(b) An application for such license shall be made in writing to the Commissioner 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 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 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 business 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.

(f) 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 person 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. (g) 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 to 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.

SEC. 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 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 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

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 applicants 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 communicate 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 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 act.

SEC. 67-13 (as amended 1928, ch. 283). 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 person shall divide, directly or indirectly, fees with any person securing help, or his 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. (b) 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 of 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 applicant 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 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.

SEC. 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 of 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 eard 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.

SEC. 67-15. Soliciting.-No person shall induce or attempt to induce any domestic employee to leave his employment with a view of obtaining 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 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 contract 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 Supplement to Compiled Statutes.

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 language which he is able to understand.

SEC. 67-16 (as amended 1928, ch. 283). 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.

(b) 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 compel 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 concerning 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.

SEC. 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.

SEC. 67-18 (as amended 1928, ch. 283). 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 designate 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 presented 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 commissioner 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. SEC. 67-19 (as amended 1928, ch. 283). 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 Commissioner of Labor. Every district court in any city or judicial district in any See 1925-30 Supplement to Compiled Statutes.

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:

or

aid county, CD, defendant was by (the district court of the city of the court of common pleas of the county of or as the case may be) convicted of violating the section of an act entitled "An act to regulate the keeping of employment agencies," approved March 4, 1918, and amendments 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 hereby give judgment that the plaintiff recover of the defendant dollars, penalty and 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 commitment 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 hereby is committed to the common jail of the county of for the period

of

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 duplicate, and one of the duplicate copies shall serve the purposes of a warrant of commitment.

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.

SEC. 67-20. 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

"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

CHAPTER 21, ARTICLE 11.-Private employment agencies

SECTION 170. Scope. This article shall apply to all cities of the State, except that the provisions hereof relating to domestic and commercial employment agencies shall not apply to cities of the third class. This article does not apply to employment agencies which procure employment for persons as teachers exclusively, or employment for persons in technical or executive positions in recognized educational institutions; and employment bureaus conducted by registered medical institutions, duly incorporated hospitals or registries conducted by duly incorporated individual alumnæ 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.

SEC. 171. Definitions.-1. When used in this article 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 employees.

2. 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, 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 consideration 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 employment of 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, exhibitions 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, vaudeville, 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 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 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