Current through Register Vol. 56, No. 18, September 16, 2024
(a) Agreements
between an employment agency and an employer or between an employment agency
and a job seeker shall be in writing and shall include, but not be limited to:
i. The employment agency's fee
schedule;
ii. The time at which a
fee becomes due and owing to the employment agency;
iii. The manner in which the fee is to be
paid, by whom, and at what intervals, if not paid in a lump sum; and
iv. The conditions under which a refund or
adjustment in fee will be made, and the amount of the refund or adjustment,
which may be expressed as a percentage.
(b) All agreements and writings required to
complete any transaction between an employment agency and a job seeker shall
comply with the plain language law standards set forth in
56:12-2 and
56:12-10.
(c) The employment agency shall provide each
job seeker with an exact copy of every writing the job seeker has signed, and
every document incorporated by reference in the written agreement between the
employment agency and the job seeker. The employment agency shall also provide
each job seeker with a receipt stating the name of the job seeker, the name and
address of the employment agency and its agent, the date and amount of the fee
and the purpose for which it was paid.
(d) Upon application for licensure, an
employment agency shall file with the Section a copy of the form(s) of contract
used or to be used for all agreements between the employment agency and job
seekers.
(e) Every employment
agency shall file with the Section for the Executive Director's approval, the
employment agency's proposed schedule of fees to be charged for any service
rendered or product sold to job seekers. The Executive Director, who shall
respond within 14 days of receipt, shall not approve the fee schedule unless he
or she is satisfied that the fee schedule is in a form which makes the schedule
reasonably understandable by job seekers and that the fee schedule is in
compliance with all applicable provisions of the Act. The schedule of fees may
thereafter be changed or supplemented by filing an amended or supplemental
schedule with the Section. The changes shall not become effective until
approval has been granted by the Executive Director and the amended or
supplemental fee schedule has been posted on agency premises pursuant to
13:45B-2.2(c).
The agency shall adhere to the schedule in charging for these services or
products.
(f) An employment agency
shall:
1. Compute fees paid by a job seeker
seeking employment on the basis of permanent employment, unless the employment
is temporary employment. Where temporary employment merges into permanent
employment, or where a job seeker accepts permanent employment within 30 days
after the termination of temporary employment, the permanent employment may be
considered the result of the references to the temporary position and the fee
may be based on the permanent employment with due credit given for the payment
made for the temporary employment; and
2. Not accept payment of a fee or attempt to
collect any fee from a job seeker for a service rendered or product sold where
employment has not been accepted except:
i.
That these requirements shall not apply to any career counseling service if
that service receives no prepayment for services or products and provides
services or products strictly on an hourly basis, with no financial obligation
required of the job seeker beyond the hourly fee for the services or products
rendered. However, a career counseling service shall be licensed as an
Employment Agency and shall comply with all other requirements applicable to
employment agencies;
ii.
Entertainment agencies which offer placement, directly or indirectly, to a
performing artist may accept a fee if they adhere to the provisions of N.J.A.C.
13:45B-6. However, these agencies shall be licensed as an employment agency and
shall comply with all other requirements applicable to employment agencies;
and
iii. Employment agencies which
offer resume services or products to a job seeker may accept a fee for these
services or products if the fee for such a service or product is included on
the fee schedule filed with the Section and the fee is not collected prior to
the delivery of the product or service;
3. Not charge more than one percent of the
scheduled fee for each day worked to a job seeker who obtains employment and
who is discharged without cause or who voluntarily terminates employment for
just cause. For purposes of this subsection, the employment agency shall repay
to any job seeker so discharged or terminated any excess of the maximum fee in
accordance with the fee schedule, allowing three business days to determine
that the termination was not due to any fault on the part of the job seeker.
The employment agency may, however, by separate written agreement between the
employment agency and the job seeker, retain the fee or any part of the fee,
which has been paid for the job from which the job seeker has been discharged
without cause or terminated, if the employment agency furnishes the job seeker
with another job and allows due credit for the retained payment;
4. Not charge more than 30 percent of the
scheduled fee to a job seeker who either fails to report for duty after
accepting employment or voluntarily terminates employment without just cause
within 30 days of commencement of employment; and
5. Obtain a bona fide order for employment
prior to collecting any fee from a job seeker or sending out a job seeker to
any place of employment. Except as may be otherwise provided in this chapter,
no advance fee or monetary assessment of any kind shall be charged, demanded,
collected, or received by the employment agency from a job seeker seeking
employment until employment has been obtained by or through the efforts of the
employment agency.
