of cooperating
with the United States Employment Service, a special employment service account
shall be maintained as a part of the administration fund.

TEXT OF THE LAWS

111

WISCONSIN
STATUTES, 1935
Free employment offices

S e c t i o n 101.10. Powers of industrial commission.— It shall also be the duty of
the industrial commission and it shall have power, jurisdiction, and authority:
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(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
employment for the blind adults of the state, to aid in inducing minors to under
take promising skilled employments, to provide industrial or agricultural training
for vagrants and other persons unsuited for ordinary employments, and to
encourage wage earners to insure themselves against distress from unemploy
ment. 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 unemploy
ment, to provide employment, 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 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 two hundred fifty thousand inhabitants or more in any city,
town or village therein to purchase a site and construct necessary buildings:
Provided, 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, subject to the approval of such
plans by the industrial commission. The industrial commission may establish
such free employment offices as it may deem necessary to carry out the purposes
of chapter 108. All expenses of such offices or all expenses not defrayed by the
county city town or village in which an office is located, shall be charged to the
appropriation to the industrial commission provided in section 20.573.
S e c . 101.37. Federal act accepted.— (1) The legislature hereby accepts the
provisions of an act of congress, approved June 6 , 1933, entitled “ An act to pro
vide for the establishment of a national employment system and for co-operation
with the states in the promotion of such system, and for other purposes.”
(2 ) The industrial commission of Wisconsin is hereby authorized and directed
to co-operate with the United States employment service in the administration
of said act and in carrying out all agreements made thereunder.
(3) All funds made available to this state under said act shall, upon receipt
thereof, be paid into the general fund and are appropriated therefrom to the
industrial commission to be expended as provided in subsection (6 ) of section 20.57.
Unemployment reserves and compensation
108.14 (as amended 1935, chs. 192, 446) . Administration.— (1) This chapter
shall be administered by the industrial commission.
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*
(3) The commission may appoint, employ and pay as many persons as it deems
necessary to administer and to carry out the purposes of this chapter, and may
make all other expenditures of any kind and take any other action consistent
herewith which it deems necessary or suitable to this end.
*
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*
(4) The commission may create as many employment districts and district
appeal boards and may establish and maintain as many free public employment
offices as it deems necessary to carry out the provisions of this chapter. The
commission shall have power to finance either partly or completely such public
Se c .

112

LAWS RELATING TO EMPLOYMENT AGENCIES

employment offices as it deems necessary under this chapter, from the funds
appropriated to the commission for its expenses under this chapter, whether or
not the political subidivision in which such office is located agrees to pay or does
pay any part of the expenses of such office.
«
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♦
♦
Other statutory provisions
(Supplementing section above)
20.573 (as amended 1937, ch. 95). Unemployment administration fund.—
All federal moneys paid to the industrial commission or the state for the Wisconsin
state employment service pursuant to section 101.37 or for the administration of
unemployment compensation under chapter 108, and any moneys paid to the
industrial commission and deposited by it with the state treasurer pursuant to
section 108.20, and all moneys duly transferred to the unemployment administra
tion fund pursuant to section 20.57, are appropriated to the industrial commission
for the performance of the functions of the commission under chapter 108, and
for its conduct of public employment offices consistently with section 101.37, and
for its other efforts to regularize employment; to pay the compensation and
expenses of appeal boards and of advisory committees; and to pay allowances
stimulating education during unemployment. Any balance remaining in this
fund at the close of any fiscal year shall not lapse but shall remain available for the
purposes herein specified.
WYOMING
Se c .

REVISED STATUTES, 1931
C hapter

65, A r t ic l e 4.— Employment agencies

S e c t io n 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 65-411 are under
Private Employment Agencies (see p. 226). ]

ACTS OF 1937
CHAPTER 113.— Unemployment compensation law
S e c t io n 10 . Administrative organization.— (a) There is hereby created a Com
mission to be known as the Unemployment Compensation Commission of Wyo
ming. The said Commission shall consist of three (3) members, one of whom
shall be the Commissioner of Labor. The other two shall be appointed by the
Governor. * * *
(b)
There shall be established under the Commission and under a single full
time executive director, who shall be appointed on non-partisan merit basis and
whose salary shall be fixed by the Governor, two coordinate divisions; the W yo
ming State Employment Service Division referred to in Section 12 of this Act,
and the Unemployment Compensation Division, both of which shall be subject
to the supervision, direction and control of the Unemployment Compensation
Commission of Wyoming. Each division shall be responsible for the discharge
of its distinctive function. Each Division shall be a separate administrative unit
with respect to personnel, budget and duties except insofar as the Commission
may find that such separation is impracticable.
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*
*
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*
S e c . 11. Administration.—
*
*
*
*
*
*
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(d)
Subject to other provisions of this Act, the Commission is authorized to
appoint, fix the compensation, and prescribe the duties and powers of such
officers, accountants, attorneys, experts, and other persons as may be necessary
in the performance of its duties under this Act. The Commission may delegate
to any such person such power and authority as it deems reasonable and proper
for the effective administration of this Act and may in its discretion bond any
person handling moneys or signing checks hereunder. The Commission shall
classify positions under this Act and shall establish salary schedules and minimum
personnel standards for the positions so classified. It shall provide for the hold
ing of examinations to determine the qualifications of applicants for the positions

TEXT OF THE LAWS

113

b o classified, and except for temporary appointments of not to exceed six months
in duration, such personnel shall be appointed on the basis of efficiency and fitness
as determined in such examinations. No person who is an officer or committee
member of any political party organization or who holds or is candidate for any
public office shall be appointed or employed under this Act. The Commission
shall establish and enforce fair and reasonable regulations for appointments,
promotions, and demotions based upon ratings of efficiency and fitness and for
terminations for cause.
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*
S e c . 1 2 . Employment service.— (a) The Wyoming State employment service is
hereby transferred to the Commission as a division thereof. The Commission,
through such division, shall establish and maintain free public employment offices
in such number and in such places as may be necessary for the proper administra
tion of this Act and for the purposes of performing such duties as are within the
purview of the Act of Congress entitled “ An Act to provide for the establishment
of a national employment system and for cooperation with the States in the
promotion of such system, and for other purposes” , approved June 6 , 1933 (48
Stat. 113; U. S. C. title 29, Sec. 49 (c) ), as amended, it shall be the duty of the
Commission to cooperate with any official or agency of the United States having
powers or duties under the provisions of the said Act of Congress, as amended,
and to do and perform all things necessary to secure to this State the benefits of
the said Act of Congress, as amended, in the promotion and maintenance of a
system of public employment offices. The provisions of the said Act of Congress,
as amended, are hereby accepted by this State, in conformity with section 4 of
said Act, and this State will observe and comply with the requirements thereof.
The Commission is hereby designated and constituted the agency of this State
for the purposes of said Act. The Commission is directed to appoint the director,
other officers, and employees of the Wyoming State employment service. Such
appointments shall be made in accordance with regulations prescribed by the
Director of the United States Employment Service and the laws of this State.
(b) All moneys received by this State under the said Act of Congress, as
amended, shall be paid into the special “ employment service account” in the
Unemployment Compensation Administration Fund, and said moneys are hereby
made available to the Commission for the Wyoming State employment service,
to be expended as provided by this section and by said Act of Congress. For the
purpose of establishing and maintaining free public employment offices, the Com
mission is authorized to enter into agreements with any political subdivisions of
this State or with any private, nonprofit organization, and as a part of any such
agreement the Commission may accept moneys, services, or quarters as a con
tribution to the employment service account.
S e c . 13. Employment service account.—
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(b) A special “ employment service account” shall be maintained as a part of
the Unemployment Compensation Administration Fund for the purpose of main
taining the public employment offices established pursuant to section 12 of this
Act and for the purpose of cooperating with the United States Employment Serv
ice. There is hereby appropriated to the employment service account of the
Unemployment Compensation Administration Fund, from moneys in the State
treasury not otherwise appropriated the sum of Twenty thousand ($20,000.00)
Dollars, for use during the biennial period ending March 31, 1939. Any funds
heretofore appropriated and now available for use by the State employment
service are hereby made available for use pursuant to this Act when same becomes
effective.
UNITED STATES

U N ITED STATES CODE, 1934
T

it l e

29.— National Employment System Law

S e c t i o n 49. 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) On September 6 , 1933, the employment service existing on June 6 , 1933 in
the Department of Labor shall be abolished; and all records, files, and property

114

LAWS RELATING TO EMPLOYMENT AGENCIES

(including office equipment) of the existing employment service shall thereupon be
transferred to the United States Employment Service; and all the officers and
employees of such service shall thereupon be transferred to the United States
Employment Service created by this chapter without change in classification or
compensation.
S e c . 49a. Appointment of officers, employees.— The Secretary of Labor is author
ized, without regard to the civil service laws, to appoint and, without regard to
Chapter 13 of Title 5, 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 neces
sary to carry out the provisions of this chapter. In case of appointments for
service in the veterans’ employment service provided for in section 49b of this
chapter, the Secretary shall appoint only veterans of wars of the United States.
S e c . 49b. Duties.— (a) It shall be the province and duty of the bureau to pro
mote 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 establishing 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 usefulness 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 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.
(b) Whenever in this chapter the word “ State” or “ States” is used it shall be
understood to include the Territories of Hawaii and Alaska.
S e c . 49 c. State cooperation.— In order to obtain the benefits of appropriations
apportioned under section 49d of this chapter, a State shall, through its legislature,
accept the provisions of this chapter and designate or authorize the creation of a
State agency vested with all powers necessary to cooperate with the United
States Employment Service under this chapter.
S e c . 49d (as amended,16 49 Stat. L. 217). Appropriations, apportionment of.—
(a) For the purpose of carrying out the provisions of this chapter there is hereby
authorized to be appropriated $4,000,000 for each fiscal year up to and including
the fiscal year ending June 30, 1938, and thereafter such sums annually as the
Congress may deem necessary. Seventy-five per centum of the amounts appro
priated under this chapter 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 purpose of establishing and maintaining systems
of public employment offices in the several States and the political subdivisions
thereof in accordance with the provisions of this chapter. Provided, however,
That in apportioning said 75 per centum of amounts appropriated after January
1, 1935, under this chapter, the director shall apportion not less than $10,000 to
each State. 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 main
taining 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 each State for the current year, and in no event less than
$5,000. The balance of the amounts appropriated under this chapter shall be
available for all the purposes of this chapter 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 chapter,
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 chapter shall remain available for payment to and expenditure by such
18 See S u p p lem en t I (1935) to C ode 1934, title 29, sec. 49d.

TEXT OF THE LAWS

115

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 chapter shall, within sixty 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 chapter for the first time.
S e c . 49e. Amount certified.— Within 60 days after any appropriation has been
made under authority of this chapter the director shall make the apportionment
thereof as provided in section 49d 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.
S e c . 49f. Acceptance of act by State.— Within 60 days after any appropriation
has been made under the authority of this chapter, and as often thereafter while
such appropriation remains available as he deems advisable, the director shall
ascertain as to each of the several States (1) whether the State has, through its
legislature or its governor, as the case may be, accepted the provisions of this
chapter and designated or authorized the creation of an agency to cooperate with
the United States Employment Service in the administration of this chapter in
compliance with the provisions of section 49c of this chapter; 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 49d of this chapter. 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 49g of this chapter, the director shall determine the amount of the pay
ments, if any, to which the State is entitled under the provisions of section 49d,
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.
S e c . 49g. Submission of State plans.— Any State desiring to receive the benefits
of this chapter 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 chapter within such State. In those States where a State board,
department, or agency exists which is charged with the administration of State
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 chapter. If such plans are in conformity with the provisions
of this chapter 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.
S e c . 49h. Reports of operation.— Each State agency cooperating with the United
States Employment Service under this chapter 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 chapter. The director may revoke any existing
certificates or withhold any further certificate provided for in section 49f, 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 chapter.
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.
S e c . 49i. 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 popula
tion, and so much of the unapportioned balance of the appropriation made under
the provisions of section 49d 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.

116

LAWS RELATING TO EMPLOYMENT AGENCIES

(6) In States where there is a State system of public employment offices, but
wheye the State has not complied with the provisions of section 49c, 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 49c of this
chapter.
S e c . 49j. 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.
(6) In carrying out the provisions of this chapter 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.
S e c . 49k. 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 chapter.
S e c . 491. Franking 'privilege.— 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
chapter, and to all State employment systems which receive funds appropriated
under authority of this chapter, the privilege of free transmission of official
mail matter.

Private Employment Agencies
ALASKA

COM PILED LAWS, 1933
61, A r t ic l e 4.— License taxes

C hapter

S e c t io n 3138. Amount of tax.— 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 such license, for the respective lines of business and
appliances, as follows—
*

Par. 6. Employment agencies, operating for hire and collecting a fee for
service, five hundred dollars per annum.
ARIZONA

SUPPLEMENT (1936) TO REVISED CODE, 1928
C hapter

24. A r t ic l e 6.— Private employment offices

S e c t io n 1457a. 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 hel^ or which keep a register of persons seeking em
ployment or help as aforesaid, whether such agents conduct their operations at a
fixed jilace 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
hek> for him and does not act in a similar capacity for any other employer.
S e c . 1457b. 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.
S e c . 1457 c. 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.
S e c . 1457d. 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.
117

118

LAWS RELATING TO EMPLOYMENT AGENCIES

S e c . 1457e (as amended 1937, ch. 33). License.— No person, firm, association, or
corporation shall engage in the business of employment agent for profit, or receive
any fee, charge, commission or other compensation, directly or indirectly, for
services as an employment agent without first obtaining from the industrial com
mission a license therefor, as hereinafter provided.
S e c . 1457f (as amended 1937, ch. 33). Application; deposit.— Any person, firm,
corporation, or association desiring a license as employment agent shall make
application therefor to the industrial commission, and accompany the same with a
cash deposit in the sum of five hundred dollars, conditioned that the agent will
conform in all particulars to the requirements of law relating to the business of
employment agent. Said cash deposit shall at all times be maintained at five
hundred dollars.
S e c . 1457g. Annual fees.— Each such license shall expire on June thirtieth,
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 five thousand
dollars of the fees, charges, commissions, or other compensation actually re
ceived during the life of the license or renewal by an employment agent for
service as such; three-fourths of one per cent on the second five thousand dollars
of such receipts; and one-half of one per cent of all such receipts in excess of ten
thousand dollars: Provided, that in no event shall such fee be less than twentyfive dollars nor more than one hundred and fifty dollars. The minimum fee
shall be paid before a license or renewal 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 ten 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 commission, and shall be paid by it into
the general fund of the State treasury within one week of receipt.
S e c . 1457h. Authority of the industrial 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 designated to prevent fraud, misrepresentation, false state
ments, or other unauthorized acts of such employment agent.
S e c . 1457i. Visitorial power of commission.— Apy 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.
S e c . 1457j. 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.
S e c . 1457k. Schedule of fees or charges.— 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 em
ployment 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 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 employ
ment agent shall charge a registration fee without permission from the industrial
commission.
S e c . 14571. Receipt given applicant.— It shall be the duty of every licensed
person conducting an employment agency to give every applicant for employ
ment 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,

TEXT OF THE LAWS

119

the amount of fee, the kind of work or service to be performed, the general condi
tions of employment, including among other things the rate of wages or compensa
tion, whether or not board and lodging is to be furnished, the hours of employ
ment, the cost of transportation and whether or not it is to be paid by the em
ployer, 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.
S e c . 1457m (as amended 1937, ch. 33). Return of fee.— (a) No employment
agent, or agent thereof, shall send out any applicant for employment without
having a bona fide order from the prospective employer to do so.
(by In case an applicant is sent out and fails to obtain employment as repre
sented the employment agent shall, upon demand, refund any fee the applicant
may have paid.
(c) If the applicant is sent beyond the limits of the city in which the employ
ment agency is located, and fails to receive employment, the employment agent
shall refund, in addition to said fee, necessary expenses incurred by the applicant
in going to and returning from the place of prospective employment, except when
applicant has been informed in writing that he is being sent for interview only.
(d) If the applicant receives employment, and said employment, by reason of
discharge, lasts less than seven days, or the total amount of wages paid to said
applicant is less than twenty-five dollars, the employment agent shall refund only
the amount of the fee paid by said applicant.
(e) Should the employment agent refuse or fail to make prompt refund, upon
demand, as provided in this section, the applicant may apply to the commission
for a hearing, and if the commission, upon investigation, finds that the applicant
is entitled to a refund it shall issue an order to that effect, and shall pay such re
fund to the applicant out of the cash deposited by the employment agent. Either
party to any such controversy may appeal, within five days from the issuance of
any such order, to the superior court of the county in which the business of the
employment agent is located.
S e c . 1457n. Revocation of license.— It shall be the duty of the industrial commis
sion and it shall have power, jurisdiction and authority to issue licenses to employ
ment 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.
S e c . 1457 o . Regulations, records, reports.— 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 provisions of this act, and to ascertain and fix reasonable classifications of
employments 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 commis
sion, 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.
S e c . 1457p. 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 [sec.
1457e] 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 twenty-five cents for each time he
assists in furnishing such labor. The clerk of every city and town, serving under

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LAWS RELATING TO EMPLOYMENT AGENCIES

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 . 1457q (as amended 1937, ch. 33). P e n a lties .— Any person, firm, association
or corporation who violates any provision of this article shall be guilty of a mis
demeanor and upon conviction shall be punished by a fine of not less than fifty
nor more than three hundred dollars, confinement for not more than six months,
or both.
ARKANSAS

SUPPLEM ENT (1927) CRAW FORD & MOSES’ DIGEST, 1921
S e c t io n 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 two hundred dollars 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 em
ployment agency, or solicit emigrants or laborers, in this State. The license, to
gether 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 one thousand
dollars to be approved by the attorney general, and conditioned that the obligator
[obligor] will not violate any of the duties, terms, conditions, provisions or require
ments 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. Licenses.— No person, firm or corporation shall conduct an employ
ment bureau or ageimy, 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

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121

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.
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.
S e c . 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 l'‘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.
S e c . 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.
S e c . 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 fifty dollars nor more than two hundred and fifty dollars for each offense, or
be imprisoned in the county jail for a period not to exceed thirty days, or both, at
the discretion of the court.
S e c . 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

D E E RIN G ’S GENERAL LAWS, 1931
A ct
S e c t io n

2349.— Private employment offices

1 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 subcontractor,
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

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LAWS RELATING TO EMPLOYMENT AGENCIES

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,
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 no 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; Provided, 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
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 perform
ances, 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 industry,
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

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123

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.
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.
S e c . 2. 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 wTho 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 employees 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 misde
meanor 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 participate in the
profits of, the said agency without the written consent of the commissioner of
labor, the said license issued to him immediately becomes void and must there
upon be surrendered by him to the said commissioner.
S e c . 3. Applications.— An application for such a license shall be made to the
commissioner of labor. Such application shall be written and in the form pre
scribed 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 imme
diately 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 employees 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.
S e c . 4. Duties of commissioner.— Upon receipt of an application for a license
the commissioner of labor may cause an investigation to be made as to the char
acter 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 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 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 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 commissioner of labor, and may be re
newed each year upon the filing of an application for renewal, renewed bond, and
the payment of the annual license fee, but the commissioner 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
failed to comply with any of the provisions of this act, or when such licensee has
ceased to be of good moral character, or when the conditions under which the
license was issued have changed or no longer exist or when the licensee or his agent
136553 p— 37------ 9

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LAWS RELATING TO EMPLOYMENT AGENCIES

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
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 thirty days after notice of same
is given to the party affected thereby.
S e c . 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.
S e c . 6. Transfer of license.— 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.
S e c . 7. 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 one
hundred dollars in cities, or cities and counties, having a population of over
one hundred thousand, a license fee of fifty dollars in cities having a population
of over twenty-five thousand and not exceeding one hundred thousand; and a
license fee of ten dollars in all cities or towns having a population of less than twentyfive thousand, 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
two thousand dollars in cities, or cities and counties, having a population of over
one hundred thousand; a surety bond in the penal sum of one thousand dollars in
cities having a population of over twenty-five thousand and not exceeding one
hundred thousand; and a surety bond in the penal sum of five hundred dollars
in cities and towns having a population of less than twenty-five thousand, all fig
ures as to population to be based on the latest United States government 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 ommissions 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 violations of the provisions hereof shall be paid
into the State treasury and credited to the general fund.
S e c . 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

TEXT OF THE LAWS

125

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
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 such suit has been brought.
S e c . 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.
S e c . 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.
S e c . 11. 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 par
ticulars: The name and address, and telephone number, if any, of the employ
ment 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 to whom the appli
cant is sent for employment; the address where the applicant is to report for posi
tion; 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 transpor
tation and by whom paid or advanced; the kind of work or employment; the gen
eral 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, includ
ing any other consideration or privilege; whether or not board or lodging, or both,
is to be furnished; the employment, to be stated if definite or indefinite, or if tem
porary 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 con
tract, in the space to be provided therefor, the fact that he discharged the appli
cant 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 con
tract undertake to repay the applicant the fee and expenses in the event of fail
ure 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.

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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 dis
charged him or her after employing him or her less than seven days, as the case
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.
S e c . 11a. Schedule of fees.— It shall be the duty of every licensed person con
ducting an employment agency to file with the commissioner 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.
S e c . 11H- Limitations on fees charged.—No applicant for employment classed
as manual shall in any case be charged a fee in excess of seven per centum of the
wages or salary earned for the first month, or earned for the first twenty-six
working days, if the wages or salary is fixed by the day; or, if such employment is
for a period less than a month or twenty-six working days, the fee charged shall
in no case exceed seven per centum of the wages or salary earned. In all other
employment, which classification shall include also semi-manual employments
such as those of clerks, bookkeepers, typists, stenographers, domestics, and mer
cantile, office, professional and semi-professional employments, the fee charged
shall in no case exceed ten per centum of the wages or salary earned for the first
month, the twenty-six working days, or shorter period, to be determined in the
same manner as in the case of manual employments. In determining any such
per centum proper allowance may be made for items of board, lodging, or other
consideration or privilege, or for differences arising by reason of rating the com
pensation otherwise than according to the time of work or service.
This section shall not apply to an association of teachers conducting an employ
ment agency exclusively for the purpose of securing employment for its own mem
bers, nor to bona fide schools, having been established for at least three years,
securing employment for its own pupils without compensation.
S e c . 12. Orders; return of fees.— No such licensed person shall accept a fee from
any applicant for employment, or send out any applicant for employment without
having obtained, either orally or in wirting 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 appli
cant and included in the schedule of fees required to be posted in a conspicuous
place in the office of the agency. Nothing in this provision, however, shall be con
strued 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

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127

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.
S e c . 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.
S e c . 14. Sending to certain places; notice of strikes.— No licensed person conduct
ing 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 pur
pose 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 intoxi
cating liquors are sold to be consumed on the premises. No licensed person shall
knowingly permit any person of bad character, prostitutes, 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 whatever in violation of the
child labor 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 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 corporation to which help is
furnished.
S e c . 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 be set forth whether or not such appli
cant has failed to pay salaries or left stranded any companies, in which such appli
cant 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 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 applicant as
employer.
S e c . 16. Same.— Every licensed person who shall procure for or offer to an
applicant 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
restriction of business. The form of such contract shall be first approved by the
commissioner of labor and his determination shall be reviewable by certiorari.

LAWS RELATING TO EMPLOYMENT AGENCIES

128

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.
S e c . 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.
S e c . 18. Violations.— Any person, firm or corporation, 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 twenty-five dollars or more than two hundred and fifty
dollars or by imprisonment for a period of not more than sixty days, or by both
such fine and imprisonment.
S e c . 19. 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 provision 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 controversy 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 heard de novo, and to stay any
award for money, the party aggrieved shall execute a bond to be approved by
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 one thousand dollars
to be approved by the said superior court. The commissioner 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.
A

7495.— Regulation of trade schools

S e c t i o 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.
S e c . 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 trades 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

STATUTES ANNOTATED, 1935
C

h apter

97, A

r t ic l e

4.— Employment agencies

S u b d i v i s i o n 2 . — Private employment agencies
S e c t i o n 147. Licenses, 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 twenty-five thousand (25,000) or more population shall be fifty
dollars ($50.00) per annum; in all cities and towns containing less than twenty-five
thousand (25,000) and more than five thousand (5,000) population, a fee of twentyfive dollars ($25) per annum, and in all cities and towns under five thousand
(5,000) population a fee of ten dollars ($10.00) per annum will be required. Every
license shall contain a designation of the city, street and number of the building in

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129

which the licensed party conducts such employment agencies. The license,
together with a copy of sections 147 to 151 of this chapter 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 pub
lication 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 one thousand dollars ($1,000.00) with two or
more sureties to be approved by the said Deputy State Labor Commissioner, and
conditioned that the obligor will not violate any of the duties, terms, conditions,
provisions or requirements of sections 147 to 151 of this chapter. 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
sections 147 to 151 of this chapter. 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
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.
S e c . 148. 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 assigna
tion house, any place of questionable character, or to any house or place of amuse
ment kept for immoral purposes. No such licensed agency shall publish or cause
to be published any notice or advertisement soliciting 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 definite and reliable order from a
responsible source to fill such places. No such licensed 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 concerning or relating to work
or employment to anyone who shall register 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
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 em
ployment through such licensed agency within five (5) days after registration,
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 such applicant to said licensed agency, provided said f ee is demanded within
thirty (30) days after the date of registration.
S e c . 149. 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 sections 147 to 151 of this chapter, whether
a fee or commission is charged or not: Provided, That charitable organizations are
not included within the meaning of sections 147 to 151 of this chapter.
Sec. 150. [Special fund abolished. See ch. 153 sec. 85.]
S e c . 151. Enforcement.— It shall be the duty of the deputy labor commissioner
when informed of any violation of sections 147 to 151 of this chapter, to institute
criminal proceedings for the enforcement of its penalties before any court of
competent jurisdiction. Any violation of the provisions of said sections shall be
a misdemeanor and shall be punished by a fine of not less than one hundred
($100.00) dollars nor more than two hundred ($200.00) dollars 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.

130

LAWS RELATING TO EMPLOYMENT AGENCIES

S e c . 152. Unlawful to open agency without license.1—It shall be unlawful for any
person or persons to open or establish in any city or town, whether incorporated
under special charter or general law, or elsewhere within the limits of the state of
Colorado, any intelligence or employment office, for the purpose of procuring or
obtaining, for money or other valuable consideration, either directly or indi
rectly, any work, employment, or occupation for persons seeking the same, or to
otherwise engage in the business, or in any way to act as a broker between em
ployers and persons seeking work, without first having obtained a license so to do
from the city or town where such intelligence or employment office is to be opened
or such business is to be carried on. Any person violating any of the provisions
of this section shall, upon conviction thereof, for each and every offense, be subject
to a fine not exceeding one hundred ($100) dollars.
S e c . 153. Cities and towns to issue licenses.—Every city or town in this state
shall, by ordinance, provide for the issuing of licenses as contemplated by sec
tions 152 to 164 of 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.
S e c . 154. Application for license.—Any person or persons applying for a license
under the provisions of sections 152 to 164 of this chapter, shall make application
to the city council, or board of trustees, through the city or town clerk, for the
same, and shall deposit with the city or town treasurer, in advance, the annual
fee for such a license, to be evidenced by the receipt of the city or town treasurer
endorsed on the said application. If the city council, or board of trustees, refuses
to order the issuance of such license to the party or parties applying for the same,
the sum so deposited with the city or town treasurer shall be refunded to him,
her or them, without any further action of the city council or board of trustees.
S e c . 155. License fee; bond.— Any person or persons licensed under the pro
visions of sections 152 to 164 of this chapter shall pay an annual license fee of not
more than one hundred (100) dollars in advance, and before such license shall be
issued, shall deposit with the city or town treasurer a bond in the penal sum of two
thousand (2,000) dollars, with two or more sureties, to be approved by the officers
designated by ordinance; such bond shall be made payable to the city or town
where such business is to be carried on, and shall be conditioned that the person or
persons, company or corporation applying for the license will comply with sections
152 to 164 of this chapter, and shall pay all damages occasioned to any person by
reason of any mis-statement or mis-representation or fraud or deceit of any person'
or persons, their agents or employees, in carrying on the business for which they
were licensed. If at any time, in the opinion of the mayor and city or town
treasurer, the sureties, or any of them, should become irresponsible, the person or
persons holding such license shall, upon notice from the city or town treasurer,
give a new bond, to be approved as hereinbefore provided. Failure to give a
new bond within ten days after such notice shall operate as a revocation of such
license, and the license shall be immediately returned to the city or town treasurer,
who shall destroy the same. Licenses granted under sections 152 to 164 of this
chapter may be transferred by order of the city council or board of trustees, but
before such transfer shall be authorized, the applicant for the same shall deposit
with the city or town treasurer the sum of five (5) dollars, which shall be endorsed
upon the application, and the person to whom such license is transferred shall
also deposit such a bond as is required of an applicant for an original license, as
hereinbefore described, and to be approved in the same manner.
S e c . 156. Certificate of license.— Upon the granting of a license by the city
council or board of trustees, under sections 152 to 164 of this chapter, the city or
town treasurer shall, within one week after payment of the license fee, issue to the
party or parties entitled to the same, a certificate setting forth the fact that such a
license has been granted, and it shall be the duty of all persons, who may obtain
such certificate, to keep the same publicly exposed to view in a conspicuous place
in their office or place of business. Every person paying a fee for employment
shall receive a receipt for the same, which receipt shall state in plain terms the
agreement between the intelligence or employment agent or broker, and the
person paying such fee, and if the terms of the said agreement are not fulfilled the
said fee shall be forthwith returned to the person who paid the same.
S e c . 157. Fees.— It shall be lawful for any person or persons or his or their
agents, runner or employee, whether acting with or without compensation,
engaged in the business of an employment or intelligence agent or broker to charge
1 I t seem s th a t p riv a te em p lo y m en t agen cies are n o w req u ired to o b ta in tw o licen ses. S ectio n s 152-164
require a licen se from th e c ity or to w n in w h ic h th e ag en cy op erates. See ed ito r’s n o te, S ta tu te s A n n o ta ted ,

1935.

TEXT OF THE LAWS

131

any person applying for work as a day laborer, mechanic, artisan or household or
domestic servant, a fee for his services equal in the case of males to five (5) per
cent and no more on one month’s wages and board, and in the case of females
three (3) per cent, and no more on one month’s wages and board. The limitations
imposed by this section shall not apply in any manner to persons or corporations
engaged in the business of procuring employment for any other class or classes of
persons than those specifically enumerated above.
S e c . 158. Acts forbidden.— Any person or persons, as aforesaid, keeping an intel
ligence or employment office, who shall send out any female help 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 liable to arrest, and to pay a fine
of not less than one hundred (100) dollars, and to imprisonment until such fine is
paid; and on conviction thereof, in any court, shall have his or their license
rescinded.
S e c . 159. Sending out help without order.— Any person or persons, who shall
send out any help, male or female, without having previously obtained a written
bona fide order, with proper references of two responsible persons, shall be subject
to the same penalties as are provided in the last preceding section.
S e c . 160. Dividing fees.— Any person or persons, as aforesaid, keeping an
intelligence or employment office, sending out help to contractors or other em
ployers of help, and dividing the office fees with subcontractor, and employers of
help, or their foreman or any one in their employ, shall, on conviction thereof in
any court, have their license at once forfeited, and be fined in a sum of not less
than one hundred (100) dollars.
S e c . 161. Register open for inspection.— Every person, company or corporation
duly licensed under sections 152 to 164 of this chapter, shall enter upon a register
to be kept for that purpose, 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, from 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, the wages to be paid, and a correct record of the
names of all persons who have been sent and the time of sending such persons to
procure work or employment on such order. No order for help shall be con
sidered a bona fide order unless the same be entered upon the register, as herein
provided. There shall also be entered on said register the names of all applicants
depositing a fee for the purpose of registering their names with the view of ob
taining work or employment, and the nature of the work or employment wanted.
The said register shall be open at all reasonable hours to the inspection of any
peace official of any municipality in this state.
S e c . 162. False information or entries; failure to keep register.— If any person or
persons, or his or their agent or employees engaged in the business of employment
or intelligence agent or broker, duly licensed, as provided in sections 152 to 164
of this chapter, shall give any false information or shall make any mis-statement
or shall make any false promises concerning any work or employment or occu
pation, or shall fail to keep such a register as is described in the preceding section,
or shall wilfully make any false entries in such register, or shall violate any other
provisions of sections 152 to 164 of this chapter, for which violation penalties are
not hereinbefore provided, shall, upon conviction thereof, for each and every
offense, be fined in any sum not exceeding two hundred (200) dollars, and the license
under which such person or persons have been permitted to conduct the business
of any employment or intelligence office, shall forthwith be forfeited.
S e c . 163. Actions against agencies.— All claims or suits brought in any court
against any employment or intelligence agent, may be brought in the name of
the party injured upon the bond deposited with the city or town treasurer by
said employment or intelligence agent, as provided in section 155 of this chapter,
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.
S e c . 164. Charitable associations excepted.— Nothing herein shall be construed
so as to require any religious or charitable association which may assist in pro
curing situations or employment for persons seeking the same, to obtain a license
so to do under the provisions of sections 152 to 164 of this chapter, provided it
receives no payment whatever for its services in the way of fees.

132

LAWS RELATING TO EMPLOYMENT AGENCIES
S u b d i v i s i o n 3 .— Theatrical employment agencies

S e c t i o n 165. Title.— This subdivision shall be known, and may be cited, as
the Theatrical Employment Agencies Law of 1935.
S e c . 166. Definitions.— The term “ theatrical employment agency” as used in this
subdivision 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 perform
ances, or of giving information as to where such engagements may be procured
or provided.
The term “ theatrical engagement” as used in this subdivision means any engage
ment 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 subdivision means an engage
ment 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 subdivision means any person employing
or seeking to employ any person for hire.
The word “ employee” as used in this subdivision means any person performing
or seeking to perform work or service of any kind or character whatsoever for hire.
The word “ person” as used in this subdivision means any person, firm, associa
tion or corporation.
The term “ Commission” as used in this subdivision means the Industrial Com
mission of Colorado.
The term “licensee” as used in this subdivision shall mean any theatrical employ
ment agency or employee or agent of said theatrical employment agency according
to context.
The term “ license” as used in this subdivision means a license to operate a
theatrical employment agency, or to operate as an agent or employee of any
theatrical employment agency.
S e c . 167. Licenses.— (a) No person shall open, operate, or maintain a theatrical
employment agency in the State of Colorado without first (1st) procuring a
license from the Commission; Provided, That regularly established educational
institutions, religious, labor, charitable, benevolent organization and departments
or bureaus maintained for the purpose of obtaining employment for which no fee,
compensation, or other valuable consideration is charged or received, directly or
indirectly, but shall not open, operate, or maintain such theatrical employment
bureau or department until a permit has been secured from the Commission.
(b) No person shall as an agent or employee of any theatrical employment
agency in the State of Colorado act for, aid or assist such theatrical employment
agencies in the procuring, or offering, promising, or attempting to provide engage
ments for circus, vaudeville, theatrical or other entertainments or exhibitions or
performances, or in the giving of information as to where such engagements may
be procured or provided without first (1st) procuring a license from the Com
mission.
S e c . 168. Same; application.— Every applicant for a license shall file with the
Commission 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 theatrical employment agency shall be maintained, if an office building,
the number of the office, the name of the person who is to have the general manage
ment of the office, the names of those financially interested therein, the name
under which the business of the office is to be carried on, and whether or not the
license is desired for the operation of a theatrical employment agency or for an
agent or employee of such agency. Such application shall be signed by the appli
cant and sworn to before any one qualified to administer oaths.
S e c . 169. Investigation of applicant.— Upon the filing of an application for a
license as provided in the last preceding section, the Commission shall cause an
investigation to be made as to the character and financial standing of the applicant;
also of the person who is to have the general management of the office, and as to
the location of the office. The applicant shall be rejected if the Commission 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 sufficient reason within the meaning and
purpose of this subdivision for rejecting such application. Unless the applicant
shall be rejected for one (1) or more causes specified above, it shall be granted. A
detailed record of such investigation shall be made in writing and become a part
of the official records of the Commission.

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S e c . 170. Bond.^—Every application for a license shall be accompanied by a
bond in the sum of one thousand dollars ($1000) by a duly authorized surety
company to be approved by the Commission, and filed by the Commission in the
office of the Secretary 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 between 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 moneys paid out by him as set forth in this subdivision. 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 Commission the
surety shall become irresponsible, the person holding such license shall upon notice
given by the said Commission give a bond subject to the provisions of this subdi
vision. The failure to give a new bond within ten (10) days after such notice shall
operate as a revocation of a license.
S e c . 171. License fees.— The license fees shall be as follows: (a) For the operation
of such theatrical employment agency, one hundred dollars ($100) and,
(b) For each employee of said licensed theatrical employment agency who shall
represent such theatrical employment agency 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 the giving
of information as to where such engagements may be procured or provided, fifty
dollars ($50).
S e c . 172. Contents of license.— The license shall state the name of the licensee, 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 management of the office, the name under
which the business is to be carried on, and whether or not issued for the operation
of a theatrical employment agency or to an agent or employee of such agency.
The license shall be numbered and dated. Every application for a license sha1!
be granted or refused within thirty (30) days from the filing, and application forms
for the renewal of license shall be furnished by the Commission to each applicant
on or before November 15th of each year.
S e c . 173. Expiration.— Every license unless previously revoked shall remain in
force until December 31st next after its issue.
S e c . 174. Revocation.— (a) Should the Commission find that any licensee has
violated any of the general provisions of this subdivision, or has acted dishonestly
in connection with his business, or has improperly conducted his business, or that
any other good sufficient reason exists within the meaning and purposes of this sub
division, said Commission 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 licensee specifying the charges
against said licensee and the said licensee has been given a fair hearing with respect
thereto.
(b) The decision of the Commission, either refusing, suspending, or revoking a
license under this subdivision shall be subject to review according to the laws of the
State of Colorado by the District Court of the County where the licensee conducts
or intends to conduct his business.
(c) Whensoever for any cause a license is revoked said Commission shall not
within three (3) years from the 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 may be associated. This provision shall
not apply to any case where an appeal has been taken as provided under subdi
vision (6) of this section and the court has found for the person or party taking
the appeal.
S e c . 175. License nontransfer able.— No license granted under the terms of this
subdivision shall be transferable.
S e c . 176. Place of business.— No theatrical employment agency shall be opened,
conducted or maintained in any other place than that specified in the license
without the written consent of the Commission. So long as a theatrical employ
ment 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 the license.
S e c . 177. False advertising.— No theatrical employment agency or the agent or
employee thereof shall wilfully cause to be printed, published or circulated false
or fraudulent notice or advertisement for employees or for obtaining employment.
S e c . 178. Violations.— Any person found guilty of the violation of any section
of this subdivision shall be guilty of a felony and shall be subject to a fine of not
less than three hundred dollars ($300) or more than one thousand dollars

134

LAWS RELATING TO EMPLOYMENT AGENCIES

($1000) or by imprisonment not to exceed four (4) years or both at the discretion
of the court.
S e c . 179. Constitutionality.— [This section provides that unconstitutional sec
tions shall not affect other parts of the law.]
C O N N E C T IC U T

CONNECTICUT STATUTES, 1930
C

hapter

130.— Employment bureaus

S e c t i o n 2343. Definitions.— The term “ person” 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 a fee or other valuable thing is exacted, charged or received for
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 twenty-five dollars 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 employment 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 five hundred dollars, 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 whenever, 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. Feesf 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 sepa
rate receipt in wdiich 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 one hundred dollars.

TEXT OF THE LAWS

135

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 person is not engaged in supplying positions for other employees.
DELAW ARE

REVISED CODE, 1935
C

6 . — State revenue

hapter

r t ic l e

S e c t i o n s 193, 194. Licensing of service occupations.— [These sections provide
that employment agents hiring or securing positions for persons for profit shall
pay a license fee of $10.00.]
C

h apter

71.— Private employment agencies

S e c t i o n 2620. License.— The said Bureau [appointed to administer the Dela
ware State Employment Service] shall have the power to cause employment
agencies being operated for profit within the State to take out an annual State
license costing Ten Dollars, to be deposited in the General Fund of the State
Treasury. The said Bureau shall make and enforce rules and regulations for the
conduct of the said employment agencies, and said rules and regulations shall
have the force of law and any violation thereof shall be punishable as a misde
meanor. A certified copy of the said rules and regulations shall be filed in the
office of the Secretary of State. Every infraction shall be punishable by fine not
to exceed Fifty ($50.00) Dollars and no less than Five ($5.00) Dollars. The
Bureau may inspect and audit the books and records of the said employment
agencies, subpoena said books and records and such persons employed in the con
duct of said agencies and such persons placed or seeking placement at employment
through said agencies. Said bureau may take the sworn testimony of said person
insofar as it does not interfere with their constitutional rights.
D IS T R IC T OF C O L U M B IA

SUPPLEM ENT II (1935) TO CODE, 1929
T

it l e

S e c t i o n 1742. Employment agencies; license required.— It shall be unlawful for
any person to open, keep, operate, maintain or carry on any private employment
agency without first having obtained a license from the District of Columbia so
to do. The fee for such license shall be $100 per annum. Any license may be
denied, revoked, or suspended for cause by the said commissioners: Provided,
That any person whose license shall be denied, revoked, or suspended by the com
missioners may, within thirty days after such denial, revocation, or suspension,
apply to any justice of the Court of Appeals of the District of Columbia for a
writ of error to review such action. Such application shall not operate as a stay
of any order issued in connection with such denial, revocation, or suspension.
(a) The term “ private employment agency” means any business, enterprise,
or undertaking that procures, offers to procure, promises to procure, attempts to
procure, or aids in procuring, either directly or indirectly, help or employment
for another for any fee, remuneration, profit, or any consideration whatsoever,
promises, paid, or received therefor, either directly or indirectly. It shall also
include domestic, commercial, clerical, executive, professional, and general em
ployment bureaus, and shall apply to theatrical employment agencies and nurses’
registry conducted for profit or gain.
(a-1) The term “ nurses’ registry” means and includes the business of conduct
ing an agency, bureau, office, or other place for the purpose of procuring, offering
to procure, promising to procure, attempting to procure, or aiding in procuring
employment or engagements for nurses of any kind.
(a-2) The term “ theatrical employment agency” includes the business of con
ducting any agency, bureau, office, or other place providing engagements for
circus, vaudeville, theatrical, and other entertainments or exhibitions or per
formances, or of giving information as to where such engagements may be procured
or provided, but does not include the business of managing the artists or the at
traction constituting such performances, where such business only incidentally
involves the seeking of employment therefor.

136

LAWS RELATING TO EMPLOYMENT AGENCIES

(a-3) The term “ applicant for employment” means any person seeking work,
employment, or engagement of any character.
(a-4) The term “ applicant for help” means any person seeking help, employees,
or performers.
The singular shall include the plural and the masculine the feminine.
S e c . 1743. Bond.— No license shall become effective under section 1742 of this
title until bond in due form in the penal sum of $1,000, or such lesser amount as
the commissioners may determine, with two or more sureties or a duly authorized
surety company to be approved by the commissioners, shall have been deposited
with the commissioners. The bond shall be payable to the District of Columbia
and shall be conditioned that the person applying for the license will comply with
this chapter 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, made, committed, or omitted in the business conducted
under such license, or caused by any other violation of this chapter in carrying on
the business for which such license is granted. One or more recoveries upon such
bond shall not vitiate the same, but it shall remain in full force and effect: Pro
vided) however, That the aggregate amount of all such recoveries shall not exceed
the full amount of the bond. Upon the commencement of any action or actions
against the surety upon any such bond for a sum or sums aggregating or exceeding
the amount of such bond the commissioners may require a new and additional
bond in like amount as the original one, which shall be filed with the commissioners
within thirty days of the demand therefor. Failure to file such bond within the
prescribed time shall constitute cause for the revocation of the license therefor
issued. Any suit or action against the surety on any bond required by the pro
visions of this section shall be commenced within one year from the accruing of
the cause of action thereon.
If at any time, in the opinion of the commissioners, the sureties, or any of them,
shall become irresponsible, the person holding such license shall, upon notice from
the commissioners, give a new bond, and the failure to give a new bond within ten
days after such notice, in the discretion of the commissioners, shall operate as a
revocation of such license.
The commissioners shall furnish to anyone applying therefor a certified copy of
any such bond filed in their office upon the payment of a fee of $1, and such certi
fied copy shall be prima facie evidence in any court that such bond was duly
executed and delivered by the person or corporation whose name appears therein.
S e c . 1744. Registers.— It shall be the duty of every licensee to keep a register
approved by the commissioners, 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 names and addresses of former employers or persons to
whom such applicant is known. Such licensee shall also enter in a separate
register, approved by the commissioners, 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 appli
cants for employment and help shall be open during office hours to inspection by
the said commissioners. No such licensee shall make any false entry in such
registers. It shall be the duty of every licensee, whenever possible, to communi
cate 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 licensee, failure on the part of the licensee to make such investi
gation shall not be deemed a violation of this section.
S e c . 1745. Receipts.— It shall be the duty of such licensee 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 receipt given by such licensee shah bear the
name and address of such licensee printed in large type thereon. Every receipt
shall have printed on the back thereof a copy of section 1749 of this title in the
English language.
S e c . 1746. Restrictions.— No private employment agency licensed under section
1742 of this title 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 any building or on premises wherein rooms are located and used for living pur-

TEXT OF THE LAWS

137

poses, or wherein boarders or lodgers are kept, or where meals are served, or per
sons sleep, or in any building wherein such rooms are located; nor shall any such
private employment agency be located in any such building where the entrance
thereto is not separate and apart from the entrance to the building proper, or where
there is any entrance into the building proper from said private employment
agency: Provided, That no one shall be precluded from keeping an employment
agency in an office building by reason of there being a cafe or restaurant in another
part of said building.
S e c . 1747. Application of minor.— No licensee 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 edu
cation or child labor laws.
S e c . 1748. Inspection.— All registers, books, records, and other papers required
to be kept pursuant to this chapter in any private employment agency shall be
open at all reasonable hours to the inspection of the commissioners, and every
licensee shall post in a conspicuous place in such agency the license certificate.
S e c . 1749. False information.— No licensee conducting any private employment
agency shall publish or cause to be published any false or fraudulent or misleading
information, representation, notice, or advertisement, nor shall he 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.
S e c . 1750. Exceptions.— This chapter shall not apply to employment bureaus
conducted by registered medical institutions, duly incorporated hospitals, or duly
incorporated alumni associations of registered nurses, or to any bureau maintained
by persons for the purpose of securing help or employees where no fee is charged.
FLORIDA

COM PILED GENERAL LAWS, 1927
T

it l e

6, C

3.— Licenses and other taxes

hapter

S e c t i o n 1146. Private employment agencies, tax.— Owners or managers of em
ployment agencies and intelligence offices in cities and towns of ten thousand
inhabitants or more, shall pay a license tax of ten dollars.
GEORGIA

CODE 1933
T

it l e

54.— Industrial relations

S e c t i o n 54—110. Duty of commissioner.— * * * The Department
Industrial Relations is also charged with the following duties:

2. The commissioner shall exercise jurisdiction over each person, firm or cor
poration acting as a private employment agency or intelligence bureau hereafter
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 any employment agency or persons
with such agency, or any employee thereof, to act as an emigrant agent. If any
agent shall be 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 of such agency to do business.
T

it l e

92.— Public revenues

S e c t i o n 92-507. Employment agencies.— All employment agencies or bureaus
doing business in this State, shall pay $50 for each county in which they have an
office.

138

LAWS RELATING TO EMPLOYMENT AGENCIES
HAWAII

REVISED LAWS, 1935
Private employment offices
S e c t i o n 2456. Fee.— Every person conducting an employment or intelligence
office or advertising as an employment or intelligence agent shall pay an annual
license fee of ten dollars.
IDAHO

CODE 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 i o 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 jurisdiction
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.
S e c . 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 ninety days, nor less than thirty days.
ILLINOIS

REVISED STATUTES, 1935
C

h apter

48.— Private employment agencies

Par. 87 (1). Duties, etc., of the Department of Labor.-—It shall be the duty of the
Department of Labor and it shall have power, jurisdiction and authority to issue
licenses to employment agencies or agents, and to refuse to issue licenses whenever,
after due investigation, the Department of Labor finds that the character of the
applicant makes him unfit to be an employment 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, rules, conditions or provisions required by any
law of this State governing employment agencies, or with any lawful order of
the Department of Labor, shall be deemed cause to revoke such license. The
Department of Labor shall have power, jurisdiction and authority to fix and order
such reasonable rules and regulations for the conduct of the business of employ
ment agencies, as may be necessary 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 up, or conduct any such agency
without first procuring such license or without paying any fees required by this
act, shall be guilty of a misdemeanor, and shall be punishable by a fine of not
less than $50.00, and not exceeding $200.00; or on failure to pay such fine by
imprisonment for a period not exceeding six (6) months, or both such fine and
imprisonment, at the discretion of the court.
The fee for said license, in cities having a population of fifty thousand or more
shall be fifty dollars ($50.00) annually for persons operating an agency with less
than three employment brokers and placement clerks, and one hundred dollars

TEXT OF THE LAWS

13Q

($100.00) annually for persons operating an agency with three or more employment
brokers and placement clerks.
The fee for said license in cities having a population of less than fifty thousand,
shall be twenty-five dollars ($25.00) annually, notwithstanding the number of
employment brokers and placement clerks employed.
Every license shall contain the name of the person licensed, or if a corporation,
the name of the chief officer, a designation of the city, street number of the building
in which the person licensed is authorized to carry on the said employment agency,
and the style or trade name under which such licensed person is to conduct said
employment agency. Such license shall not be valid to protect any person who
operated any employment agency under any other name than as mentioned in
said license. No license shall 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 of this Act, to such transfer, be filed with the
original bond. No such agency shall be located adjacent to or in connection
with any place 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 thirty (30) days from the time
of filing such application. The license shall run for one year from date of issue,
and no longer, unless sooner revoked by the Department of Labor. Such applica
tion shall be posted in the office of the Department of Labor from date of filing
thereof and until such time as such application is acted upon.
Such application shall state whether or not the applicant is pecuniarily inter
ested in any other business of like nature and if so, where. Such application shall
also state whether the applicant is the only person pecuniarily interested in the
business to be carried on under the license. If the applicant is a corporation,
the applicant shall state the names and addresses of the officers of said corporation.
If the applicant is a partnership, the applicant shall also state the names of all
partners therein. Such application shall be accompanied by the affidavits of two
persons of business or professional integrity, residing within the city or town where
in such applicant intends to conduct his business, and such affiants shall state
that they have known the applicant for a period of two years, that the applicant
is a person of good moral character and is a citizen of the United States.
No licensed employment agent shall permit any person not mentioned in the
original application for a license to become a partner if such agency is a partner
ship, or an officer of the corporation if such agency is a corporation, unless the writ
ten consent of the Department of Labor shall first be obtained. Such consent
may be withheld for any reason for which an original applicaton might have been
rejected, if the person in question had been mentioned therein.
Each applicant for a license shall file with the application a schedule of fees,
charges and commissions, which he intends to charge and collect for his services,
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 with the Department of Labor an amended or supplemental
schedule, showing such changes, at least fifteen (15) days before the change is
to become effective. Any change in forms or contracts must be filed with the
Department of Labor at least fifteen (15) days before such change is to become
effective. Such schedule of fees to be charged shall be posted in a conspicuous
place in each room of such agency, and such schedule of fees shall be printed
in not less than thirty point bold-face type.
It shall be unlawful for any employment agency to charge, collect or receive a
greater compensation for any service performed by it than is specified in such
schedule filed with the Department of Labor.
Par. 87 (2). Bond required.— The Department 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 three thousand dollars ($3,000) where the
fee for such license is one hundred dollars ($100); and one thousand dollars
($1,000) where the fee for such license is less than one hundred dollars ($100),
with one or more sureties, to be approved by the said Department 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 main
tain an action in his own name upon the bond of said employment agency, in any
court having jurisdiction of the amount claimed. All such claims shall be assign
able, and the assignee thereof shall be entitled to the same remedies upon the
1 36 5 5 3°— 37------- 10

140

LAWS RELATING TO EMPLOYMENT AGENCIES

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.
Par. 87 (3). Register.— 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, name and address of the person to whom the
applicant is sent for employment, the amount of the fee received, and the number
of the receipt. Such licensed person shall also enter in the English language, in
a separate register, the name and address of every accepted application for help,
the date of such application, the kind of help requested, the name of the persons
sent with the designation of the one employed, the amount of fee received and the
rate of wages agreed upon. Each such application for help shall be numbered,
which number shall be entered in said register. The aforesaid registers of appli
cants for employment and help shall be open during office hours to inspection by
the Department of Labor and its duly qualified agents. No such licensed person,
or his employees, shall knowingly make any false entry in such registers.
Par. 87 (4). License.— It shall be unlawful for any person to act as an employ
ment broker and placement clerk, or to advertise, or assume to act as an
employment broker and placement clerk, without first obtaining a license as such
employment broker and placement clerk, from the Department of Labor. After
December 31, 1935, it shall be unlawful for any person to engage in, operate or
carry on the business of an employment agency unless each employee of such
agency, who furnishes information to any person as to where help or employment
may be obtained or found, is a licensed employment broker and placement clerk.
The term “ placement clerk and employment broker” as used in this Act shall
be defined to mean employes who interview, counsel, or advise applicants or
employer clients or both, on employment and allied problems and who make or
arrange contracts between employer and employee clients.
Every person who desires to obtain a license, as employment broker and place
ment clerk shall apply therefor to the Department of Labor, in writing, upon
application blanks prepared and furnished by the Department of Labor. Each
applicant shall set out in said application blanks such information as the depart
ment may require, and said applications shall be accompanied by the affidavits
of two persons of business or professional integrity, residing in the city or town
wherein such applicant resides. Such affiants shall state that they have known
the applicant for a period of two years and that the applicant is a person of good
moral character.
The Department of Labor may require such other proof as to the honesty,
truthfulness and integrity of the applicant, as may be deemed necessary and
desirable. If the applicant is shown to be honest, truthful and of known integrity,
the Department of Labor shall issue a license, which license shall set out the true
name and address of the applicant, the name of the employment agency by whom
he is employed, and such additional information as the department may prescribe.
The license issued shall authorize the person named therein to act as an employ
ment broker and placement clerk.
The Department of Labor shall charge a fee of $3.00 for issuing each such license,
which fee shall be paid at the time application is made. Each such license issued
shall remain in force until revoked by the Department of Labor.
The license of the employment broker and placement clerk shall be mailed
to the employment agency by which he is employed, and shall be kept in the
office of such agency and produced for inspection by any agent of the Depart
ment of Labor, at any time during business hours.
The Department of Labor, upon its own motion, or upon the filing of a verified
complaint with the department, by any person, accompanied by such evidence,
documentary or otherwise, as makes out a prima facie case that the licensee
is unworthy to hold a license, shall notify the employment broker and placement
clerk in writing that the question of his honesty, truthfulness and integrity is
to be reopened and determined, de novo. This notice shall be served by deliver
ing a copy to the licensed person, or by mailing a copy to him, by registered
mail, at his last known business address. Thereupon, the Department of Labor
shall require further proof of the licensee’s honesty, truthfulness and integrity,
and if the proof is not satisfactory to the Department of Labor, it shall revoke
his license.
If any employment broker and placement clerk is discharged or terminates
his employment with the agency by which he is employed, such agency shall

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immediately deliver, or forward by registered mail, the employment broker and
placement clerks license, to the Department of Labor, together with the reasons
for his discharge, if he was discharged.
Thereafter, it shall be unlawful for the employment broker and placement
clerk to exercise any rights or privileges under such license, unless the Depart
ment of Labor transfers his license to another employment agency.
Each employment broker and placement clerk shall notify the Department of
Labor of any change in his residence address. Failure to give such notice shall
automatically work a revocation of his license.
Any person who violates any provisions of this section, or who testifies falsely
as to any matter required by the provisions of this section or of this Act, is guilty
of a misdemeanor, and upon conviction thereof, shall be fined not less than $50.00
nor more than $200.00, or imprisoned in the county jail for not less than one month
nor more than six months, or both, at the discretion of the court.
Par. 87 (5). Registration fee.— No such licensed person shall charge a registration
fee without having first obtained a permit to charge such registration fee from the
Department of Labor. Any such licensed person desiring to charge said registra
tion fee shall make application in writing to the Department of Labor, and shall
set out in the application the type of applicants from whom they intend to accept
a registration fee, the amount of the fee to be charged, and shall furnish any other
information on the subject that the Department of Labor may deem necessary to
enable it to determine whether the applicant’s business methods and past record
with reference to the charging of registration fees, entitles said applicant to a
permit.
It shall be the duty of the Department of Labor to make an investigation, upon
receipt of the application, as to the truthfulness of said application and the neces
sity of the charge of a registration fee; and if it is shown that the applicant’s
method of doing business is of such a nature, that a permit to charge a registration
fee is necessary, and that the record of the applicant’s past method of charging
a registration fee has been reasonable and fair, then the Department of Labor
shall grant a permit to such applicant; said permit shall remain in force until
revoked for cause. No permit shall be granted until after ten (10) days from the
date of filing of the application.
When a permit is granted, such licensed person may charge a registration fee
not to exceed two dollars ($2.00). In all such cases a complete record of all such
registration fees and references of applicants shall be kept on file, which record
shall, during all business hours, be open for the inspection of the Department of
Labor. It shall be the duty of such licensed person to communicate in writing
with at least two of the persons mentioned as reference by every applicant from
whom a registration fee is accepted. Failure on the part of a licensed person to
make such investigation shall be deemed cause to revoke said permit to charge a
registration fee. For such registration fee a receipt shall be given to said applicant
for help or employment, and shall state therein the name of such applicant, date
and amount of payment, the character of position or help applied for, and the name
and address of such agency. If no position has been furnished by such licensed
agency to the said applicant, then said registration fee shall be returned to the
said applicant on demand after thirty (30) days and within six (6) months from
the date of receipt thereof, less the amount that has been actually expended by
said licensed person in checking the references of said applicant, and on [sic] 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.
Any such permit granted by the Department of Labor may be revoked by it
upon due notice to the holder of said permit and due cause shown and hearing
thereon.
No such licensed person or persons shall, as a condition to registering or obtain
ing employment for such applicant, require such applicant to subscribe to any
publication or to any postal card service, or advertisement, or exact any other
fees, compensation or reward, (except that in the case of applicants for positions
paying salaries of three thousand six hundred dollars or more per annum, a fee
not to exceed twenty dollars may be charged for such service) other than the
aforesaid registration fee 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 to such applicant, said licensed person shall refund all fees paid other
than the registration fee aforesaid, within three (3) days of receipt thereof.

142

LAWS RELATING TO EMPLOYMENT AGENCIES

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 position
of the kind applied for was open at the place where said applicant was directed or
no other employment is accepted in lieu thereof with the person to whom the
applicant was directed, then said licensed person shall refund to such applicant on
demand any sum paid or expended by said applicant for transportation in going
to and returning from said place, and all fees paid by said applicant: Provided,
however, that in the event a substitute position is taken, the fee to be charged shall
be computed on the salary agreed upon for such position.
In addition to the receipt herein provided to be given for a registration fee, it
shall be the duty of such licensed person to give to every applicant for employment
or help from whom other fee, or fees shall be received, an additional receipt in
which shall be stated the name of the applicant, the amount of the fee, date of
payment and the character of position or help applied for. All such receipts shall
be in duplicate, numbered consecutively, shall contain the name and address of
such agency, and such other information as the Department of Labor may deem
proper. The duplicate receipt shall be kept on file in the agency for at least one
year. No such licensed person shall use the term “ Placed” on any receipt.
Every such licensed person shall give to every applicant from whom they receive
a fee a card or printed paper containing the name of the applicant, the name and
address of the employer to whom the applicant is sent for employment, the name
and address of the agency, and the probable duration of the work, whether tem
porary or permanent. A duplicate of all such cards or printed paper shall be kept
on file in the agency.
If an employee furnished by such licensed person fails to remain three (3) weeks
in a situation through no fault of the employer, such licensed person shall refund
to the applicant for help all fees paid less an amount equal to twenty-five percent
of the total salary paid such employee during the period of such employment,
within three (3) days after said licensed person has been notified of employee’s
failure to remain in the situation or the employee’s discharge for cause.
If the employee is discharged within three (3) weeks, through no fault of his
own, the said licensed person shall refund all fees paid by such applicant less an
amount equal to twenty-five per cent (25%) of the total salary received by said
applicant during the period of such employment, within three (3) days after
demand by said applicant, provided said twenty-five percent (25%) does not
exceed the amount charged for a permanent position of like nature. All refunds
shall be paid in cash and not in credit on the books for another position.
No such licensed person shall require any person who has applied for and
obtained a position through such licensed person to sign any note authorizing a
confession of judgment for the payment of any fees or require any applicant for
a position to sell, transfer or assign any salary or wages due the applicant or to
become due from his employer.
Every such licensed person shall post in a conspicuous place in each room of
such agency sections of this Act, as required by the Department of Labor, to be
supplied by the Department of Labor, and shall also post their license in the main
room of the agency.
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.
Par. 87 (6). Employment contract.— No such licensed person shall by himself or
by his agent, or agents, solicit, persuade or induce any employee to leave any em
ployment in which said licensed person or his agents has placed said employee; nor
shall any such licensed person, or any of his agents, solicit, persuade or induce any
employer to discharge any employee; nor shall any such licensed person or his
agents divide, or offer to divide, or share, directly or indirectly, any fee, charge
or compensation received, or to be received, from any employee with any employer
or person in any way connected with the business thereof.
Par. 87 (7). Employment outside city.— Whenever such licensed person, or anyone
acting for him, agrees to send one or more persons to work as contract or railroad
laborers, outside the city in which such agency is located, the said licensed person
shall give to each of such laborers, in a language with which such laborers: are
familiar, a statement containing the following items: “ Name and nature of the
work to be performed,” “ wages offered” , “ destination 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 such licensed person sending
out such laborers.
No such licensed person or his agents shall send any applicant to any place
where a strike, a lock-out or other labor trouble exists, without first notifying the

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143

applicant of such conditions, and shall, in addition thereto, enter a complete
statement of such facts upon the receipt given to such applicant.
Par. 87 (8). Theatrical employment agency.— Any such licensed person 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 the employment agent of such licensed person, setting forth
how long said employer has been engaged in the theatrical business. Every such
statement shall be kept for the period of one (1) year and 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 two (2) 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, the
length of time such corporation, or any of its officers have been engaged in the
theatrical business, and the amount of the paid up capital stock. If the employer
conducts a cabaret or nightclub, the agent shall include in such statement the
name and address of the owner or owners, and whether thay have failed to pay
salaries to employees within the past two years. If any allegation in such written
verified statement is made upon information or belief, the person verifying this
statement shall set forth the sources of his information or belief. Such statement
so on file shall be kept for the benefit of any employees whose services are sought
by any such employers.
Every such licensed person conducting a theatrical employment agency who
shall procure for or offer to an applicant a theatrical engagement, or any kind of
employment as an entertainer, shall have executed in triplicate a contract con
taining the name and address of the applicant, the name and address of the em
ployer and that of the employment agency acting for such employer, in employing
or furnishing such applicant for employment, the character of the entertainment
to be given, or services to be rendered, the number of performances to be given
per day or per week, by whom the transportation, if any, is to be paid, and if it is
to be paid 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 such transportation. Said contract shall state from whom said applicant
is to receive his or her salary, the amount of salary promised, and the gross com
missions or fees to be paid by said applicant and to whom such gross commissions
or fees are to be paid. The original contract shall be given to the applicant for
employment, the duplicate contract shall be given to the employer, and the
triplicate contract shall be kept on file in the office of the agency for a period of
one year.
Par. 87 (9). Nurses registry.— Every such licensed person conducting a Nurses’
Registry shall cause every applicant for employment to fill out an application
form giving the following information: The name and address and qualifications
of such applicant, the names and places of the hospitals wherein the applicant has
studied or has been employed, the length of time of service therein, or other ex
periences in nursing, if not in a hospital, and whether such applicant is a graduate,
trained, certified, registered, undergraduate or practical nurse or trained attendant.
There shall be stated on such form the number and date of the certificate issued to
such nurse or trained attendant, by the Department of Registration and Education
of the State of Illinois. Such application form shall be kept on file in the office of
the Registry and shall be open to the inspection of the Department of Labor and
the Department of Registration and Education.
Every such licensed person conducting a Nurses' Registry shall give to every
applicant, to whom a position is offered, a card or printed paper in which shall be
stated the amount of the fee, or commissions to be charged by such licensed person
for services in obtaining the position for said applicant for employment.
Par. 87 (10). Character of employment; fraud.— No such licensed person shall send
or cause to be sent any female help or servants, inmate, or performer, to enter 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 re
sorted 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 permit questionable characters, prostitutes,
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
employment whatever, in violation of the Child Labor Law, approved May 15,

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LAWS RELATING TO EMPLOYMENT AGENCIES

1903, as amended, and An Act to regulate the employment of children, approved
June 9, 1897, as amended.2 For the violation of any of the provisions of this
section, the penalty shall be a fine of not less than fifty dollars ($50.00) and not
more than two hundred dollars ($200.00), 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 advertisement of such employment agencies, by means of cards, circulars
or signs, or in newspapers or other publications; and all its letterheads, receipts
and blanks shall contain the full name and address of such employment agency
and such licensed person shall state in such notices and advertisements the fact
that such licensed person is, or conducts, a private employment agency.
No such licensed person shall print, publish or paint on any sign, window, or
insert in any newspaper or publication, a name similar to that of the Illinois Free
Employment Office.
No such licensed person shall print or stamp on any receipt or on any contract
used by said agency, any part of this Act, unless the entire section from which
such part is taken, is printed or stamped thereon.
All written communications sent out by such licensed person, directly or in
directly, to any person or firm with regard to help or employment, shall contain
therein definite information that such person is a private employment agency.
No such licensed person, or his employees shall knowingly give any false
information, or make any false promise to any applicant who shall apply for
employment or help.
Par. 87 (11). 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
medium of a card, circular, pamphlet or any other medium whatsoever, or through
the display of a sign or a bulletin, offers to secure employment or help, or give
information as to where employment or help may be secured, shall be deemed a
private employment agent, and be subject to the provisions of this Act, provided
that charitable institutions are not included.
The term “ fee” as used in this Act means money or a promise to pay money.
The term “ fee” also means and includes the excess 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 performers for any entertainment,
exhibition or performance, and the amount paid by the said person receiving
said amount of money to the employees or performers whom he hires to give
such entertainment, 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 com
missary privileges.
The term “ theatrical employment agency” means and includes the business of
conducting an agency, bureau, office or any other place, for the purpose of procur
ing or offering, promising or attempting to provide engagements for persons who
want employment in the following occupations: Circus, vaudeville, theatrical and
other entertainment, 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.
The term “ theatrical engagement” means and includes any engagement or
employment of a person as an actor, performer, or entertainer, in a circus,
vaudeville, theatrical or any other entertainment, exhibition or performance.
The term “ emergency engagement” means and includes an engagement that
is to be performed within twenty-four (24) hours of the time such application
was made by an employer.
The term “ Nurses’ Registry” means and includes the business of conducting
any agency, bureau, office or any other place for the purpose of procuring, offer
ing, 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.

* T he act of 1897 w as repealed by acts Of 1931, p. 1, approved July 8

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145

Par. 87 (12). Enforcement.— The enforcement of this Act shall be entrusted to
the Department of Labor, which shall appoint such inspectors and officers as it may
deem necessary to carry out the provisions of this Act. Complaints against any
such licensed person may be made orally or in writing, to the Department of
Labor. A hearing shall be held on such complaint by the Department of Labor,
within one week of the filing thereof. Reasonable notice of such hearing not less
than one (1) day, shall be given in writing to said licensed person by serving
upon him a concise statement of the facts constituting the complaint and shall
state where such hearing shall be held. No adjournment of such hearing shall
be for a period longer than one (1) week. The Director of Labor or his duly
qualified assistants shall have the power to issue subpoenas requiring the at
tendance of witnesses and the production of books and papers pertinent to such
hearing, and to administer oaths to such witnesses. If any witness refuses to
obey a subpoena issued hereunder, the Department of Labor may petition the
circuit court of the county in which the hearing is held for an order requiring
the witness to attend and testify or produce documentary evidence. The circuit
court shall hear the petition and if it appears that the witness should testify or
should produce documentary evidence, it may enter an order requiring the wit
ness to obey the subpoena. The court may compel obedience by attachment
proceedings as for contempt of court. A calendar of all such hearings shall be
kept by the Department of Labor, and shall be posted in a conspicuous place in
its public office for at least one (1) day before the date of such hearing. The
result of such hearing shall be rendered within eight (8) days from the time the
matter is finally submitted. The Department of Labor may refuse to issue and
may revoke any license for any good cause shown within the meaning and pur
pose of this Act, and when it is shown to the satisfaction of the said Department
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 the said
Department 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 Department 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. Whenever, for any cause such
license is revoked, said revocation shall not take effect until seven (7) days after
such revocation is officially announced; and such revocation shall be considered
good cause for refusing to issue another license to said person or his representa
tive, or to any person with whom he is to be associated in the business of fur
nishing employment or help. The Violation of any provisions of this Act, except
as provided in sections 1, 4 and 10, shall be punishable by a fine not to exceed
twenty-five dollars ($25.00) and any city magistrate, judge of a municipal court,
police justice, justice of the peace, or any inferior magistrate having original jurisdic
tion 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 offend
ing, for a period not exceeding thirty (30) days. The said Department of Labor
or its duly authorized agents may institute criminal proceedings for its enforce
ment before any court of competent jurisdiction. The Department 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.
Par. 87 (13). Powers of officers.— Every officer and employee of the Department
of Labor shall have full power to execute and serve all warrants and processes of
law issued by any justice of the peace or police magistrate, 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 may
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 court shall proceed with the case in the manner
and form provided by law.
Par. 87 (14). Severability.— Should one or more of the provisions of this Act be
held invalid, such invalidity shall not affect any of the valid provisions hereof.
Par. 87 (15). Repeal.— An Act relating to private employment agencies and to
repeal parts of a certain Act relating thereto approved June 15, 1909, as amended,
is repealed.

146

LAWS RELATING TO EMPLOYMENT AGENCIES
IN D I A N A

SUPPLEMENT (1929), BURNS’ A NNO TATED STATUTES, 1926
C

h apter

72, A

r t ic l e

5.— Employment agencies

S e c t i o n 9381. License.— 1. 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 con
ducts 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.— 2. 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 ten 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.— 3. A fee of fifty dollars shall be paid annually for each
license granted under the provisions of this act.
S e c . 9384. Renewal.— 4. 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.— 5. 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 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.— 6. 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

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147

of Indiana, at least thirty days before the date provided for same to become
effective. Any change in forms and contracts must also be filed with the Industrial
Board of Indiana at least thirty 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.
S e c . 9387. Return of fees.— 7. 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 employment 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.— 8. 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 receipt 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.”
S e c . 9389. Registers, etc.— 9. 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.— 10. 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.
Sec 9389.2. Definition.— 11. 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.— 12. 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.— 13. 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

148

LAWS RELATING TO EMPLOYMENT AGENCIES

received from any employee with any employer or person in any way connected
with the business thereof.
S e c . 9389.5. Immoral, etc., resorts.— 14. 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.
S e c . 9389.6. Return of fee and expenses.— 15. If it shall appear that no employ
ment 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.— 16. 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.— 17. 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.— 18. 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 fifty dollars, nor
more than one hundred dollars, 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 proceed
ings, the name of the said industrial board shall be entered upon the docket, and
upon conviction a fee of ten dollars 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 enforc
ing 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, 1935
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77.— Private employment agencies

S e c t i o n 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 in any profession for which a license or certificate to engage
therein is required by the laws of this State nor to the furnishing or procurement
of vaudeville acts, circus acts, theatrical, stage or platform attractions or amuse
ment enterprises.

TEXT OF THE LAWS

149

Sec . 154G-a2. Unlawful 'practices.— No person, firm, or corporation shall send an
application [sic] for employment to an employer who has not applied to such per
son, firm, or corporation for help or labor. Nor shall any person, firm, or corpora
tion engaged in the business of operating an employment agency or bureau,
fraudulently 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
of a misdemeanor, and upon conviction, shall be punished as provided in section
1551.
S e c . 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.
S e c . 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.
S e c . 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, an information against
any person, firm, or corporation guilty of such violation of law.
S e c . 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 one hundred
dollars or imprisonment in the county jail not to exceed thirty days.
C

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77-C1.— License for employment agencies

S e c t i o n 1551-C1. 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 section 1551-C1. 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 con
ducted. It shall be accompanied by the affidavits of at least two reputable citi
zens 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 two thousand

La w s r e l a t i n g t o e m p l o y m e n t a g e n c i e s

150

dollars to be approved 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. Any person
firm or corporation applying for a license, as provided in this chapter to operate
an employment agency for furnishing or procuring of employment shall furnish
the commission with its contract form, which form shall distinctly provide that
no fee or other thing of value in excess of one dollar shall be collected in advance
of the procuring of employment and no license shall be issued unless such con
tract form contains such provision. Thereafter, any person firm or corporation
to whom a license has been issued that violates this provision of its contract shall
have his license cancelled.
S e c . 1551-C3. Investigation of applicants.— The commission shall fully investi
gate all applicants for the license required by section 1551-Cl, 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 thirtieth next succeeding their
issuance.
S e c . 1551-C4. Fees.— The annual license fee shall be fifty dollars.
S e c . 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.
S e c . 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
GENERAL STATUTES, 1935
C

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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 of 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 twentyfive dollars per annum, and, in cities containing less than 20,000 inhabitants, ten
dollars per annum. Every license shall contain a designation of the city, street,
and number of the building in which the licensed party conducts such employ
ment agency. The license together with a copy of this act shall be posted in a
conspicuous place in each and every employment agency.
S e c . 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.
S e c . 44^403. Bond.—rThat the court of industrial relations shall require with
each application for a license a bond in the penal sum of five hundred dollars 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 require
ments of this act.
S e c . 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.
S e c . 44-405. 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.

TEXT OF THE LAWS

151

S e c . 44-406. 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.
S e c . 44-407. Fees.— That 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 employ
ment agency shall make no additional charge for their service rendered other than
the fees set out above.
S e c . 44-408. False statements.— That 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.
S e c . 44-409. Prosecutions, etc.— That it shall be the duty of the court of indus
trial 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.
S e c . 44-410. Violations.— That any person convicted of a violation of any of
the provisions of this act shall be deemed guilty of a misdemeanor and shall be
fined not less than fifty dollars nor more than one hundred dollars 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.
S e c . 44-411. Accounting of fees.— That all money or moneys received from fees
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.
S e c . 44-412. Act not applicable to.— That 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 K E N TU CK Y STATUTES, 1930
S e c t i o n 3011. Licenses.— The general council shall, by ordinance, provide for
the following licenses, * * * intelligence office, * * * employment
agency or information bureau, * * * not less than twenty-five dollars ($25)
nor more than five hundred dollars ($500) per annum.
[This provision relates only to municipal corporations of the first class.]
ACTS OF 1930
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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
persons, 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 service
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

152

LAWS RELATING TO EMPLOYMENT AGENCIES

or cost is made for service rendered, other than the ordinary membership dues and
assessments for their members; bona fide labor organizations undertaking 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.
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.
(6) 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.
(d) 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.
S e c . 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 non-transferable 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 employment agency sold, leased or transferred and it shall be necessary, in
order to continue the business, to secure a transfer or new permit from the Depart
ment 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.
S e c . 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 twenty-five dollars
payable to the Department of Labor. This permit fee shall, upon issuance of
the permit, become an annual license fee.
(6) 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.
S e c . 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 mav determine upon a superficial examination the legality of their operation.

TEXT OF THE LAWS

153

Sec. 5. Acts forbidden.— The following restrictions are placed on the opera
tions of employment agencies:
(а) 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
representation concerning any matter within the scope of the business of the
employment agency, and the non-existence of such job or position or the falsity
of any such representation shall consitute prima facie evidence of the violation
of this section.
(б) 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.
(/) 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
consideration whatsoever, and who shall fail to procure for such person employ
ment 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.
S e c . 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
printing and inspection service, necessary to carry out the objects of this act,
shall be first deducted from the sale of such employment agency permits.
S e c . 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 guilt}' of a misdemeanor and upon conviction there
of, for the first offense, shall be fined not less than one dollar ($1.00) nor more than
one hundred dollars ($100.00) and for a second and all subsequent offenses the
fine shall be from twenty-five dollars ($25.00) to one hundred dollars ($100.00)
or one (1) to thirty (30) days in jail, or both so fined and imprisoned.
LOUISIANA
GENERAL STATUTES, 1932
T it l e

34, C h a p t e r 3.— Private employment offices

S e c t io n 4295. Definitions.— Any person, firm, company, corporation, or asso
ciation, 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

154

LAWS RELATING TO EMPLOYMENT AGENCIES

workmen, 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
employment bureau, except as hereinafter provided.
S e c . 4296. 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 remune
ration for placement or assignment of the worker, is hereby deemed a labor agent
or employment bureau, except as hereinafter provided.
S e c . 4297. 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.
S e c . 4298. 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.
S e c . 4299. License fee.— Every person, firm, company, corporation, or associa
tion, 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 twenty-five ($25.00) dollars license tax unto the state of Louisiana for such
privileges, and the license so paid for and obtained shall permit all of the em
ployees of such labor agents or employment bureaus who assist in the prosecution
of such work in such office only as aforesaid, to aid therein.
S e c . 4300. 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 five thousand ($5,000.00) dollars, 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 misrepresentation 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.
S e c . 4301. Supervision by commissioner of labor.— The operation of the business
of labor agents or employment bureaus, shall be under the supervision of the
commissioner of labor and industrial statistics of the state of Louisiana.
S e c . 4302. 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 one hundred ($100.00)
dollars nor more than five hundred ($500.00) dollars, or imprisoned in the parish
jail for a period of not less than ten nor more than ninety days, or both fined and
imprisoned at the discretion of the court.
S e c . 4303. Repeal.— This act shall in no wray interfere with or repeal the provisions
of Act No. 54, of 1906, or acts amendatory thereof.
S e c . 4304. 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.

TEXT OF THE LAWS

155

MAINE

REVISED STATUTES, 1930
C hapter

47.— Intelligence offices

S e c t io n 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 shail open or conduct any such agency without first
procuring such license shall be guilty of a misdemeanor and shall be punished by
a fine of not less than fifty dollars, nor more than three hundred dollars, 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 twenty-five dollars 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 buiding or upon premises where intoxicating
liquors are sold or dispensed contrary to law, or which or part of which is used as
an inn, lodging house, or boarding 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
werk 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 appli
cant, 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.
f
S e c . 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 of $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 one dollar if paid in advance, or
one dollar and twenty-five cents 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 applicant does not obtain a situation, or

136553*—37---- U

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LAWS RELATING TO EMPLOYMENT AGENCIES

employment through the agency of such licensee within six days after the applica
tion 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 employment with a view to obtain
ing other employment through such agency.
S e c . 10. Acts forbidden.— No licensee shall send, or cause any female help or
servant, or inmate, ' performer, to be sent to any questionable place or place of
bad repute, house ol ul 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.
S e c . 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 municipal
officers, and reasonable notice thereof, and of the time and place of hearing, not
less than 24 hours, shall be given in writing to such licensee by serving upon him
a concise statement of the facts constituting the complaint; the hearing shall be
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 taken
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 officers
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.
S e c . 12. Violations.— Whoever violates any provision of sections 6 to 13, both
inclusive, of this chapter, except as is otherwise provided, shall be punished by a
fine of not more than twenty-five dollars 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 thirty days. Any munici
pal 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.

TEXT OF THE LAWS

157

M ARYLAND

SUPPLEM ENT (1935) TO ANNOTATED CODE
A r t ic l e

232. License required.— No person shall engage in business as an
employment agent in this State without having a license to engage in such busi
ness, in accordance with the provisions of Sections 232B and 232C.
^ S e c . 232A. Definition.— The term “ Employment Agent” as used in this sub
title shall include any and all persons, firms and corporations engaged in the busi
ness of furnishing information to persons seeking employment for the purpose of
enabling any such person to secure the same, or engaged in the business of soliciting
employment for such persons by means of advertising, personal solicitation, cir
culars, or otherwise, in consideration of any fee or charge, paid or to be paid, for
such information or solicitation by persons seeking employment; provided, how
ever, that the term employment agent shall not include any person employed in
any employment agency maintained by the State or by any city, county, or other
political sub-division thereof or by the Federal Government or any agency
thereof; and provided, further, that the term employment agent shall not include
persons, firms or corporations engaged in conducting registries by or for associa
tions of registered nurses, or employment bureaus of registered medical institutions
or hospitals, nor shall it apply to persons, firms or corporations maintaining depart
ments for the purpose of securing help for themselves and charging no fee therefor
nor to charitable agencies maintaining employment offices.
S e c . 232B. Licenses.— All licenses to engage in business as an employment
agent in this State shall be annual licenses, except as hereinafter in this section
provided, and shall be granted by the Commissioner of State Employment and
Registration. No person shall engage in business as an employment agent in
this State until (1) he shall pay to the said Commissioner a license fee of $25.00
for a full year or pro rata for less than a full year, provided, however, that the fee
shall not be less than $10.00, (2) and shall also deposit with the said Commissioner
a bond in the penal sum of $1,000 signed by the applicant for the license as principal
and by a Surety Company authorized to do business in this State as surety, payable
to the State of Maryland as obligee and conditioned on the compliance of such
applicant with the provisions of Sections 232 and 232-1, inclusive, and the payment
by such applicant of all damages occasioned to any person by reason of any mis
statement, misrepresentation, fraud or deceit forbidden by said sections of such
applicant or his agents or employees. All licenses granted by the said Commis
sioner shall, irrespective of the date of issue, expire on the first day of May next
thereafter. No license shall be issued by the said Commissioner unless the
applicant for such license shall have an office within the State at which such appli
cant carries on, or proposes to carry on, business as an employment agent. The
said Commissioner is hereby authorized to refuse to issue a license to any applicant
whose license has been suspended or revoked as hereinafter provided, unless and
until it shall be shown to the satisfaction of said Commissioner that the applicant
will not be guilty of the offense for which such prior license was suspended or
revoked.
S e c . 232C. Rules, hearings.— The Commissioner of State Employment and
Registration is hereby authorized, at any time and from time to time, after a
public hearing (notice of which shall be given as hereinafter in this section pro
vided), to make and publish rules and regulations for the regulation of employ
ment agents not inconsistent with the provisions of Sections 232 to 232-1, inclusive,
of this Article, and in like manner to repeal or amend such regulations from time
to time. The Commissioner shall give notice of any such public hearing at least
ten days in advance thereof by mailing a notice thereof to all licensed employment
agencies in the State and in addition by publishing such notice in two daily news
papers of general circulation published in Baltimore City. The said Commissioner
is hereby authorized to revoke or to suspend for such period as he shall think proper
the license of any employment agent violating any of the provisions of Sections
232A to 232-1, inclusive, or of any rule or regulation made and published pursuant
to the provisions of this section.
S e c . 232D. Posting of license, etc.— Each and every employment agent shall
display in a conspicuous place in any office used for the transaction of business as
an employment agent a license therefor signed by the said Commissioner. Each
and every employment agent shall keep in such office books or records showing
separately as to each person referred by such employment agent to any employer
S e c t io n

158

LAWS RELATING TO EMPLOYMENT AGENCIES

or prospective employer (whether within or without the State) and as to each
person for whom such employment agent has solicited employment in any manner:
(a) The name and address of the person seeking employment.
(b) The date or dates on which such person made application to such employ
ment agent.
(c) The name and address of each employer oi prospective employer to whom
such applicant was referred by such employment agent.
(d) A brief description of any circular or advertisement soliciting employment
on behalf of any applicant.
(e) The date or dates of each such reference, circular, or advertisement.
S e c . 232E. Receipts.— Each and every employment agent doing business in
this State at the time of receiving any payment whatsoever or however described
for any service as such employment agent shall give to the person making such
payment a written receipt therefor, signed by such employment agent or his
duly authorized agent or employee, and stating the date and amount of such
payment and the service for which payment is made.
S e c . 232F (as amended 1937, ch. 58). False statements.— No employment agent
doing business in the State, or any person employed by or acting as agent for any
such employment agent, shall (1) in any manner or by any means whatsoever
make any false statement or false representation to any person seeking employ
ment, knowing the same to be false, in regard to any employment, work or situa
tion, its nature, location, or duration, the wages or salary attached thereto or the
circumstances surrounding the said employment, work or situation, or,
(2) Give to any employer or prospective employer any sum of money or thing
of value for the purpose of inducing the employment of any applicant and for the
creation of any vacancy, or,
(3) Collect in advance from any applicant for employment any payment for
service to be rendered to such applicant in obtaining employment except that an
employment agent engaged in the business of securing positions for teachers may
charge each applicant a registration fee of not more than two ($2.00) dollars.
S e c . 232G. Part-time inspectors.— The Commissioner of State Employment and
Registration is hereby empowered by co-operative arrangement with heads of
other departments of the State government to use on a part-time basis inspectors,
investigators, or field workers of such departments and/or to employ in accordance
with Article 64A of the Annotated Code of Maryland an inspector or inspectors
to carry out the provisions of Sections 232 to 232-1. The compensation of such
part time inspectors, investigators, or field workers shall be determined by co
operative arrangement with the department head concerned, provided the total
compensation of any such part time inspector shall not be greater than that allowed
in the budget of the department in which such part time employee is regularly
employed; and the compensation of any full time inspector shall be that provided
for the Department of State Employment and Registration in the biennial budget
Act. All salaries and other legitimate expenses shall be paid by the State Comp
troller on proper requisition signed by the said Commissioner out of the license
taxes provided by Section 232 and shall be paid only from such license taxes. The
said Commissioner is hereby authorized and empowered to investigate, through
the inspectors appointed by him pursuant to the provisions of this section, the
manner in which all employment agents doing business within the State conduct
such business, and to examine at any time during business hours any and all of
the books and records of such employment agents, to the end that all such employ
ment agents shall comply with the provisions of Sections 232 to 232-1, inclusive,
and with the rules and regulations made and published by the said Commissioner.
S e c . 232H. Violations.— The violation of any of the provisions of Sections 232
to 232-1, inclusive, or of any rule or regulation issued and published by the Com
missioner of State Employment and Registration, shall be a misdemeanor punish
able by a fine of not less than $25.00 for the first offense and not less than $100.00
for each subsequent offense. It shall be the duty of said Commissioner to insti
tute proceedings through the State’s Attorney of Baltimore City and the State’s
Attorneys of the respective counties for the prosecution of any employment agent
violating any of the provisions of Sections 232 to 232-1, inclusive, or of any regu
lations made and published by him pursuant to the provisions of Section 232C.
S e c . 232-1. Provisions severable.— The provisions of Sections 232 to 232-1,
inclusive, are severable, and, in the event that any provision 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.

TEXT OF THE LAWS

159

M ASSACH U SETTS

GENERAL LAWS, 1932
C hapter

140.— Licenses

S e c t io n 41. 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 ten dollars for each day such office is so kept.
S e c . 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 two hundred and two to two hundred and five, inclusive, and
may revoke them at pleasure.
S e c . 43. Feest 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.
S e c . 44. Return of fee.— If a person who receives employment through the
agency of an intelligence office is discharged by his employer within ten 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 fivesixths of the amount paid to such keeper by the employer [employee] on account
of such employment.
S e c . 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.
S e c . 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 forty-two and he shall be punished by a
fine of not less than twenty-five nor more than fifty dollars.
M IC H IG A N

COM PILED LAWS, 1929
C hapter

153.— Private employment agencies

8584 (as amended 1933, No. 20). 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 employ
ment 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 com
plaints against employment bureaus and to take such action as he may deem
necessary to prevent fraud, to inspect during business hours all private employ
ment 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 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 shall appropriate. He may employ an assistant at such
salary as the legislature may appropriate. Said superintendent of private em
ployment 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
S e c t io n

160

LAWS RELATING TO EMPLOYMENT AGENCIES

received by him in the performance 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.
S e c . 8585. Definition.— The term “ employment agent” or “ employment
agency” as used in this act means any person engaged for gain or profit in the
business or profession of serving, assisting, or counseling employees seeking
employment or employers seeking to procure employees. The term “ theatrical
employment 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 engagements 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 forty-eight (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 seeking
to employ any person for hire.
The word “ employee” as used in this act, means any person performing or
seeking 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 organi
zations and departments or bureaus maintained for the purpose of obtaining
employment 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 corpo
ration 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 shah 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 employed by anyone engaged in the business of conducting an
employment agency either in 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 (3) 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
general management of the office and as to the location of the office. The appli
cation 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 sufficient reason within the
meaning and purpose of this act for rejecting such application. Unless the

TEXT OF THE LAWS

161

applicant shall be rejected for one or more of the causes specified above it shall be
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.
S e c . 8589. (as amended 1931, No. 206; 1933, No. 20).
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 unless previously revoked shall remain in force
until December thirty-first next after its issue. Every application for a permit
shall be granted or refused within thirty 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 fifteenth
of each year.
(a) 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;
(b) Every holder of a permit shall keep or cause to be kept a record of the name
and address of every employe directed to or placed in employment together with
the kind of employment to which the employe was directed or which he accepted,
a record of the names and addresses of all employers to whom an employe 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.
S e c . 8590. Bond.— Every application for a license shall be accompanied by a
bond in the sum of one thousand (1,000) dollars 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 secretary 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 between the person or persons and any employe or employer,
and said bond shall further be conditioned to guarantee to the employer or
employe 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 superintendent of private employment bureaus the surety
shall become irresponsible, the person holding such license shall upon notice
given by the said state superintendent of private employment bureaus give a new
bond, subject to the provisions of this section. The failure to give a new bond
within ten (10) days after such notice shall operate as a revocation of a license.
S e c . 8591 (as amended 1933, No. 20). Fees, schedules, etc.— The license fee shall
be as follows: In all cities or towns having a population of less than one hundred
thousand, the license fee shall be fifty dollars. In all cities having a population
between one hundred thousand and two hundred and fifty thousand the license
fee shall be seventy-five dollars. In all cities having a population between two
hundred and fifty thousand and five hundred thousand, the license fee shall be
one hundred dollars. In all cities having a population of more than five hundred
thousand the license fee shall be two hundred dollars. Such population to be
based on and determined by the last preceding Federal census of such cities. Such

162

LAWS RELATING TO EMPLOYMENT AGENCIES

license fees shall be turned over by the state superintendent of private employ
ment bureaus to the state treasury and credited to the general fund.
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 one (1),
class two (2), or a class three (3) license as hereinafter provided. Every appli
cation for a license shall be granted or refused within thirty (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 fifteenth (15) of each year.
S e c . 8593. Posting.— The State superintendent of private employment bureaus
shall cause to be prepared and shall furnish to each employment agent holding a
class one (1) license, copies of sections seventeen (17), eighteen (18), nineteen (19),
twenty (20) and twenty-one (21) [8600, 8601, 8602, 8603, and 8604] of this act,
and in addition thereto all sections of the act applicable to a class one (1) license,
all to be printed in a type of a size not smaller than brevier and to be hung in a
conspicuous place in each room occupied by the employment agency.
S e c . 8594. Duration of license.—-Every license unless previously revoked shall
remain in force until December thirty-first (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 (3) years from date ot 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 (6) of this section and the court
has found for the employment agent.
S e c . 8596. Transfer of licenses.— 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 the license.
S e c . 8598. Classification of licenses.— (a) Licenses granted under the provi
sions of this act shall be of three (3) sorts, designated as a class one (1) license,
a class two (2) license, and a class three (3) license. A class one (1) license shall
entitle the holder thereof to serve those in all occupations not enumerated in
classes two (2) and three (3), except teachers’ employment agencies.
(o) A class two (2) license shall entitle the holder thereof to engage in the busi
ness or profession of serving those seeking employment and those seeking employes
in technical, clerical, accounting, executive, professional nursing, sales, engineering
in all its branches, and like pursuits;

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163

(c) A class three (3) license shall entitle the holder thereof to engage in the
business or profession of serving those seeking employment or those seeking
employees in circus, vaudeville, theatrical or entertainments, exhibitions, or
performances and allied pursuits;
(d) Nothing in this act shall be construed to prohibit an employment agent
holding a class one (1) license from serving those who fall within the classifica
tion set forth in subdivision (b) of section fifteen (15) [8598] governing a class
two (2) license, provided the agency is conducted under the rules governing a
class two (2) license; but under no condition shall a licensee be allowed to conduct
a theatrical agency under any but a class three (3) license. Any question of
classification shall be determined by the State superintendent of private employ
ment bureaus. An appeal may be taken by an employment agent as provided for
in section twelve (12) [8595] covering revocation of licenses.
S e c . 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 one (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
issued by *him or his employers a schedule showing the employment agent’s
service charges to be made to either employes 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,” “ tem
porary 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 seventeen (g) [17 (<?)] [8600 (gr)];
(б) Every employment agent licensed under a class one (1) license shall post
in a conspicuous place in every room used for business purposes in the employ
ment office conducted by him, section sixteen (16) [8599] (rules A, B, C, under
class one (1) license) and sections seventeen (17), eighteen (18), nineteen (19),
twenty (20) and twenty-one (21) [8600, 8601, 8602, 8603, and 8604] of this act;
(c) No employment agent holding a class one (1) license shall direct any
employe to employment at any place outside of the office of such employment
agent without giving to such employe in written form the name and address of
the employment agency, the name of the licensee, the name of the employe so
directed, the name of the employment agent’s representative so directing, the
name and address of the employer to whom the employe 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 prohibit an employment agent from directing an employe 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 twentyfour (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 (1) year.
Class 2 license
Every employment agent licensed under class two (2) license shall enter into
a written agreement with every employe, employer, or both, for service to be
rendered for which a charge is made or to be made to said employe 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
reason from rendering service to an employe 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 employe by said employ
ment agent within 24 hours after an employe has been directed to an employer
or an employer has been directed to an employe.

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LAWS RELATING TO EMPLOYMENT AGENCIES
Class S license

(a) Every employment agent conducting a theatrical employment agency,
before making a theatrical engagement, except an emergency engagement, for
an employe 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 employe has been engaged in the theatrical
business. Every such statement shall be kept for the period of one (1) 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 employe during the five (5) years preceding the date of application and
further shall set forth the names of at least two (2) 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 employe. 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 employes
whose services are sought by any such employer;
(b) Every employment agency conducting a theatrical employment agency who
shall procure for or offer to an employe a theatrical engagement shall have exe
cuted in duplicate a contract containing the name and address of the employe, the
name and address of the employer, and that of the employment agent acting for
such employer in employing such employe; 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
employe, 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 employe; and the gross commissions or fees to be
paid by said employe and to whom.
S e c . 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 (1) year at the office of the licensed agent;
(c) Every employment agent shall keep for the period of at least one (1) year a
complete record of all orders for employes 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 employe directed to an employer, the nature of the
employment and the name and address of the employer to whom the employe is
directed. A record shall also be kept of the name and address of every employe
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 employe, 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 twenty-one (21) [8604] of this act, he shall request the
employment agent for the privilege of examining the agency records, and such

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165

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 twelve (12) [8595] of this act. Upon written complaint
of an employe or employer, the state superintendent of private employment bu
reaus 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
question 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;
(id) No employment agent shall direct an employe 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 employe was directed or if no other employment in substitution
thereof is accepted by the employe, the said employment agent shall within
twenty-four (24) hours of demand refund to said employe any sums paid by said
employe for transportation in going to and returning from such place and all
fees paid by said employe: Provided, That nothing in this act shall be construed
to prevent an employment agent from directing an employe to an employer where
said employer has previously requested that he be accorded interviews with
employes of certain types and qualifications, even though no actual vacancy
existed in said employer's organization at the time the employe was so directed,
nor shall it prevent an employment agent from attempting to sell the services of
an employe to an employer, even though no order has been placed with said
employment agent: Provided, however, That the employe is acquainted with the
facts when directed to said employer, in which event no employment agent shall
be liable to an employe 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 employe to leave any employment which was secured for said
employe 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 employe;
(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 twentyfour (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 fifty (50) miles from the office of said employment agent,
the applicant shall have an additional twenty-four (24) hours for each fifty (50)
miles that the place is distant from the office of said employment agent for pre
senting said proof.
S e c . 8601. False advertising.— No employment agent shall willfully cause to be
printed, published, or circulated a false or faudulent notice or advertisement for
employes 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, employe, 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, employe, or servant shall request or accept a gift or 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, o*

166

LAWS RELATING TO EMPLOYMENT AGENCIES

promise to an employer or his agent any gift or gratuity whatever with intent to
influence his action in employing or discharging employes 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 employes. 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
three hundred (300) dollars or more than one thousand (1,000) dollars, or by imprison
ment not to exceed four (4) years or both, at the discretion of the court.
MINNESOTA
M ASO N S STATUTES, 1927
Private employment agency
4254-1. 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 su'ch
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 Industrial Commission of the
State of Minnesota.
S e c . 4254-2. 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 . 4254-3 (as amended 1929, ch. 293)8. 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 pe
cuniarily interested in any other business of a like nature, and if so, where. Such
application 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 applicant and sworn to before a notary public. If the applicant is a corpora
tion, the application shall state the names and addresses of the officers and direc
tors 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
S e c t io n

* A s given in Supplem ent (1936) to M ason’s Statutes, 1927.

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167

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
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 majorty 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, (Mason’s
Minn. Stat., 1927, secs. 4254-1 to 4254-18), 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 . 4254-4. 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 employ
ment 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, fifty per cent of the fees so paid and collected from the
employment agents or agencies for offices located in such city, village, or other
political subdivision.
Sec . 4254-5. 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 contract 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 person damaged
by any breach or any condition thereof and successive actions may be maintained
thereon.
S e c . 4254-6. 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 employment agent and if a corporation the names of the officers, if a partner
ship the names of the partners, the location of the office where the business is to
be conducted, and the name of the person who is to be charged with the general
management of the business. The license shall also be numbered and dated and
state whether it is a Class One, Class Two, or Class Three license as hereinafter
provided.
S e c . 4254-7. 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 . 4254-8 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

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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
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.
S e c . 4254r-9. License not transferable.— No license granted under the terms of
this act shall be transferable, except with the consent of the commission. No em
ployment 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 corpora
tion unless the consent of the commission 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 had been mentioned therein. If such con
sent 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
person originally mentioned therein.
S e c . 4254-10. Place of agency specified.— No employment agent shall open, con
duct 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.
S e c . 4254-11. Classification.— Licenses granted under the provisions of this act
shall be designated as Class One, Class Two, or Class Three.
A Class One 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, scrubwomen, laundresses, maids, nurses, except professionals, and
all domestics and servants, unskilled workers and general laborers.
A Class Two license shall entitle the holder thereof to engage in the business of
serving 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 One or a Class Three license.
A Class Three license shall entitle the holder thereof to engage in the business of
serving those seeking employment and those seeking employees in circus, vaude
ville, 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 One hcense from serving those included under a Class Two license, pro
vided the business is conducted in accordance with the rules and regulations appli
cable to a Class One license; but under no circumstances shall a licensee be
allowed to conduct a theatrical agency under any but a Class Three license.
Any question of classification arising under the provisions of this act shall be
determined by the commission.
S e c . 4254-12. Posting of license.— (a) Every employment agent licensed under
a Class One 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.
(6) Every employment agent licensed under a Class One 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 One 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
to be obtainable at such place, provided, that nothing herein shall be construed to
prohibit an employment agent from directing an applicant by telephone, to apply
for employment but such telephone message must be confirmed in writing by the

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employment agent within 24 hours after the telephone conversation, and a carbon
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.
S e c . 4254-13. Contract for employment in writing.— Every employment agent
licensed under a Class Two license shall contract in writing with every applicant
for employment for services to be rendered to said applicant by said employment
agent, which contract shall contain the date, the name and address of the employ
ment 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 contract shall appear the definition of “ accept,” “ method of pay
ment,^ “ temporary position,” and “ charge for permanent position which proves
to be temporary.”
S e c . 4254t-14. Theatrical agencies.— Every employment agent conducting a
theatrical 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 transportation 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.
S e c . 4254r-15. Additional rules.— In addition to the foregoing rules governing
specific classifications the following rules shall govern each and every employment
agent:
(а) Every license, of whatever classification, shall be hung in a conspicuous
place in the main office of the employment agency.
(б) 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-

170

LAWS RELATING TO EMPLOYMENT AGENCIES

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.
(f )
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.
(ig) No employment agent shall knowingly cause to be printed or published a
false or fraudulent notice or advertisement for 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.
(i) 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 businesss 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.
M IS S O U R I

REVISED STATUTES, 1929

C h a p t e r 95, A r t i c l e 2.— Employment bureaus and employment agents
S e c t i o 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 fifty thousand population and over
shall be fifty dollars per annum, and in all cities containing less than fifty thousand
population, a uniform fee of twenty-five dollars 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 five hundred dollars, 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 com
missioner 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, whenever, 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 industrial inspection
and his agent or agents, deputies, or assistants. 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 one dollar for which a receipt shall be given, in which

TEXT OF THE LAWS

171

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 li
censed agency within one month, after registration, as aforesaid, then said licensed
agency shall forthwith repay 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 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 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.
S e c . 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 juris
diction. 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 fifty
dollars nor more than one hundred dollars for each offense, or be imprisoned in the
county jail for a period not exceeding six months, or both.
S e c . 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 funds.
S e c . 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.
S e c . 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 b}' the applicant for employ
ment, shall be deemed guilty of a misdemeanor, and shall, on conviction, be
punished by a fine of not exceeding one thousand dollars nor less than one hundred
dollars, or confined in the county jail workhouse no longer than one year nor less
than sixty days, or shall be punished by both such fine and imprisonment.

MONTANA
REVISED CODES, 1935
C hapter

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 follows:
*
*
*
*
*
*
*
4. For each keeper of an intelligence office, $10 per quarter.
C hapter

321.— 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.

186553*—37---- 12

172

LAWS RELATING TO EMPLOYMENT AGENCIES

S e c . 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
to said county treasurer of a fee of five dollars annually for such employment
agencies.
S e c . 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
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 three thousand dollars, with two or more sufficient
securities, and conditioned that the obligor will not violate any of the duties,
terms, conditions, provisions, or requirements of this act.
S e c . 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.
S e c . 4164. Fees.'— The fees charged applicants for any employment shall not
exceed the sum of three dollars. 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 applicants failure to
obtain help or employment.
S e c . 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
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 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.
S e c . 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.
S e c . 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.
S e c . 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.

TEXT OF THE LAWS

173

S e c . 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 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 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 con
stitute a misdemeanor punishable by a fine of not less than one hundred dollars
nor more than five hundred dollars, or imprisonment for a period of not more than
ninety days, or by both such fine and imprisonment.

NEBRASKA

COM PILED STATUTES, 1929
C hapter

48, A r t ic l e 5.— Employment agencies

S e c t io n 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 employes. 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
ployes and the amount paid by him to such employes.
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 fifty dollars 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 transferable.
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 judgement 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.

174

LAWS RELATING TO EMPLOYMENT AGENCIES

S e c . 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.
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.
S e c . 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
6 [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 advertising
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 name of
such applicant, date of payment, and character of position or help applied for.
Such registration fee shah be returned to said applicants on demand, after thirty
days and within sixty 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 employment 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 percent 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 applicant 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

TEXT OF THE LAWS

175

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 addition
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 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 secretary 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 applicant 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.
S e c . 4&-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 [48-507].
The receipt shall plainly show the amount of the fee, all commissions and ex
penses 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 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 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.
S e c . 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 fifty dollars 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.
S e c . 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 fifty dollars nor more than one hundred dollars 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 thirty
days nor more than three months and no license to operate an employment agency
shall be issued to such party.
S e c . 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.
S e c . 48-514. Definitions.— The term 1‘employment’ * or “ work,” whenever
used in this act, shall be construed to mean manual or mechanical labor, clerical,
domestic, or professional service.

176

LAWS RELATING TO EMPLOYMENT AGENCIES

Sec. 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.
NEVADA
COM PILED LAWS, 1929
Regulation of employment agencies
S e c t io n 2835. Definitions.— S e c . 1. 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.— Sec. 2. No person shall open, keep, operate or maintain
an employment agency in this State without first obtaining a license therefor as
provided 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 employ
ment agency. Any person who shall open, keep, operate, or maintain such em
ployment agency without first procuring said license shall be^ guilty of a misde
meanor and upon conviction thereof shall be punished by imprisonment in a
county jail not to exceed six months, or by a fine not exceeding three hundred
($300) dollars, or by both such fine and imprisonment.
S e c . 2837. Application.— S e c . 3. 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 build
ing 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 application. Such application shall be accompanied by the affidavits of
at least twx> reputable residents of the city to the effect that the applicant is a
person of good moral character.
S e c . 2838 (as amended 1931, ch. 45) .4 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.— Sec. 5. Every person licensed under the provisions of this
act to carry on the business of an employment agency shall pay to the labor com
missioner a fee of fifty ($50) dollars before such license is issued and thereafter
an annual fee of fifty ($50) dollars 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
one thousand ($1,000) dollars 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 conditioned
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 per4 See pocket Supp. to Comp. L., 1929, vol. 2.

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177

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.
S e c . 2840. Claims.— S e c . 6. 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
deposited 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
intent 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.
S e c . 2841. Register.— Sec. 7. It shall be the duty of every licensed person to keep
a register in which shall be entered the date of 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 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.— S e c . 8. 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 commissioner may prescribe.
S e c . 2843. Receipts.— S e c . 9. 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.
S e c . 2844. Orders.— S e c . 10. No such licensed person shall accept a fee from any
applicant for employment, or send out any applicant for employment without hav
ing obtained, either orally or in writing, a bona fide order therefor. In case the
applicant 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.

178

LAWS RELATING TO EMPLOYMENT AGENCIES

S e c . 2845. False statements.— S e c . 11. No licensed person conducting an employ
ment agency shall publish or cause to be published any false or fradulent or mis
leading 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.
S e c . 2846. Children; strikes; dividing fees.— S e c . 12. 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 such child in any employment whatever in violation
of the child-labor law. No licensed person shall send an applicant to any place
where a strike, lockout, or other labor trouble exists without notifying the appli
cant 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 corporation to which
help is furnished.
Sec. 2847. Records.— Sec. 13. The labor commissioner shall furnish to each
licensed employment agency blank books upon which their records shall be kept
as provided in this act, together with forms of receipts and necessary blanks upon
which reports shall be made to the labor commissioner.
S e c . 2848. Accounts.— S e c . 14. The labor commissioner shall, at the end of each
month, 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 ex
penses incurred in printing blanks, books, and receipts to be furnished to such
employment agencies by said labor commissioner.
S e c . 2849. Enforcement.— S e c . 15. It shall be the duty of the labor commis
sioner 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 accord
ance with the law.
S e c . 2850. Violations.— S e c . 16. 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 (6) months
or by a fine not exceeding three hundred ($300) dollars, or by both such fine and
imprisonment.
Employment offices— False representation

S e c t i o n 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.
NEW HAMPSHIRE
PUBLIC LAWS, 1926

C h a p t e r 179.— Private employment offices
S e c t i o n 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.
S e c . 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 . 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

TEXT OF THE LAWS

179

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.
S e c . 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 two dollars, as the board shall
deem reasonable.
S e c . 6. 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.
S e c . 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 COM PILED STATUTES
Employment agencies
S e c t io n 67-9 (as amended 1928, ch. 283).5 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.
S e c . 67-10 (as amended 1928, ch. 283).8 Exemptions.— The provisions of this act
shall not apply to employment agencies which procure employment for persons as
teachers or in technical or executive positions exclusively in recognized institu
tions, 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, cor
porations, or associations for the purpose of securing help for themselves where
no fee is charged the applicant for employment or to departments maintained
by either federal, State, municipal or charitable agencies where no fee is charged.
S e c . 67-11 (as amended 1928, ch. 283).8 License.— (a) No person shall open,
keep, or carry 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 fifty dollars
and not more than two hundred and fifty dollars or by imprisonment of not more
than one year or both at the discretion of the court.

* See 1925-30 S u p p lem en t to C om p iled S ta tu tes.

180

LAWS RELATING TO EMPLOYMENT AGENCIES

(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 thirty 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
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,
of 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 one thousand dollars 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.
(ig) 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
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 . 67-12. 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 oe en
tered, 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 employers 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 language, the name and address of every applicant accepted for help, the

TEXT OF THE LAWS

181

date of such application, kind of help requested, the names of the persons sent,
with the designation of the one employed, the date of employment, the amount of
the fee received and the rate of wages agreed upon. The aforesaid register of ap
plicants 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
employees, shall make any false entry in such registers.
(b)
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,
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 (as amended 1928, ch. 283).8 Fees.—-(a) Every employment agent
shall file with the Commissioner 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 Commissioner 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
erson shall divide, directly or indirectly, fees with any person securing help, or
is 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 ot the applicants' 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 employee's fault,
another position shall be furnished, or three-fifths of the fee returned to the 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 appjied 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
receipt stating the name and address of said applicant, the date and amount of the
fee, and the kind ol 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,

* See 1925-30 S u p p lem en t to C o m p iled S ta tu te s.

182

LAWS RELATING TO EMPLOYMENT AGENCIES

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 lan
guage which he is able to understand.
S e c . 67-16 (as amended 1928, ch. 283).5 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 any person of bad character, prostitutes, gamblers, intoxicated
persons, or procurers 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 com
pel any person to enter such agency, for any 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 the person so
violating shall be guilty of a misdemeanor and shall be punishable by a fine of not
less than fifty dollars and not more than two hundred and fifty dollars, 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 (as amended 1928, ch. 283).5 Enforcement.— The enforcement of this
act shall be entrusted to the Commissioner of Labor, who shall cause to be made
at least bimonthly visits to every such agency by such inspectors he shall desig
nate 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 pre
sented 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 twelve 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 (as amended 1928, ch. 283).5 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 twenty-five dollars,
which penalty shall be sued for and recovered by and in the name of the Com
missioner of Labor. Every district court in any city or judicial district in any
8 See 1925-30 S u p p lem en t to C om p iled S ta tu tes.

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183

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 judgment in the matter
without the filing of any pleadings for the plaintiff for the recovery 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 refuse 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 one hundred 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:

State

Jer sey

County o f ------------------ ,

ss:

Be it remembered that on th is---------------- day o f ----------------- a t ----------------- in
aid 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 th e ---------------- 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 by ---------------- and further, that the witnesses in said
proceeding, who testified for the plaintiff were (name them) and the witnesses who
testified for the defendant were (name them) wherefore, the said court doth here
by give judgment that the plaintiff recover of the defendant---------------- dollars,
penalty a n d ---------------- 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
0| ---------------- 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 com
mitment.
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 first 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.
S e c . 6 7 -2 0 . Appointment.— All inspectors, department clerks, or other assistants
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

184

LAWS RELATING TO EMPLOYMENT AGENCIES

“ An act regulating the employment, tenure and discharge of certain officers
and employees of this State, and of the various counties and municipalities therof,
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 commsisioner
of labor.
NEW YORK

CAHILL’S CONSOLIDATED LAWS, 1930

C h a p t e r 21, A r t i c l e 11.-—Private employment agencies
S e c t i o 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 alumnse 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,
employment or engagement may be procured, where a fee or other valuable con
sideration 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 employmentof
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

TEXT OF THE LAWS

185

the difference between the am ou n t of m oney received b y any such person who
furnishes em ployees, performers or entertainers for circus, vaudeville, theatrical
and other entertainm ents, exhibitions or performances, and the am ount paid b y
him to the said em ployees, performers or entertainers w hom he hires or provides
for such entertainm ents, exhibitions or performances.
8.
T h e term “ privilege” m eans and includes the furnishing of food, supplies,
tools, or shelter to contract laborers, com m only known as com m issary privileges.
S e c . 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
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 twenty-five dollars and not more than two hundred and
fifty dollars 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.
S e c . 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
posted in the said office, a written protest against the issuance of such license.
Such 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 cafes and restaurants in office buildings.
S e c . 175. Contents.■
—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
js obtained from the mayor or commissioner of licenses, as hereinafter provided.

186

LAWS RELATING TO EMPLOYMENT AGENCIES

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
licenses. 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
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 twenty-five dollars 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 one thousand dollars with two or more sureties
or a duly authorized surety company, to be approved by the mayor or the com
missioner 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 one hundred
and seventy-seven 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 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 commissioner 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 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

TEXT OF THE LAWS

187

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
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 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
applicant as employer.
S e c . 181. Statements to he 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.
Sec. 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.
S e c . 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
1 3 6 5 5 3 °— S7— —13

188

LAWS RELATING TO EMPLOYMENT AGENCIES

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
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 percentum 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 five per centum of the first year’s salary, except when the employment or
engagement is of a temporary nature, not to exceed in any single contract one
month, then the fee shall not exceed ten per centum 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 five per centum of the wages or salary of the engage
ment when the engagement is less than ten weeks; and an amount of five per centum
of the salary or wages per week for ten weeks of a season’s engagement constituting
ten 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
five per centum of the salary or wages paid. The gross fees for a theatrical engage
ment, 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 twenty-five dollars and not more
than two hundred and fifty dollars, 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

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189

agenqy 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 thirty 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.
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.
S e c . 1S7. 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 one hundred and eightyfive, one hundred and eighty-six, and one hundred and eighty-seven, in the
English language and in any language which the person to whom the receipt is
issued can understand.
S e c . 188. Law to be posted.— Every licensed person shall post in a conspicuous
place in each room of such agencv sections one hundred and seventy-eight, one
hundred and eighty, one hundred and eight-one, one hundred and eighty-two.
one hundred and eighty-three, one hundred and eighty-five, one hundred and
eighty-six, one hundred and eighty-seven and one hundred and eighty-nine, 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 enforcement
of this article in such city.
S e c . 189. False statements, etc.— No licensed person conducting any employment
agency shall publish or cause to be published any false or fraudulent or mis
leading 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.
S e c . 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

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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 cafes 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 twentyfive dollars, and not more than two hundred and fifty dollars, or imprisonment
for a period of not more than one year, or both, at the discretion of the court.
S e c . 191. Enforcement.— 1. In cities of the second and third class and in cities
of the first class having a population of less than three hundred thousand, 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 three hundred thousand or
more, the enforcement of this article so far as it relates to such cities shall be
intrusted to a commissioner to be known as a commissioner of licenses, who shall
be appointed by the mayor, and whose salary, together with those of a deputy
commissioner, and inspectors to be appointed by him, shall be fixed by the board
of estimate and apportionment. Said commissioner of licenses and deputy com
missioner shall have no other occupation or business. The commissioner of
licenses shall appoint inspectors, who shall make at least bi-monthly 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 one hundred and seventy-four shall be had before the mayor or commis
sioner 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 calen
dar of all hearings shall be kept by the mayor or commissioner of licenses and shall
be posted in a conspicuous 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.
S e c . 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
twenty-five dollars, 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 per
son, so offending for a period not exceeding thirty days. The said mayor or com
missioner 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.

T E X T OF THE LAW S

191

NORTH CAROLINA

M ICH IE’S CODE, 1935

S e c t i o n 7312 (n). Definition.— Employment agency within the meaning of this

article 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
employee or employer for the service.
S e c . 7312 (o). License.— No person, firm, or corporation shall engage in the
business of operating any employment agency, as designated in section 7312 (n),
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.
S e c . 7312 (p). Regulation.— The Commissioner of Labor and Printing is author
ized and empowered to make general rules and regulations in relation to the licens
ing of such employment agencies and for the general supervision thereof in accord
ance with this act.
S e c . 7312 (q). Inspection.— The Commissioner of Labor and Printing is author
ized and empowered by himself, his assistant, or agents, duly authorized by him to
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.
S e c . 7312 (r). Hearings.— The Commissioner of Labor and Printing, his assist
ant 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.
S e c . 7312 (s). 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 wit
ness 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.
S e c . 7312 (t). Records.— The Superior Court shall, on the application of the
Commissioner 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.
S e c . 7312 (u). 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 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 expendi
tures incurred in administering this act.
S e c . 7312 (v). Violations.— Any person, firm, or corporation conducting an
employment 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
five hundred dollars, or imprisonment of not less than six months, or both; and if
a corporation, by a fine of not less than five hundred dollars and not more than
one thousand dollars.

192

LAWS RELATING TO EMPLOYMENT AGENCIES

S e c . 7312 (w). Public agencies excepted.— This act shall not in any manner
affect or apply to any employment agency operated by the State of North Caro
lina, the Government of the United States, or any city, county or town, or any
agency thereof.
S e c . 7312 (x). 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
Private employment offices
S e c t io n 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 one
hundred dollars ana 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).
S e c . 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.
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 service
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 one hundred dollars payable to the industrial commission and by a
sufficient bond payable to the State of Ohio, in the penal sum of one thousand
dollars ($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

TEXT OF THE LAWS

193

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 busi
ness to any place other than that specified in the license without first obtaining
the written consent of the industrial commission and no license shall be effective
for any place of business other than that designed [designated] therein.
S e c . 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 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 industrial
commission of Ohio upon a form prescribed and furnished by said industrial
commission, a report covering the work of the preceding calendar month.
S e c . 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.
(5) No prostitute, gambler, intoxicated person, procurer, or other bad character
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
employment 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.
(/) No person conducting an employment agency shall circulate any false in
formation by advertisements, signs, letters, posters, cards, or in any other way;
or make any false statements or misrepresentations to any person seeking em
ployment, 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.

194

LAWS RELATING TO EMPLOYMENT AGENCIES

(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 regu
lations 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 employ
ment agency is located to alleged jobs or positions which did not exist or to jobs
or positions where conditions were misrepresented.
S e c . 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 on^ hundred dollars ($100.00) nor more than five hun
dred dollars ($500.00) and cost of prosecution; and for the second or any subse
quent offense, he shall be fined not less than two hundred dollars ($200.00) nor
more than one thousand dollars ($1,000.00) and costs of prosecution.
S e c . 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
section 18 shall be fined for the first offense not less than twenty-five dollars
($25.00) nor more than five hundred dollars ($500.00) and costs of prosecution;
and for the second or any subsequent offense, he shall be fined not less than one
hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and costs
of prosecution.
S e c . 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.
S e c . 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.
S e c . 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.
S e c . 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.
S e c . 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, rep
resentative, or employee of said agency within the scope of the business of the
agency, as well as all parties personally participating in such violations.
S e c . 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.

TEXT OF THE LAWS

195

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.
S e c . 896-16. [This section merely provides that any part or section o f the act
held void shall not affect any other part or section of the law.]
S e c . 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 d o 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.
S e c . 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 twenty-five
dollars nor more than one hundred dollars and the costs of prosecution; and for
the second or any subsequent offense not less than one hundred dollars nor more
than five hundied dollars and the costs of prosecution.
S e c . 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.
S e c . 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 pay
ment 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 person or persons entitled thereto.
S e c . 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
A

r t ic l e

1 .— S t a t e

hapter
and

52.— Labor

r iv a t e

m ploym ent

g e n c ie s

S e c t i o n 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, without first
obtaining a license for the same from the commissioner of labor, and such license
fee shall be five dollars. Such license shall be of force for one year, but may
be renewed from year to year upon the payment of a fee of five dollars 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 two hundred and fifty dollars, 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 commis
sioner 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,

196

LAWS RELATING TO EMPLOYMENT AGENCIES

upon a full hearing, any license whenever, in their judgment, the party licensed
shall have violated any of the provisions of this article.
S e c . 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 case exceed the sum of two dollars, 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 thirty days
after the expiration of the period aforesaid.
S e c . 10815. Enforcement.— It shall be the duty of the commissioner of labor,
to enforce this article, and when informed of any violation thereon, 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
and 3724 (10813-10815) shall be guilty of a misdemeanor and shall be fined not
less than fifty dollars, nor more than one hundred dollars for each offense, 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 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 guilty of a felony and shall be punished by a fine of not less than
one thousand dollars nor more than five thousand dollars, and be confined in the
penitentiary not less than two years nor more than ten.
S e c . 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 employ
ment or help: Provided, that charitable organizations not charging a fee shall not
be included in said term.
S e c . 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 fifty ($50) dollars
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 Commissioner of Labor shall be at
once notified and the license corrected accordingly. No such license shall be
transferable.
S e c . 10818. Bond.— The Commissioner of Labor shall require with each appli
cation for a license a surety bond in the penal sum of five hundred ($500) dollars,
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 Commissioner 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.
S e c . 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

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197

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 obediance by attachment proceedings as for contempt.
S e c . 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.
S e c . 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.
S e c . 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.
S e c . 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.
S e c . 10824. Limitation of fees.-—'The fee for procuring employment or help shall
not exceed five (5 %) per cent of the first month's wages, where the employment is
for one month or more. In all other cases the maximum fee shall not be more
than one ($1) dollar, 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
compensation 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.
S e c . 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 em
ployees are furnished, shall be guilty of a misdemeanor and shall be fined not less
than fifty ($50) dollars nor more than one hundred ($100) dollars for each offense,
or be imprisoned in the county jail for a period not exceeding six months, at the
discretion of the court.
S e c . 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.
S e c . 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 Two
(2) and Twelve (12) [10818 and 10828] of this act.
S e c . 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

198

LAWS RELATING TO EMPLOYMENT AGENCIES

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 fifty ($50) dollars, nor more than one hundred
($100) dollars for each offense.
S e c . 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.
S e c . 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].
S e c . 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
fifty ($50) dollars nor more than one hundred ($100) dollars, 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 thirty 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 State
treasury.
OREGON
CODE OF 1930
C

hapter

8 . — Private employment offices

S e c t i o n 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.”
S e c . 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 thirty (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 ten
(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 exer
cising an employment agent’s license according to the terms of this act. Upon
receipt of such application 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,

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199

The commissioner of labor or his deputies may administer oaths, subpena
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
license, and upon proper hearing may refuse to grant a license. Each application
shall be granted or refused within thirty (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 appli
cant 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 sufficient 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 deceiving 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 licensee shall employ or permit any person to operate an
employment agency under such license except a bona fide clerk or employee re
ceiving a stated salary or wage, who shall, before entering upon such employment,
obtain from the commissioner 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 em
ploye, 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
employe shall honestly and 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.
SUPPLEM ENT (1935) TO CODE 1930
S e c t io n 49-803. Fees.— No person acting as an employment agent or conduct
ing the business of an employment agency shall charge or collect as a fee or com
pensation 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 fifty dollars ($50.00) per month, the fee or compensation of the
employment agent shall not exceed five (5) per cent of one month’s earnings in
said position, and where the salary or wages of the position secured is more than
fifty dollars ($50.00) and not to exceed one hundred dollars ($100.00) per month,
the fee or compensation shall not exceed five dollars ($5.00) and where the salary
is more than one hundred dollars ($100) per month the fee shall not exceed seven
dollars and fifty cents ($7.50).
Second, for positions for males where the salary or wages of the position secured
is not to exceed sixty dollars ($60.00) per month the fee or compensation of the
employment agent shall not exceed five (5) per cent of one (1) month’s earnings
in said position.
Third, for positions for males where the salary or wages of the position secured
is more than sixty dollars ($60.00) and not to exceed one hundred dollars ($100)
per month, the fee or compensation of the employment agent shall not exceed five
dollars ($5.00.)
Fourth, for positions for males where the salary or wages of the position secured
is more than one hundred dollars ($100) per month, the fee or compensation shall
not exceed seven dollars and fifty cents ($7.50.) In no case shall board be included
as part of the salary or wages.
S e c . 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

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LAWS RELATING TO EMPLOYMENT AGENCIES

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 a period of one (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:
P o p u la tio n

L ic e n se

B on d

Cities of 100,000 and over_____________________$100. 00
$3, 000
Cities of 50,000 to 100,000___________________
100. 00
2, 000
Cities of less than 50,000____________________
50. 00
1, 000
If the employment agency for which 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
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 fifty dollars ($50.00)
as annual license fee and furnish bond in the sum of one thousand dollars ($1,000).
Of the fund made up of the license fees as provided herein, six hundred dollars
($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, employees or employment agencies.
CODE OF 1930
S e c t io n 49-805. Receipts; records.— Every employment agent shall, upon receiv
ing 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:
i

Received fr o m ------------------------------- , 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 ---------------- with --------------------------------- at ----------------- wages a n d ----------------- 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
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 (2) days, we
promise to refund the amount paid as fee, and if the employee is discharged after
two (2) days and within six (6) 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 tne applicant by
either employer or the employment agent, the said applicant shall recover only

TEXT OB" THE LAWS

201

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.
S e c . 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.
S e c . 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 TH E E M PLO Y E S
(Kindly fill out the blank below and return this receipt to the applicant in case
you 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 ---------------------------------S e c . 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 f^r 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 9 door or passageway with a saloon or place in which
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 twenty-five dollars ($25) nor more than two hundred
dollars ($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 concur
rent jurisdiction in all cases arising out of a violation of this act.
S e c . 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.

202

LAWS RELATING TO EMPLOYMENT AGENCIES

S e c . 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.
S e c . 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 to the circuit
court for Marion County. Said appeal shall be taken by serving a notice of appeal
and giving a bond in the sum of five hundred dollars ($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 disbursements 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
PURDON’S STATUTES, 1936
T it l e

43.— Private employment offices

S e c t io n 501 (as amended 1937, Act No. 240). Definitions.— The following terms
shall, unless the context otherwise indicates, have the following respective mean
ing: (a) The term “ employment agent’7 shall mean every person, copartnership,
association, or corporation engaged in the business of, or maintaining an agency
for, assisting employers to secure employes, and persons to secure employment,
of whatever nature, or of collecting and furnishing information regarding employ
ers seeking employes 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 Commonwealth, or his duly authorized deputy or representative,
(c) The term “ department” 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 employment 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, asso
ciations, copartnerships and corporations. (/) The term “ employer” as used in
this Act means any person employing or seeking to employ any person for hire.
(g) The term “ employee” as used in this Act means any person performing or
seeking to perform work or service of any kind or character whatsoever for hire.
S e c . 502 (as amended 1937, Act No. 240). 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 employes for themselves or their members, and which charge
no fee to applicants for employment. (b) Theatrical or entertainment producers
and managers assembling, managing and directing their own performances at
their own expense and who charge no commissions or fees directly or indirectly,
(c) Bureaus or agencies procuring employment for school teachers, without
charge, (d) Bureaus or agencies procuring employment for registered nurses,
without charge, (e) Employment bureaus maintained by this Commonwealth.
(/) Employment bureaus maintained by the United States of America within this
Commonwealth, (g) Employment bureaus or agencies maintained by any asso
ciation of manufacturers within the Commonwealth for the purpose of obtaining
employes for their members, and which charge no fee to applicants for employ
ment: Provided, however, That persons excluded from licensure under this section
shall register with the department as hereinafter provided.
S e c . 503. License.— It shall be unlawful for any employment agent, on or after
the thirtieth day of September, one thousand nine hundred and twenty-nine, to
operate as such in this Commonwealth, unless such employment agent be the
holder of a license as in this act provided.

TEXT OF THE LAWS

203

S e c . 504. 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. (b) 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.
S e c . 505. 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.
S e c . 506. Refusal.— After such hearing, the secretary may refuse to grant a li
cense to the applicant, for any one of the following reasons: (a) That the applicant
is not of good character or reputation. (6) 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
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.
S e c . 507. 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.
S e c . 508. 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.
1 3 6 5 5 3 °— 37-------14

204

LAWS RELATING TO EMPLOYMENT AGENCIES

All actions upon bonds given under this act shall be in the same manner as
actions upon official bonds.
S e c . 509. 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 ail 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.
S e c . 510. Revocation, etc.— The secretary shall institute proceed'ngs, 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 securing
of the license. (b) 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 finally revoked, the secretary shall not, within
one year of such revocation, issue another license to such person, or his representa
tive, 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.
S e c . 511. Foreign agencies.— No foreign employment agent, or other person,
shall enter this Commonwealth and attempt to hire, induce, or take from this Com
monwealth any labor, singly or in groups, for any purpose, without first filing, in
the 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 five
dollars, and receive therefor from the secretary a certificate recognizing his right
to do business in this Commonwealth.
S e c . 512 (as amended 1937, Act No. 240). 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

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205

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, and in case
of applicants under twenty-one years of age for employment, the age of the appli
cants and the names and addresses of parents or guardians, a similar record of all
applications of persons seeking employes, 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 of the employment agent, whenever possible, to communi
cate, orally or in writing, with at least one of the persons mentioned as reference
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.
S e c . 513. 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.
S e c . 514. Employment card.'—Every employment agent shall give to each
applicant for employment a card or paper, containing, in printed, typewritten oi
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. (/) The time of such services, if definite
and, if indefinite, to be so stated. (g) The name and address of the person
authorising 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.
S e c . 515. 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. (6) 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 of portions of this act.
S e c . 516. 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.
(6) Names and addresses of the persons to be employed, (c) Nature of the
work to be performed. (d) Hours of labor. (e) Wages offered. (J) 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.
S e c . 517. 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.
S e c . 518. 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.
S e c . 519. 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

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LAWS RELATING TO EMPLOYMENT AGENCIES

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.
S e c . 520. Registration of exempted class.— Persons operating under the exempted
classes, as set forth in section 26 hereof, and persons classified under section 117
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.
S e c . 521. 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.
S e c . 522. Acts prohibited.— 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.
S e c . 523. False statements.— 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 means
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, concerning an engagement or employment, to any appli
cant who shall register or apply for an engagement or employment or help.
S e c . 524. Child labor.— 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 employment whatever, in violation of the child labor laws of this
Commonwealth, excepting 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.
S e c . 525. Use of force.— 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.
S e c . 526. Fraud, etc.— No employment agent shall send, or cause to be sent, any
female as a servant, employee, inmate, entertainer or performer, or any male as
employe 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 purpose of prostitution, or gambling house the character of
which such licensed person could have ascertained upon reasonable inquiry.
S e c . 527. Character of employer.— No employment agent shall send out any
female applicant for employment without making a reasonable effort to investigate
the character of the employer.
S e c . 528. Sale of intoxicating liquors.— No employment agent shall send any
female, as an entertainer or performer, 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 assembled as an audience, or otherwise, in such place, or in any
rooms or building adjacent thereto.
S e c . 529. Frequenters of agency.— No employment agent shall knowingly permit
any persons of bad character, prostitutes, gamblers, intoxicated persons, or
procurers to frequent his place of business.
S e c . 530. Violations.— Violation of any of the foregoing provisions, as well as
any other of the provisions of this act, shall be grounds for the refusal to grant,
refusal to renew, revocation 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.
S e c . 531. 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 26 of this act or under section l l 7 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
6 Sec. 502 of th is title .
7 Sec. 511 of th is title.

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207

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. 532 (as amended 1937, Act No. 240). Violations.— Any person who violates
any of the provisions of paragraphs (e), (J), (g), or (/i),8 of section 22 of this act,
shall be guilty of a misdemeanor 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.
P H IL IP P IN E IS L A N D S

ACTS OF 1932
V olume 28
A ct No. 3957.— Private employment 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:
(а) “ Person” not only means an individual human being but also any corpora
tion, company, or association.
(б) “ 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.
(f ) “ Licensee” 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
• Pars. ( e ), ( /) ,

(g),

an d (h ) are n o w secs. 526-529, in clu siv e.

208

LAWS RELATING TO EMPLOYMENT AGENCIES

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.
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), (6),
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 agen
cies 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 regu
lations, 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 ac
cordance with the following schedule:
(a) If the agency is to be established in the city of Manila, he shall pay a tax
of 100 pesos per annum;
(b) 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 twenty-four hundred and eighty-six, he shall pay a tax of fifteen hun
dred pesos if it is to be established in the Provinces, and of twenty-five hundred
pesos if it is to be established in the city of Manila;
(d) In addition to the taxes above mentioned, the sum of twenty-five 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. Monies payable to treasury.— All monies 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 thirty-first 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

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209

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.
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 ac
knowledgment 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 twenty centimeters
by thirty centimeters, in type not smaller than eighteen 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 twenty 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 twenty per
centum of the monthly wages until such fees shall have been paid in full.
(2) That likewise, seventy-five per centum of the money paid by an applicant
for employees, laborers, or workmen will be refunded if he has not been accommo
dated within fifteen 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 fifteen days or refund to the
interested party seventy-five per centum of the fees received.
Sec. 16. Content of receipt.— Any receipt issued to an applicant shall have sec
tion fifteen 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

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LAWS RELATING TO EMPLOYMENT AGENCIES

well as their offices, buildings, and barracks, and records, books, and other docu
ments, 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:
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:
(a) 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.
(b) 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 twenty-five pesos nor more than two hundred pesos,
or by imprisonment for not less than one month nor more than six months, or both,
in the discretion of the court: Provided, That in case of the violation of subsection
(J) of the next preceding section, the penalty shall be imprisonment for not less
than six months nor more than six 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 of
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.
Sec. 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.
R H O D E IS L A N D

GENERAL LAWS, 1923
C hapter 51

(747) Section 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 for, or furnishing information concerning places of employment 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 information 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 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 employ-

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211

ment 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 conviction thereof, shall be fined not exceeding
$20 for each offense.
SOUTH

DAKOTA

COM PILED LAWS, 1929
C h a p t e r 7 , A r t i c l e 5 . — Private

Section 1107A. Section

employment offices

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 commis
sioner, 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 the last day of April of each year. Every license shall contain a desig
nation 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 trans
ferable: Provided, that this act shall not be construed to include teachers' agencies.
Sec. 1107B. Sec. 2. Bond.— The industrial commissioner shall require with
each application for a license a surety bond in the penal sum of two thousand
dollars ($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 conditions and he may revoke upon a full hearing any
license whenever in his judgment the party licensed shall have violated any of the
provisons 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. Sec. 3. 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 period of six months from the date
of said cancellation.
Sec. 1107D. Sec. 4. Signs.— 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 United States Employment Service.
Sec. 1107E. Sec. 5. 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**^ 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. Sec. 6. 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 pro
curing 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 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 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 5.
Sec. 1107G. Sec. 7. Registration.— No licensed agency shall charge a registra
tion fee for filing or receiving application for help or employment nor on any

212

LAWS RELATING TO EMPLOYMENT AGENCIES

agreement to furnish employment or help. Monthly reports shall be made to
the industrial commissioner upon forms prescribed by him, showing all registra
tions for employment or help.
S e c . 1107H. S e c . 8. 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 Com
missioner. 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 employ
ment 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.
S e c . 11071. S e c . 9. 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
employees are furnished shall be guilty of a misdemeanor and shall be fined not
less than fifty dollars ($50) or be imprisoned in the county jail for a period not
exceeding three months at the discretion of the court.
S e c . 1107J. S e c . 10. 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.
S e c . 1107K. S e c . 11. 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.
S e c . 1107L. S e c . 12. 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
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 fifty dollars ($50) nor more than one hundred dollars ($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 amuse
ment kept for immoral purposes, shall be punished by imprisonment for not less
than thirty days nor more than three months and no license to operate an employ
ment agency shall again be issued to such party.
S e c . 1107M. S e c . 13. Fee disposition.— All moneys paid to the industrial com
missioner for license fee under this act, shall be paid over by him to the State
Treasurer.
S e c . 1107N. S e c . 14. 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.
S e c . 11070. S e c . 15. 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

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, fifty
S e c t io n

TEXT OF THE LAWS

213

dollars per annum; in cities and towns less than 25,000 and more than 5,000 inhabi
tants, twenty-five dollars per annum; in all cities or towns less than 5,000 inhabi
tants, ten dollars 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.
S e c . 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.
S e c . 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.
S e c . 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
sureties or one 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.
S e c . 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.
S e c . 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.
S e c . 6700. Frauds 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.
S e c . 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.
S e c . 6702. Shipping 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.
S e c . 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.
S e c . 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.
S e c . 6705. Same.'— Every licensed agency, as provided, which shall agree or
promise, or which shall advertise in the public press, or otherwise 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 consideration, and who shall fail to procure for such person or
persons the situation or employment applied for, within the time provided, shall
return to such person such money, personal property, or other valuable consid
eration as provided for in the preceding section.
S e c . 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 twenty-five dollars nor more than fifty dollars, or by imprison
ment in the county jail for not less than ten days nor more than three months, or
by both fine and imprisonment in the discretion of the court. In addition to the
above imprisonment the license granted to such person shall be revoked, and no

214

LAWS RELATING TO EMPLOYMENT AGENCIES

subsequent license shall be granted to such person for a period of three months
thereafter.
S e c . 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.
S e c . 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 one hundred dollars
nor more than two hundred and fifty dollars.
S e c . 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.
TEXAS

VERNON’S STATUTES, 1936
T it l e
C hapter

7.— Employment agents

1584. (p. 1833.) 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 employes, and
persons to secure employment, or of collecting information regarding employers
seeking employes, 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 r t . 1585. (p. 1833.) 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 gov
ernment of this State, nor to any person, firms, 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 appli
cant for help or the applicant for employment; nor to farmers and stockraisers
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 r t . 1586. (p. 1833.) Operating without license.— Whoever engages in the busi
ness of an employment agent or conducts an employment office, without first pro
curing a license therefor, as required by law, shall be fined not less than fifty nor
more than two hundred and fifty dollars, 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 without first procuring such license shall be a
separate offense.
A r t . 1587. (p. 1833.) Records to be kept.— Every licensed employment agent
shall keep and maintain an office at which a complete record of the business trans
acted 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 r t ic l e

TEXT OF THE LAWS

215

(p. 1833.) Prohibition 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.
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 r t . 1589. (p. 1834.) Fees.— Where a fee is charged for obtaining employment,
such fee in no event shall exceed the sum of three ($3.00) dollars, which may be
collected from the applicant only after employment has been obtained and ac
cepted by the applicant; provided, however, employment agents engaged ex
clusively in providing employment for skilled, professional or clerical positions
may charge, with the written consent of the applicant, a fee, not to exceed 20
percentum (20%) of the first month’s salary.
A r t . 1590. (p. 1834.) 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 r t . 1591. (p. 1834.) Posting of license.— Every employment agent shall keep
conspicuously 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 r t . 1592. (p. 1834.) Violations.— Whoever violates any provisions of the five
preceding articles of this chapter shall be fined not less than twenty-five nor more
than two hundred dollars.
A r t . 1593. (p. 1834.) 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 fifty nor more than two hundred and fifty dollars, or be
imprisoned in jail not to exceed one year, or both.
A r t . 1588.

T itle 83
C

h a p t e r

13.— Employment agents

A r t i c l e 5208. (p. 973.) 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 r t . 5209. (p. 974.) 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 main
tained 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-

216

LAWS RELATING TO EMPLOYMENT AGENCIES

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 r t . 5210. {p. 974.) Applications.— Application and bond for private employ
ment 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
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
one hundred and fifty dollars 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 five thousand dollars, payable to the
State of Texas, for each county where an 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 r t . 5211. (p. 974.) Suits.— Any person injured or aggrieved by any action, con
duct, 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
competent jurisdiction, without the necessity of making the State a party thereto;
where the bond has become impaired by recoveries thereon to the extent of fifty
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 r t . 5212. (p. 974.) Canceling licenses.— The Commissioner shall have the au
thority, 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
obtained 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 Com
missioner 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

TEXT OF THE LAWS

217

complained against. The employment agent so complained against shall have at
least ten 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 thirty 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
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 Commissioner in canceling the said license shall be suspended for a
period of thirty 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.
Art. 5213. (p. 975.) 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.
Art. 5214. (p. 975.) 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 adver
tise his agency by means of cards, circulars, signs or in newspapers or other pub
lications 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 letter
heads or blanks not containing the name of such employment agent and the address
of his employment office.
Art. 5215. (p. 975.) Fees.— Where a fee is charged for obtaining employment,
such fee in no event shall exceed the sum of three dollars, 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 twenty per cent of the first
month’s salary.
A rt. 5216. (p. 975.) Receipts.— A receipt shall be given to the applicant by the
employment 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
applicant, the amount of the fee paid, the date, the character of the work or the
situation secured, the name of the employer, together with his post-office address
and the location of the work the applicant is to perform.
Art. 5217. (p. 975.) 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 immoral
purposes, the character of which such employment agent could have ascertained by
reasonable diligence.
Art. 5218. (p. 975.) License.— Any application made by an employment agent
for a license, or a certified copy thereof under the hand and seal of the Commis-

218

LAWS RELATING TO EMPLOYMENT AGENCIES

sioner, shall be received as evidence in any court in this State without the neces
sity of proving the execution thereof.
Art. 5219. (p. 975.) Violations.— The commissioner and his deputies, or inspec
tors shall have the authority of peace officers only in making arrests of any person
or persons, 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

Full text of Laws Relating to Employment Agencies in the United States as of July 1, 1937 : Bulletin of the United States Bureau of Labor Statistics, No. 630

FRASER