SEC. 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.

DELAWARE

REVISED CODE, 1935

CHAPTER 6.-State revenue

ARTICLE 16

SECTIONS 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.]

CHAPTER 71.-Private employment agencies

SECTION 2620. License.-The said Bureau [appointed to administer the Delaware 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 misdemeanor. 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 conduct 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.

DISTRICT OF COLUMBIA

SUPPLEMENT II (1935) TO CODE, 1929

TITLE 20

SECTION 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 commissioners 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 employment 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 conducting 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 conducting any agency, bureau, office, or other place providing engagements for eircus, vaudeville, theatrical, and other entertainments or exhibitions or performances, 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 attraction constituting such performances, where such business only incidentally involves the seeking of employment therefor.

(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.

SEC. 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: Provided, 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 provisions 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 certified 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. SEC. 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 applicants 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 communicate orally or in writing with at least one of the persons mentioned as references for every applicant for work in private families or employed in a fiduciary capacity, and the result of such investigation shall be kept on file in such agency: Provided, That if the applicant for help voluntarily waives in writing such investigation of references by the licensee, failure on the part of the licensee to make such investigation shall not be deemed a violation of this section.

SEC. 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 shall 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.

SEC. 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

poses, or wherein boarders or lodgers are kept, or where meals are served, or persons 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.

SEC. 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 education or child labor laws.

SEC. 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.

SEC. 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.

SEC. 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

COMPILED GENERAL LAWS, 1927

TITLE 6, CHAPTER 3.-Licenses and other taxes

SECTION 1146. Private employment agencies, tax.-Owners or managers of employment 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

TITLE 54.-Industrial relations

The Department of

SECTION 54-110. Duty of commissioner.— * * * Industrial Relations is also charged with the following duties:

2. The commissioner shall exercise jurisdiction over each person, firm or corporation 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 commissioner to immediately proceed to have such person presented to the proper authorities for prosecution and to cancel the license of such agency to do business.

TITLE 92.-Public revenues

SECTION 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.

LAWS, 1935

ment offices

a conducting an employment or intelligence cat or intelligence agent shall pay an annual

IDAHO

CODE 1932

Pg 3.-Private employment agencies

con 13-201, private employment agencies for profit are

-No person or persons shall carry on, hold, or keep au of employment, without first having obtained written ety commissioners of the county wherein said agency or

སྐོས ནི་ ་ཞན་

Before any person or persons shall be permitted to open, abor agency or bureau of employment within the jurisdiction ball furnish a bond with good and solvent security in favor ...of said county commissioners in the full sum and amount of od that he shall well and truly carry out the purposes for which i have been established, and that he shall pay all such damages est from his or their actions as such agent or agents, keeper or bureau of employment, and that any one who may have been ged by said agent or agents by any act done in furtherance of said Strand or misrepresentations of said agents or keepers, shall have a e for the recovery of such damages before any court of competent 303. Penalty-Anyone violating the provisions of this chapter shall to a fine of not more than $300 nor less than $100 and imprisonment county jail for not more than ninety days, nor less than thirty days.

ILLINOIS

REVISED STATUTES, 1935

CHAPTER 48.-Private employment agencies

Par. 87 (1). Duties, etc., of the Department of Labor.—It shall be the duty of the Xartment of Labor and it shall have power, jurisdiction and authority to issue ses to employment agencies or agents, and to refuse to issue licenses whenever, due investigation, the Department of Labor finds that the character of the 40,dicant makes him unfit to be an employment agent, or when the premises oposed 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 Folder 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 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 employment agencies, as may be necessary to carry out the laws relating to employment

No person shall open, keep or carry on any employment agency in the State of Paois, unless every such person shall procure a license therefor from the Department 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

shall be guilty of a misdemeanor, and shall be punishable by a fine of not than $50.00, and not exceeding $200.00; or on failure to pay such fine by ..arisonment for a period not exceeding six (6) months, or both such fine and Masonment, at the discretion of the court.

The fee for said license, in cities having a population of fifty thousand or more wal be fifty dollars ($50.00) annually for persons operating an agency with less a three employment brokers and placement clerks, and one hundred dollars

($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 application 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 interested 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 wherein 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 partnership, or an officer of the corporation if such agency is a corporation, unless the written 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 assignable, and the assignee thereof shall be entitled to the same remedies upon the 186553-37-10