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.

SEC. 9. Registers.-It shall be the duty of every licensed person to keep a register, approved by the commissioner of labor, in which shall be entered, in the English language, the date of the application for employment, the name and address of the applicant to whom employment is promised or offered, or to whom information or assistance is given in respect to such employment; the amount of fee received, and such other information as the commissioner of labor shall require. Such licensed person shall also enter in the same or in a separate register, approved by the commissioner of labor, in the English language, the name and address of every applicant accepted for help, the date of such application, kind of help requested, the names of the persons sent, with the designation of the one employed, the amount of the fee received and the rate of wages agreed upon, and such other information as the commissioner of labor may require. No such licensed person, his agent or employees, shall make any false entry in such registers.

SEC. 10. Inspection.-All registers, books, records and other papers kept pursuant to this act in any employment agency shall be open at all reasonable hours to the inspection of the commissioner of labor and to any of his duly authorized agents or inspectors and every licensed person shall furnish to the commissioner upon request a true copy of such registers, books, records and papers or any portion thereof, and shall make such reports as the commissioner may prescribe. SEC. 11. Receipts.—It shall be the duty of every licensed person conducting an employment agency to give to every applicant for employment from whom a fee is to be received a contract or receipt, in which shall be stated the following particulars: The name and address, and telephone number, if any, of the employment agency; the name and address of the person giving the order for help, the date and consecutive number of the receipt of such order by the agency, and its manner of transmission; the date and consecutive number of issuing the contract; the name of the applicant; the name and address of the person to whom the applicant is sent for employment; the address where the applicant is to report for position; the amount of fee charged and collected from the applicant; the amount of fee, if any, paid or advanced by the prospective employer; the cost of transportation and by whom paid or advanced; the kind of work or employment; the general conditions of employment, with particular regard to sanitary conditions and compliance with labor laws affecting the employment as shown by the statement of the prospective employer; the daily hours of work; the wages or salary, including any other consideration or privilege; whether or not board or lodging, or both, is to be furnished; the employment, to be stated if definite or indefinite, or if temporary or permanent (to be deemed permanent only if lasting beyond 90 days); any other term, condition, or understanding agreed upon between the agency and the applicant must be stated in the contract. If any labor trouble exists at the place of employment the facts thereof must be stated in the contract. There shall be printed on the face of the contract in prominent type the following: "This agency is licensed by the commissioner of labor of the State of California." At the bottom of the contract there shall appear a notice to the effect that the contract is the property of the applicant and must not be taken from him or her, and also a notice directing the employer to state on the reverse side of the contract, in the space to be provided therefor, the fact that he discharged the applicant after employing him or her less than seven days and the number of days of such employment, as the case may be. The licensed person must in such contract undertake to repay the applicant the fee and expenses in the event of failure to procure employment pursuant to the provisions of section 12 of this act, and to refer any controversy between the applicant and the employment agency regarding the terms of the contract to the commissioner of labor for adjustment. Every such contract, or receipt, shall be made and numbered consecutively, in original and duplicate, both to be signed by the applicant and the person acting for the employment agency; the original shall be given to the applicant and the duplicate shall be kept on file at the agency.

The blank forms of contracts and receipts used by such licensed employment agencies shall be uniform and be approved by the commissioner of labor.

Each employer to whom an applicant is sent in response to an application for an employee or employees must state on the reverse side of the contract, in the space provided therefor, the fact that he refused to employ the applicant or discharged 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 complied with, would be in violation of law, or to attempt to fill an order for help to be employed in violation of law.

SEC. 11a. Schedule of fees.-It shall be the duty of every licensed person conducting 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.

SEC. 112. 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 mercantile, 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 compensation otherwise than according to the time of work or service.

This section shall not apply to an association of teachers conducting an employment agency exclusively for the purpose of securing employment for its own members, nor to bona fide schools, having been established for at least three years, securing employment for its own pupils without compensation.

SEC. 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 applicant 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 construed to apply to controversies arising on account of other provisions of this act. In cases where the applicant paying or agreeing to pay a fee is sent beyond the limits of the city in which the employment agency is located, such licensed agency shall, in addition to repaying any fee paid, reimburse the said applicant for any actual expenses incurred in going to and returning from any place where such applicant has been sent: Provided, however, where the applicant is employed and

the employment lasts less than seven days by reason of the discharge of the 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 adequate.

SEC. 13. False information, etc.-No licensed person conducting an employment agency shall publish or cause to be published any false or fraudulent or misleading information, representation, notice or advertisement; all advertisements of such employment agency by means of cards, circulars, or signs and in newspapers and other publications, and all letterheads, receipts, and blanks shall be printed and contain the licensed name and address of such employment agent and the word agency, and no licensed person shall give any false information, or make any false promise or false representation concerning an engagement or employment to any applicant who shall register or apply for an engagement or employment or help. SEC. 14. Sending to certain places; notice of strikes.—No licensed person conducting an employment agency shall send or cause to be sent, any woman or minor under the age of 21 years, as an employee to any house of ill fame or to any house or place of amusement for immoral purposes or to places resorted to for the purpose of prostitution, or gambling houses, the character of which such licensed person could have ascertained upon reasonable inquiry. No licensed person shall send any minor under the age of 18 years to any saloon or place where intoxicating liquors are sold to be consumed on the premises. No licensed person shall knowingly permit any person of bad character, prostitutes, 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.

SEC. 15. Theatrical agencies.-Every licensed person conducting a theatrical employment agency, before making a theatrical engagement, except an emergency engagement, for any person with any applicant for services in any such engagement shall prepare and file in such agency a written statement signed and verified by such licensed person setting forth how long the applicant has been engaged in the theatrical business. Such statement shall be set forth whether or not such applicant has failed to pay salaries or left stranded any companies, in which such applicant and, if a corporation, any of its officers or directors, have been financially interested during the five years preceding the date of application and, further, shall set forth the names of at least two persons as references. If such applicant is a corporation, such statement shall set forth the names of the officers and directors thereof and the length of time such corporation or any of its officers have been engaged in the theatrical business and the amount of its paid-up capital stock. If any allegation in such written, verified statement is made upon information and belief, the 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.

SEC. 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 employing 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 applicant; 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.

One of such duplicate contracts shall be delivered to the person engaging the applicant and the other shall be retained by the applicant. The licensed person procuring such engagement for such applicant shall keep on file or enter in a book provided for that purpose a copy of such contract.

SEC. 17. Act to be posted. Every licensed person shall post in a conspicuous place in each room of such agency a copy of this act. Such printed law to also contain the name and address of the officer charged with the enforcement of this act. The commissioner of labor shall furnish printed copies of this act to the employment agencies.

SEC. 18. 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.

SEC. 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.

ACT 7495.—Regulation of trade schools

SECTION 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 consideration, shall be held to conduct a private employment agency and be subject to all the laws and regulations governing such agencies.

SEC. 2. Application of act.-Nothing contained in this act shall apply to trade schools or classes of instruction conducted by or in connection with any public school, public institution, parochial school, charitable school or institution, private business schools, teaching shorthand, typewriting, bookkeeping, mechanical 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

CHAPTER 97, ARTICLE 4.-Employment agencies

SUBDIVISION 2.-Private employment agencies

SECTION 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

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 publication a name similar to that of the Colorado Free Employment Office.

The Deputy State Labor Commissioner shall require with each application for a license a bond in the penal sum of 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.

SEC. 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 assignation house, any place of questionable character, or to any house or place of amusement kept for immoral purposes. No such licensed agency shall publish or cause to be published any notice or advertisement 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 employment 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 fee is demanded within thirty (30) days after the date of registration.

SEC. 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.]

SEC. 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.