41-191.10. Misrepresentations by employment agents; definition

A. Every employment agent shall reasonably ensure that any representations, whether spoken, written or advertised in printed form, that the employment agent makes with regard to any employment, work or situation and that lead or may lead persons to seek that employment, work or situation, are true and cover all the material facts affecting the employment in question. Failure to comply with this section is an unlawful practice pursuant to section 44-1522.

B. This section does not include a recognized labor union.

C. For the purposes of this section, " employment agent" :

1. Means all persons, firms, corporations or associations that for a fee, commission or charge collected from persons seeking employment either furnish to persons seeking employment information enabling or tending to enable the persons to secure employment, including vocational guidance or employment counseling services, furnish to employers seeking laborers or other help of any kind information enabling or tending to enable the employers to secure help or keep a register of persons seeking employment or help, whether the agents conduct their operations at a fixed place of business, on the streets or as transients and also whether the operations constitute the principal business of the agents or only a sideline or an incident to another business.

2. Does not mean:

(a) An employer who procures help for himself only.

(b) An employee of such an employer who procures help for him and does not act in a similar capacity for any other employer.

(c) A person, firm, corporation or association that does not charge or collect a fee or commission from a person seeking employment or for assisting that person to obtain employment.

(d) A person, firm, corporation or association that satisfies all of the following:

(i) Is engaged in the business of providing electronic media services.

(ii) Provides classified listings or performs employment research, or both, for employers and persons seeking employment.

(iii) Does not charge or collect a fee or commission for the successful placement of a person seeking employment.