Oklahoma § 40-54 - Fees

§ 40-54. Fees

(a) The service fee charged for helping to secure permanent

employment shall not exceed the following schedule: Fifteen percent

(15%) of the first full month's gross compensation if the position

pays Seventy-nine Dollars and ninety-nine cents ($79.99) or less;

twenty percent (20%) of the first full month's gross compensation if

the position pays Eighty Dollars ($80.00) through One Hundred

Nineteen Dollars and ninety-nine cents ($119.99); thirty percent

(30%) of the first full month's gross compensation if the position

pays One Hundred Twenty Dollars ($120.00) through One Hundred Fortynine Dollars and ninety-nine cents ($149.99); forty percent (40%) of

the first full month's gross compensation if the position pays One

Hundred Fifty Dollars ($150.00) through Two Hundred Seventy-four

Dollars and ninety-nine cents ($274.99); forty-five percent (45%) of

the first full month's gross compensation if the position pays Two

Oklahoma Statutes - Title 40. Labor

Hundred Seventy-five Dollars ($275.00) through Four Hundred Ninetynine Dollars and ninety-nine cents ($499.99). For procuring

employment paying gross compensation of Five Hundred Dollars

($500.00) or more per month, the fee shall be determined by written

agreement between all parties concerned. The fee schedule shall be

posted in a conspicuous place in each employment agency office.

(b) In no event shall the fee for temporary employment exceed

that for permanent placement. Any period of employment terminating

at any time within sixty (60) days from the date of employment shall

constitute temporary employment and a fee of not more than twenty

percent (20%) of the amount earned shall be charged. All employment

exceeding sixty (60) days' duration shall be considered a permanent

placement. No licensed employment agency shall collect a fee before

an applicant has obtained employment. No fee shall be charged for

registering with an employment agency or for instituting a search or

investigation, or for other employment-related aids. Where the

remuneration is in the form of a straight commission, the first

three (3) months' gross earnings shall be divided by three to

establish an average monthly compensation against which to compute

the fee. No finance company or other purchaser of employment

contracts shall be considered a holder in due course of such paper

until after the temporary employment period shall have run and

permanent employment shall have been established, and in no event

shall the applicant for employment be liable for any charge to a

finance company in addition to the legal placement fee as

hereinabove set forth.

(c) This section shall not apply to an employment agency acting

as a search consultant that is retained and compensated solely by

the employer on a retainer or consulting basis.

Added by Laws 1967, c. 384, § 3, emerg. eff. May 23, 1967. Amended

by Laws 1977, c. 11, § 1; Laws 1982, c. 313, § 1, operative Oct. 1,

1982; Laws 2017, c. 51, § 3, eff. Nov. 1, 2017.