Oklahoma § 40-55 - Rules and regulations

§ 40-55. Rules and regulations

(a) Every employment agency shall enter into a written

agreement with every applicant for services to be rendered and the

time and method of payment, and on which there shall appear the

definition of "Temporary Employment", "Permanent Employment" and

"Method of Payment". Provided, that nothing herein shall be

construed to prohibit an employment agency from making arrangements

by wire or telephone without said employee having first entered into

a written agreement with the agency; and provided further, if by

oversight or intention an applicant fails to sign an employment

contract, but is placed and accepts such employment, the employment

agency shall be entitled to its fee for such placement. Every

employment agency shall provide the applicant with a copy of any

written agreement between the applicant and the agency. All

Oklahoma Statutes - Title 40. Labor

contracts or agreements shall clearly state the fee and in no case

shall the employment agency collect more than the stated fee or

agreed percentage of the first year's total income.

(b) In all instances wherein permanent employment is terminated

within the definition of temporary employment, every employment

agency shall give to every person from whom an overpayment of fee

has been received, if requested within six (6) months of such

termination, a refund in the amount of such overpayment, such refund

to be made promptly within ten (10) days following the agency's

receipt of verification from the employer of the inclusive dates of

employment and the total gross earnings of the employee. This

subsection shall not apply to any employment agency acting as a

search consultant that is retained and compensated solely by the

employer on a retainer or consulting basis.

(c) Every employment agency shall give to every person from

whom a payment is received for services or assistance rendered or to

be rendered a receipt bearing the name and address of the employment

agency, the name of the employee, amount of the payment, date of

payment, and for what it is paid. Each such receipt shall be

numbered and bound in duplicate form. The duplicate copy shall be

kept for two (2) years at the office of the employment agency.

(d) A record shall be kept of the name and address of every

employee accepting employment, the name and address of the employer

with whom employment is accepted, the nature of the employment, the

rate of wage or salary to be paid the employee, the amount of the

employment agency's service charge, the dates and amounts of

payments, the date and amount of refund, if any, and for what,

together with a space for remarks under which shall be recorded

anything of an individual nature to amplify the foregoing account or

record and as information in the event of any question arising

concerning the transaction. Such records shall be open to

inspection by any court of competent jurisdiction for the purpose of

enforcing the provisions of this act.

(e) No employment agency shall direct an applicant to

employment without having obtained, either orally or in writing,

permission or authorization of the employer. No applicant for

employment shall be required by any agency to list prospective

employers to whom he shall previously have been referred by other

agencies.

(f) No applicant for employment shall knowingly make false or

misleading statements to an employment agency regarding age,

education, training, experience or references; and no employment

agency shall be held responsible for misinformation given it by an

applicant and transmitted by it in good faith to an employer.

(g) No employment agency shall advertise openings for which it

does not hold orders from employers or knowingly cause to be

Oklahoma Statutes - Title 40. Labor

printed, published or circulated misleading, false or fraudulent

information about employment opportunities.

(h) Other than the prescribed placement fee, no employment

agency shall require either the employee or employer to contribute

to the cost of its employment-related services, advertising, or

incidental expenses. This subsection shall not apply to any

employment agency acting as a search consultant that is retained and

compensated solely by the employer on a retainer or consulting

basis.

(i) No employment agency shall place, or cause to be placed,

promotional advertising in any media without licensee's

identification as to agency and address.

(j) No employment agency shall send any person to a prospective

employer who is conducting a "lockout" against all or part of his

employees, or whose employees or a part of them are out on strike,

without first apprising said person of the existence of such lockout

or strike.

(k) Any licensed agency, or agent thereof, who shall be guilty

of dividing fees with any superintendent, manager, foreman or other

employees of any person, company, corporation or association for

whom employees are furnished, shall be guilty of a misdemeanor and,

upon conviction, shall be punished as provided in Section 57 of this

title.

(l) No licensed agency shall furnish employment to or refer any

child to any vocation or establishment in violation of the laws

regulating the labor of children or their compulsory attendance at

school.

(m) No employment agency shall discriminate in the employment

of its personnel because of the race, national origin, sex or

religious belief of the applicant seeking employment with the

agency.

Added by Laws 1967, c. 384, § 4, emerg. eff. May 23, 1967. Amended

by Laws 1974, c. 62, § 2; Laws 1982, c. 313, § 2, operative Oct. 1,

1982; Laws 2017, c. 51, § 4, eff. Nov. 1, 2017.