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Par. 87 (12). Enforcement.-The enforcement of this Act shall be entrusted to 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 en licensed person may be made orally or in writing, to the Department of Lator. 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 on 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 attendance of witnesses and the production of books and papers pertinent to such tearing, 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 witness 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 purpose 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 representative, or to any person with whom he is to be associated in the business of furnishing 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 offending, for a period not exceeding thirty (30) days. The said Department of Labor or its duly authorized agents may institute criminal proceedings for its enforcement 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.

INDIANA

SUPPLEMENT (1929), BURNS' ANNOTATED STATUTES, 1926

CHAPTER 72, ARTICLE 5.-Employment agencies

SECTION 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 conducts or is to conduct said employment agency. The license together with a copy of this law, shall be posted in a conspicuous place in each and every place or office where said agency does business. No agency shall write, print, publish, paint or display, in any way, any sign, card or advertisement, in any way similar to the name, "Indiana Free Employment Service." All advertisements and statements, window signs, door signs, and all literature used, displayed or circulated by any such agency shall contain the words, "licensed employment agency," together with the regularly licensed name of the agency. The location of an agency shall not be changed without the written consent of the industrial board. No license issued under the provisions of this act shall be transferable.

SEC. 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 Industrial 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 corporation 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.

SEC. 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.

SEC. 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.

SEC. 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

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.

SEC. 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. SEC. 9388. Receipts.-8. For all payments made by any applicant for employment 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."

SEC. 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.

SEC. 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 benevolent organizations and associations approved by the board of State charities, shall, before being authorized to conduct such employment agency or department, 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. SEC. 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.

SEC. 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

received from any employee with any employer or person in any way connected with the business thereof.

SEC. 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 assignation, 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 securing a position for any applicants therein. It shall be unlawful for any employment agency to circulate, publish, record or issue any report or information to cause the discharge of any person employed in any legitimate service.

SEC. 9389.6. Return of fee and expenses.-15. If it shall appear that no employment of the kind applied for existed at the place where any applicant was directed, said licensed agency shall refund to such applicant, within five days after demand, any sum paid by said applicant for transportation and other expense in going to and returning from said place and all fees paid by said applicant to such agency. SEC. 9389.7. False statements.-16. No agency shall publish, or cause to be published, 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.

SEC. 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 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. SEC. 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 proceedings, 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 enforcing and administering the provisions of this act, the industrial board is hereby authorized to adopt and promulgate such rules and regulations as may be deemed necessary for the supervision of employment agencies.

IOWA

CODE, 1935

CHAPTER 77.-Private employment agencies

SECTION 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.

SEC. 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 employment, 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 amusement enterprises.

SEC. 1546-a2. Unlawful practices.-No person, firm, or corporation shall send an application [sic] for employment to an employer who has not applied to such person, firm, or corporation for help or labor. Nor shall any person, firm, or corporation engaged in the business of operating an employment agency or bureau, 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.

SEC. 1547. Applications, copy of.-It shall be unlawful for any person, firm, or corporation to receive any application for employment from, or enter into any agreement with, any person to furnish or procure for said person any employment unless there is delivered to such person making such application or contract, at the time of the making thereof, a true and full copy of such application or agreement, which application or agreement shall specify the fee or consideration to be paid by the applicant.

SEC. 1548. Dividing fees.-It shall be unlawful for any person, firm, or corporation, 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 employment bureau or agency for services rendered to any such employee in procuring for him employment with such person, firm, or corporation.

SEC. 1549. Records.-Every person, firm, or corporation operating an employment agency or engaged in the business of finding employment for others, for which any fee is charged, shall keep a record of the applications received and what, if any, employment was found or furnished to the applicant, giving the name of each applicant and the name and address of his employer, if employment is found, and the fee charged each applicant.

SEC. 1550. Investigations.-The labor commissioner, his deputy or inspectors, and the chief clerk of the bureau shall have authority to examine at any time the records, books, and any papers relating in any way to the conduct of any employment 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.

SEC. 1551. Violations. Any person, firm, or corporation violating any of the provisions of this chapter, or who shall refuse access to records, books, or other papers relative to the conduct of such agency or bureau, to any person having authority to examine same, shall be punished by a fine not exceeding one hundred dollars or imprisonment in the county jail not to exceed thirty days.

CHAPTER 77-C1.-License for employment agencies

SECTION 1551-C1. Securing license.-Every person, firm, or corporation who shall keep or carry on an employment agency for the purpose of procuring or offering 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 procuring 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 employment or the applicant for help, shall before transacting any such business whatsoever 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.

SEC. 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 conducted. It shall be accompanied by the affidavits of at least two reputable citizens of the State in no way connected with applicant certifying to the good moral character and reliability of the applicant, or, if a firm or corporation, of each of the members or officers thereof, and that the applicant is a citizen of the United States, if a natural person; also a surety company bond in the sum of two thousand

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