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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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BUREAU OF LABOR AND INDUSTRIES

 

DIVISION 17

PRIVATE EMPLOYMENT AGENCY MATTERS

 

Interpretive Rules and Policies for
Operating Employment Agencies

 

839-017-0004

Definitions

As used in ORS 658.005 to 658.245 and in these rules unless the context requires otherwise:

(1) "Advertising" means any material or means used by the employment agency for solicitation or promotion of business. This includes, but is not limited to, business cards, notices or announcements in newspapers, radio, television, brochures, pamphlets, gift items, and signs. It may also mean referral cards, invoices, letterheads, or other forms if such forms are used in combination with solicitation and promotion of business.

(2) "Applicant for Employment" means an individual who is seeking or who has obtained employment through the services of an employment agency.

(3) "Bureau" means the Bureau of Labor and Industries of the State of Oregon.

(4) "Charge for Services" means any money or other consideration paid or promised to be paid by an applicant for employment for services rendered by an employment agency.

(5) "Commissioner" means the Commissioner of the Bureau of Labor and Industries or the Commissioner's authorized deputies and officers.

(6) "Employment listing service" means a business operated by a person that:

(a) Provides lists of specified positions of employment available with an employer listing service or that holds itself out to individuals as able to provide information about specific positions of employment with an employer other than the employment listing service;

(b) Charges an individual a fee for its services; and

(c) Does not arrange or set up interviews between an individual and a prospective employer or otherwise intercede between an individual and a prospective employer but may offer limited counseling and employment-related services to an individual that includes, but is not limited to, personal grooming and appearance and interview preparation.

(7) "Engaged in Procuring for a Fee, Employment for Others and Employees for Employers" as used in ORS 658.005(3) means all actions of an employment agency leading up to and including the placing of job applicants in employment with others, provided a charge for services is paid to the employment agency by an applicant. Such actions include but are not limited to:

(a) Assisting an individual in completing the agency's application form or other documents detailing the individual's work experience and general qualifications for employment;

(b) Interviewing an individual in connection with specific job openings or in connection with the agency's general practice and procedure for determining the experience and qualifications of an applicant for employment;

(c) Referring individuals to prospective employers pursuant to job orders obtained from said employers;

(d) Soliciting and obtaining job orders from employers;

(e) Recruiting individuals to fill job orders obtained from employers;

(f) Advertising for individuals to fill job orders obtained from employers;

(g) Other activities that cause, acquire, gain, get or bring about the placement of individuals in employment.

(8) "Fee Paid Position" means a position in which under no circumstances is the applicant for employment who is identified, appraised, referred, or recommended charged a deposit, retainer, fee or any other charge for services directly or indirectly at any time in connection with such position.

(9) "Violation" means a transgression of any statute, rule or order, or any part thereof and includes both acts and omissions.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - 658.245
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 12-1978, f. & ef. 8-16-78; BL 10-1987(Temp), f. 9-30-87, ef. 10-1-87; BL 8-1988 f. & cert. ef. 5-16-88, Renumbered from 839-017-0176; BL 6-1997, f. & cert. ef. 11-13-97; BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04

 

 

 

Contracts Between Employment Agencies and

Applicants for Employment

 

839-017-0011

Contents of Contract

(1) All employment agencies making a charge for service to the applicant for employment, either directly or indirectly, must have a written contract with the applicant for employment which contains the requirements set out in ORS 658.005 to 658.245.

(2) The contract shall contain a schedule of maximum service charges. When the agency places applicants for employment in permanent employment (as defined in ORS 658.185(1)(a)), temporary employment (as defined in ORS 658.185(1)(b)) or in employment compensated on a commission basis, the schedule shall contain separate sections pertaining to the types of employment in which applicants for employment are placed. However, separate sections are required only when the agency makes placements in more than one type of employment.

(3) See Appendix 1 for an example of a contract which complies with this rule.

[ED. NOTE: The Appendices referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

839-017-0012

Additional Contract Requirements

In addition to the requirements of the statutes included in OAR 839-017-0011, the following contract clauses must be in all contracts between the employment agency and an applicant for employment who may be responsible for the agency's charge for services either directly or indirectly:

(1) "A refund, when due, shall be made within ten (10) days after notice of termination of the applicant's employment has been received by the agency."

(2) "If my employment lasts less than ninety (90) calendar days,_____ (agency) _____ shall reduce the service charge so that it will not exceed one-ninetieth of the charge for permanent employment for each consecutive calendar day during the period I am employed or compensated as though employed."

(3) "I understand I shall be responsible for only one full fee for any single placement whether or not employment is secured through the assistance of more than one employment agency."

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.165 & ORS 658.185
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

839-017-0013

Requirements When Compensation Based on Commission

In addition to the requirements of OAR 839-017-0011 and 839-017-0012, the following clauses are required to be in all contracts between agencies and applicants for employment when placements are made or to be made on commission positions:

(1) "Should proof be presented after six months and/or twelve months of employment that the estimates of total gross earnings were inaccurate, _____ (agency) _____ shall refund to the applicant any excess charges paid by him, or the applicant shall pay to _____ (agency) _____ any deficiency in charges."

(2) "If the applicant's compensation is based on commission and his employment is terminated prior to the conclusion of the first twelve months of employment, the actual total gross earnings of the applicant for the period of employment shall be projected to twelve months on a pro-rata basis as though the applicant had been employed for the entire period of twelve months, and a computation shall be made thereon. The adjusted charge for services by the applicant shall be predicated upon such computation."

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.185
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77

 

839-017-0025

Clauses or Statements Not Required, May Be Included

The following clauses or statements are not required to be in any contract between the employment agency and the applicant for employment who may be responsible for the agency's charge for service directly or indirectly, but so long as consistent with other required or permissible clauses, may be included in the contract between the employment agency and the applicant for employment:

(1) "In no instance in which the employment secured is subsequently terminated shall the charge for services be greater than the total gross earnings of the applicant."

(2) "One month equals 1/12th of a year or 4-1/3 weeks."

(3) "These service charges often may be deducted for income tax purposes."

(4) "Payment of any refund which shall be due shall be made to the applicant's lender, if any, to the extent of the then unpaid balance of such loan to minimize the liability of _____ (agency) _____ for the interest, fees, or other charges incurred by the applicant."

(5) "I will keep the agency informed about the results of all arranged interviews, and will advise the agency at once upon acceptance of employment, or if employment which has been accepted is terminated for any reason."

(6) "I hereby give permission for references to be checked for purposes of employment, and understand that upon request _____ (agency) _____ will divulge the content of same to me."

(7) "If the applicant fails to perform this contract, or to pay the agency's service charge provided herein, then the applicant agrees to pay _____ (agency) _____ reasonable attorney's fees and other costs of collection as determined by a court."

(8) "There shall be no oral agreements or oral additions to this contract. Any further terms, conditions, or understandings shall be in writing."

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.168(4)
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156, f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77

839-017-0030

Refund to Applicant

(1) Whenever an agency receives notice from any source that an applicant for employment has terminated employment within the time which requires a refund of a portion or all of the agency's charge for services, the agency shall refund within ten days of such notice, by cash or its equivalent, and not by goods or services, all sums due as a refund to the applicant.

(2) Those applicants for employment whose compensation is based upon commission employment and who have presented proof of earnings at the end of six and/or twelve months which may require a refund of a portion of the agency's charges, shall receive such refund from the agency within ten days of such request.

(3) Contracts or agreements shall not contain statements or understandings concerning job replacement or other goods and services contrary to this rule.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.185
Hist.: BL 149, f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

839-017-0031

Oral Agreements or Additions to Contracts Prohibited

There shall be no oral agreements or oral additions to any contract between the employment agency and the applicant for employment. Any terms, conditions, or understandings between the employment agency and the applicant for employment shall be in writing.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.168
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77

 

839-017-0032

Record of Contracts

All contracts shall be in numerical order and registered in a log. The log will contain the contract number, the date, and the name of the applicant as it appears in some uniform place in the contract. A separate set of numbers may be used for "fee" and "fee paid" contracts.

Stat. Auth.: ORS 658.210 & ORS 658.078
Stats. Implemented: ORS 658.078
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77

 

839-017-0040

Fee Paid Positions

(1) When an employment agency deals in both fee paid positions and in positions for which the applicant for employment pays the charge for service, and when the agency intends to assist individuals exclusively with referrals and placements in fee paid positions, the agency must enter into a written agreement with each individual applicant for employment. This agreement may be similar to that as provided in Appendix 2. If the applicant subsequently desires referrals to applicant fee paid positions, the agency must enter into a new contract in conformity with OAR 839-017-0011 to 839-017-0045 before any such referral is made.

(2) Written disclosure to the applicant for employment that is provided for in section (1) of this rule shall not be required when the position for which the applicant for employment is applying or being recruited will pay the applicant for employment no less than $30,000 per year on a salary basis.

[ED. NOTE: The Appendix referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

 

839-017-0045

Addendum to Contract to Provide Specific Terms for Payment

After an applicant for employment has accepted employment with an employer, but before actually starting work, the applicant and the employment agency may change the terms agreed to in their original contract or enter into an addendum to the original contract between themselves which provides for specific terms of payment after the applicant actually starts work. See Appendix 3 for a sample form which complies with this rule.

[ED. NOTE: The Appendices referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.168(4)
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77

Job Order and Job Referral Document Rules

 

839-017-0051

Definitions

(1) "Open" or "Standing" job orders are for categories of jobs for which an employer usually has two or more open positions at any one given time although on occasion the employer is merely interested in receiving applications and does not hire immediately all qualified applicants. In addition, these are types of positions for which an employer has a steady and continuous need of qualified employes.

EXAMPLE: A job order from the central hiring office of a large bank to refer any qualified applicants the agency may have for teller openings that come up regularly and habitually.

(2) An "Exploratory Interview" or "Exploratory Job Order" means a bona fide order for employment valid for one specific applicant only.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.165
Hist.: BL 149(Temp), f 10-30-73, ef. 11-1-73; BL 156, f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77

 

Job Referral Documents

 

839-017-0052

What Constitutes a Bona Fide Job Order

(1) A bona fide job order is valid for referral of any qualified applicant for employment until it is filled or canceled by the employer and may serve as the basis for agency advertising.

(2) A bona fide job order may be considered to have been given by an employer to an employment agency when the following conditions are met:

(a) The employer or the employer's agent, in person, by telephone, telegram, facsimile or other electronic media, or in writing, registers a request that the agency recruit or gives permission to the agency to refer applicants for employment who meet stated job specifications;

(b) The agency contacts the employer after every thirty days to insure that the position is still vacant prior to any additional advertising or referrals.

(3) "Open" or "Standing" job orders are to be renewed prior to each interview with an applicant for employment and at the end of every thirty days in order for them to be current and valid. Open or Standing job orders may not be advertised in any way. Open or Standing job orders must be for specific job categories as distinguished from a specific job. Open or Standing job orders must fulfill all informational content requirements of "Regular" job orders. Open/Standing job orders will contain the title "Open" or "Standing" job order.

(4) An "Exploratory Interview" or "Exploratory Job Order" is not valid for advertising. Prior to any interview, an "exploratory" job order must be written up by the agency containing as much available job order information as can be supplied by the employer. A job referral document shall be supplied to the applicant, containing all available job order information, and the following underlined statement: "This is an exploratory interview. There is no definite position open with this employer at this time. However, this interview has been agreed to by the employer." Employment agencies shall not obtain exploratory job orders/interviews in situations where they either have a "regular" job order, or access to one.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

839-017-0053

Exploratory Job Order/Interview Considered to Be Given

An Exploratory Job Order/Interview shall be considered to have been given if, as the result of the agency's bringing the qualifications of an applicant for employment to the attention of an employer, the employer's interest in exploring the possibility of employing the applicant is evidenced by the employer's agreement to interview the applicant.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.165
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

839-017-0054

Identification by Agency to Employer/Accepting a Fee Paid Order

(1) In the process of obtaining a job order, the employment agency shall identify itself as an employment agency to employers in an introductory statement in all cases unless identification of the specific agency representative to the specific employer representative has been previously established. Where the employer is to pay the fee, the agency must obtain the employer's agreement from the personnel manager or other authorized agent.

(2) When accepting a job order for a fee paid position, the agency shall make a reasonable effort to inform the employer that the employer cannot collect the employment agency fee from the applicant for employment.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156, f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

839-017-0060

Information Required to Be Contained in a Job Order

(1) Except as provided in rule 839-017-0052(3), information that is required to be contained in all job orders includes:

(a) Normal hours of work per day. (State exceptions);

(b) Weekend or night work if indicated (total number and which days);

(c) Whether employer fee paid or applicant fee paid position;

(d) The job title(s)/kind of work. A list of special skills required to perform adequately on the job together with the minimum performance level required. "Required" means only those skills which will be regularly and habitually required to gain the job, perform at a minimum level on the job and to retain the job. This section shall not apply to any job with a starting salary of $30,000 per year or more;

(e) A list of established fringe benefits (considerations of privilege) such as holidays, sick leave, car allowances, expense allowances, room and board, medical and hospital insurance, vacations together with whether or not paid by the employer as indicated by the employer;

(f) The number of the job order;

(g) The date received;

(h) The salary, hourly pay rate, or salary or hourly pay range for the position. At least a minimum salary or wage must be specified in terms of dollars and cents. If earnings are to be on commission, a statement as to whether or not any guaranteed salary or draws are involved;

(i) The name and address of the company placing the job order, and the location of work;

(j) The name of the individual who placed the job order for the employer and the name of the individual who accepted the order for the agency;

(k) Whether union membership is required and indications of any labor trouble existing.

(2) When a job order is filled, the true name of the individual who obtained the job as appears in the agency's records, the date the job was filled, and the fee charged to the applicant for employment will be appended to the job order.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.165
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 9-1980, f. & ef. 9-5-80; BL 8-1988 f. & cert. ef. 5-16-88

Job Referral Document Rules

 

839-017-0070

Job Referral Document

(1) The job referral document shall be assigned the same number as that assigned to the job order and shall include:

(a) The name, address, and telephone number of the employment agency;

(b) The date of issuing the job referral document;

(c) The name of the applicant for employment, the name and address of the person to whom the applicant is sent for interview, the date and time of the interview, and the address where the applicant is to report for employment;

(d) The approximate amount of fee to be charged and to be collected from the applicant for employment, if the applicant accepts employment, and starts work and any fee conditions as stated by the employer on the Job Order, and a statement that the employer is not responsible for paying the fee unless specifically provided for on the Job Referral Document;

(e) The kind of work or employment as shown by the job classification stated in the Job Order;

(f) The daily hours of work and the approximate wages or salary, including any consideration of privilege;

(g) If any labor trouble exists at the place of employment, a statement of that fact;

(h) Union membership, if required.

(2) The job referral document shall be signed by a representative of the employment agency, and shall be delivered to the applicant for employment or sent to the applicant for employment by United States mail.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

839-017-0071

Document to Include Expiration of Referral Information

The date and the fact that 90 days from the date of referral the referral will expire and the applicant for employment may be liable for a fee thereafter only if the applicant accepts a job in the position to which the applicant was specifically referred must be included in the Job Referral Document.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.172
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

839-017-0072

Applicant Shall Receive Job Referral Document

The completed Job Referral Document shall be given to the applicant for employment prior to any job interview, with the following exceptions:

(1) No job referral document is required when the referral is made to a fee paid position.

(2) If the referral is made by telephone contact or other means of remote communication, the full content of the job referral document will be revealed to the applicant for employment at the time of referral and the job referral document will be mailed to the applicant.

(3) Job referral documents which are mailed, must be mailed within 24 hours or one working day of the referral contact with the applicant for employment.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.172
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

Disputes Between Agencies

839-017-0101

Fee Earned by Agency Responsible for Placement

In disputes between employment agencies concerning the earning of a fee for placement of an applicant for employment, the fee shall be earned by the agency responsible for the applicant being placed. A reasonable effort shall be made by an agency which bills an applicant for employment to determine that it is entitled to the fee before billing. The applicant for employment shall be responsible for only one full fee for any single placement, and this fact shall be stated in the contract. (See Appendix 1 and OAR 839-017-0012)

[ED. NOTE: Appendix referenced is available from the agency.]

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.165
Hist.: BL 150(Temp), f. 12-13-73, ef. 12-15-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

839-017-0102

Determination of Agency Entitled to Fee

In order to make a reasonable effort to determine the agency entitled to the fee, the following rules shall be followed:

(1) When two agencies have referred the applicant for employment to the same position, the agency entitled to the fee shall be the agency that:

(a) First established a scheduled appointment between the applicant for employment and employer for the specific position which the applicant subsequently accepted and started work;

EXAMPLE: On Monday, agency "A" arranges an appointment for an applicant with an employer for Wednesday morning. Agency "B" arranges an appointment for the same applicant for the same job opening on Tuesday morning for Tuesday afternoon. If the applicant accepts the position and starts work, Agency "A" is entitled to the fee.

(b) Records accurately the time and date of the making, by agency personnel, of the appointment for interview;

EXAMPLE: Agency personnel record that they called employer at 9:06 a.m., October 18th and scheduled interview for applicant.

(c) And, as soon as possible after the appointment is established, advises the applicant for employment by complying with the job referral document requirements.

(2) Resume' Mailing. The resume' must indicate clearly the name and address of the referring agency. When a resume' is mailed by the agency to the employer, the agency is entitled to the fee when:

(a) The agency contacts the applicant for employment immediately and advises the applicant of the name of the employer to whom the resume' was mailed, and, the employer gives or has given the agency a bona fide job order and the agency first establishes a scheduled appointment with the applicant and complies with job referral document requirements;

(b) Or the employer, as the result of the mailing, contacts the applicant for employment directly, arranges the first scheduled appointment and gives the agency a bona fide job order and the agency complies with job referral document requirements;

(c) And as a result of the job interview, the applicant accepts a specific position and starts work.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.165
Hist.: BL 150(Temp), f. 12-13-73, ef. 12-15-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

839-017-0103

Definitions for the Purpose of Solving Interagency Disputes Only

(1) "Employer" means any person or agent of a company that has the authority and responsibility to interview or initiate the action that would result in a position with said company. It is recognized that some companies can have several employers within the company (the same legal entity) due to departments or locations. If an interview is scheduled for an applicant for employment to a different department or location by the original interviewer within the company, it will be considered to be the same employer. If an interview is scheduled for the same applicant for employment by another employment agency to a different department, for the purpose of this definition, it would be considered a different employer even though it may be within the same company.

(2) "Scheduled Appointment" means a definite date and time of interview with a specific company representative. If the time of making the first interview is not determined satisfactorily between the agencies involved, the employer's statement shall be accepted as to the time of the making of the first appointment.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.165
Hist.: BL 150(Temp), f. 12-13-73, ef. 12-15-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

Rebate of Interest Charges and Other Charges for

Permanent Employment Lasting Less Than 90 Days

 

839-017-0151

Interest, Fees, or Other Charges Allowed as Credit

In all cases where employment lasts less than 90 full calendar days, all interest, fees, or other charges paid or required to be paid to any person or organization in order to procure the funds to pay an employment agency's charge for service shall be allowed as a credit against the charge. This includes all carrying and service charges and all related charges in obtaining funds for payment of the agency's charge.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.165
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 12-1978, f. & ef. 8-16-78

 

839-017-0152

Interest, Fees, and Other Charges May Be Prorated

(1) If interest, fees, or other charges are incurred by the applicant for employment for more than the agency's charge for service and in such a way that the interest, fees, or other charges for the employment agency's services are not stated separately, then the interest, fees, and other charges may be prorated to cover only those interest, fees, and service charges directly attributable to the payment of the employment agency's charge for services.

(2) In cases where employment involves commission earnings and service charges are based upon annual estimated earnings, and employment is terminated for any cause prior to 12 months but after 90 days, a pro-rata computation shall be made on all charges paid or required to be paid (by an applicant) to any person or organization in order to procure the funds to pay an employment agency's charges for the period from 91 days until date of termination within a 12 month period. The pro-rata computation shall be allowed as a credit against the agency fee.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.165
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77

 

839-017-0153

Agency to Procure Necessary Information

A reasonable effort shall be made by the agency, within the ten day specified time for making the rebate, to procure all information necessary regarding the interest, fees, and other charges required to be paid by the applicant for employment in procuring the funds to pay the agency's charge for service.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.165
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

False and Misleading Advertising

839-017-0177

Publication of False, Misleading, or Fraudulent Information Prohibited

No employment agency shall knowingly publish or cause to be published any false, fraudulent, or misleading information, representation, notice, or advertisement. The following are types of advertising which are considered false or misleading:

(1) Exclusive listing in advertisements of jobs designated as "fee paid" by agencies which do not operate exclusively on the basis of no fee to the applicant for employment, in such manner as to give the false impression that all jobs handled by the agency are "fee paid" jobs.

(2) Where both "fee" and "fee paid" jobs are listed, use of the phrases such as "100 percent free" or "all free" as column headings, so as to give the impression that the entire agency operation is on a "fee paid" basis.

(3) Designating jobs as "fee paid" where this is true only if certain conditions are met. For example, jobs where the employer will pay the fee only if the applicant for employment stays on the job for a stipulated period of time, or jobs where the employer deducts the amount of the fee from the applicant's salary, or where the employer will pay only a portion of the fee, or if the fee payment on the part of the employer is a negotiable item.

(4) Use of the phrase "lowest fee" or similar words, where the agency's fee is not in fact the lowest fee rate in effect in the area in which the agency does business.

(5) Headlines or titles relating to fees, such as "Applicant Pays Fee" or "Fee Paid", must be set in the same type of equal size and boldness, when an agency advertises both categories of jobs.

(6) In group advertisements which contain both "Employer Pays Fee" and "Applicant Pays Fee" listings, all listings of each type shall be grouped together in a block under the respective title, or each listing must include a designation as to the source of the fee.

(7) If an advertisement is of a job or jobs for which the employer pays the fee, and if the agency so advertised, the ad must state in type of equal size and boldness, that the agency also handles jobs for which the applicant for employment pays the fee if such is the case.

(8) Ads worded so as to mislead the applicant for employment regarding the nature of the position advertised.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.195
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 12-1978, f. & ef. 8-16-78; BL 8-1988 f. & cert. ef. 5-16-88

 

839-017-0178

Advertising Must Be Factual

All advertising must be factual as to the requirements of the job. Sufficient information must be contained in each ad to indicate the nature, terms and conditions of the position. Omission of unusual or special job requirements and characteristics or of the amount of wages to be paid is considered misleading or fraudulent.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.195
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

839-017-0180

Advertising Deemed False or Misleading

Advertising which shall be deemed false and misleading includes, but is not limited to, advertising which fails to conform to the following specifications:

(1) If specific requirements not normally associated with the position advertised are required, the requirements must be indicated in the ad.

(2) No salary shall appear in an ad except one which appears in the actual job order as a starting salary. Where the top of the salary range is quoted, it must be preceded by the bottom of the salary range and the word "to" or " _____ ".

(3) If the position advertised is located fifty miles or more from the location of the office of the agency, the fact that it is non-local or that relocation is necessary, or the location of the place of employment shall be indicated in the listing.

(4) The entire assumed business name or corporate name of the agency, without abbreviation, must appear on any sign, advertising, or promotional material used by the agency. Except in an advertisement in a section of a publication that otherwise clearly designates the advertisement as that of an employment agency, every employment agency charging or collecting a fee for services from individuals seeking or obtaining employment shall use the word "agency" or "agencies" as part of its licensed name, or after its licensed name, in type no smaller than the type employed in the body of the advertisement.

(5) The word "open" or the symbol "$$$" or words and symbols of similar import may not be used as a substitute for the salary of any position or positions in an ad.

(6) The symbol "+" or the word "plus" may be used in connection with a salary appearing in an ad only when it refers to an extra such as a car, bonus, commission, or lodging which is provided in addition to the given salary. Such extras must be contained in the agency's job order for the position. The salary figure in the advertisement can only represent the amount of salary or draw indicated on the job order.

(7) The word "up" may be listed with a salary appearing in an ad only when the employer has made a definite commitment to the agency to pay a higher salary for a highly qualified employee. The commitment by the employer to pay a higher salary must be contained in the agency's job order for the position.

(8) In accepting a job order from an employer, the agency should determine whether salary quoted by the employer is a "guaranteed" salary or is based on anticipated commissions and/or bonuses. If a salary advertised is based entirely or partially on a bonus and/or commission, an indication to this effect must be contained in the ad.

(9) If an employment agency indicates in its letters or general advertising that members of the agency are "certified", "registered", or "licensed", or uses other terms conveying special qualifications or abilities, the members of the agency must in fact be certified, registered or licensed and possess special qualifications or abilities as conveyed by the terms so used. Acronyms, initials or other such terms used to advertise special qualifications or abilities must be recognized as those which are used by the organization or government agency "certifying", "registering", "licensing", or attesting to an agency member's special qualifications or abilities.

(10) If the employment agency advertises a job where the employment agency itself is the employer, the ad shall so indicate.

(11) If an employment agency which handles both "fee" and "fee paid" positions, advertises a "fee paid" position, the advertisement must include the job order number of the "fee paid" position or positions.

(12) Employment positions will not be advertised on the same day under two or more different job descriptions.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 12-1978, f. & ef. 8-16-78; BL 8-1980, f. & ef. 9-5-80; BL 10-1987(Temp), f. 9-30-87, ef. 10-1-87; BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

 

Enforcement Action Against Bond or Deposit

 

839-017-0271

Generally

(1) The action on the bond or letters of credit maintained by the employment agency may not be joined in a suit or action on the bond brought for any other claim.

(2) Any person seeking to recover on the bond must first establish the employment agency's liability. The liability may be established in any of the following ways:

(a) A judgment of the court;

(b) A final administrative order issued pursuant to statute or rule;

(c) The acknowledgment of the employment agency of such liability;

(d) Other satisfactory evidence of liability as may be shown which establishes the liability.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658. 245
Hist.: BL 10-1987(Temp), f. 9-3-87, ef. 10-1-87; BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

 

839-017-0272

Filing Claims Against Bond or Letters of Credit Maintained by the Employment Agency; Time for Filing Claims

(1) Claims against the bond will not be paid unless the claimant or claimant's assignee gives notice of the claim by certified mail to the surety.

(2) Any claim or Notice of Claim filed pursuant to a claimant's right of action must be filed as follows: If the filing is against a surety bond, the claim or notice must be filed with the surety. The name and address of the surety may be obtained from the employment agency.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

 

Civil Penalties for Violations of Private

Employment Agency Matters

839-017-0274

Violations for Which a Civil Penalty May Be Imposed

The Commissioner may impose a civil penalty not to exceed $2,000 against any person, firm, organization, limited liability company or corporation for violations of any of the following statutes, rules or orders:

(1) Violation of any provision of ORS 658.005 to 658.245.

(2) Violation of any provision of OAR 839-017-0000 to 839-017-0477.

(3) Violation of any term or condition of an Order of the Commissioner issued pursuant to any violation of ORS 658.005 to 658.245 and OAR 839-017-0000 to 839-017-0477.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

 

839-017-0275

Violations Separate and Distinct

Each violation is a separate and distinct offense. In the case of continuing violations, each day's continuance is a separate and distinct violation.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.115
Hist.: BL 8-1988 f. & cert. ef. 5-16-88

 

Administration

 

839-017-0276

Definitions

As used in OAR 839-017-0274 to 839-017-0280, a person acts knowingly when the person has actual knowledge of a thing to be done or omitted or should have known the thing to be done or omitted. A person should have known the thing to be done or omitted if the person has knowledge of facts or circumstances that would place the person on reasonably diligent inquiry. A person acts knowingly if the person has the means to inform himself or herself but elects not to do so. For purposes of this rule, a person, firm, organization, limited liability company or corporation is presumed to know the affairs of the employment agency.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 150(Temp), f. 12-13-73, ef. 12-15-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

 

839-017-0277

Criteria to Determine Civil Penalty

(1) The Commissioner shall consider the following mitigating and aggravating circumstance when determining the amount of any civil penalty to be imposed against an employment agency and shall cite those the Commissioner finds to be applicable:

(a) The actions of the employment agency in responding to previous violations of statutes and rules.

(b) Prior violations, if any, of statutes or rules.

(c) The opportunity and degree of difficulty to comply.

(d) Magnitude and seriousness of violation.

(e) Whether the employment agency knew or should have known of the violation.

(2) It shall be the responsibility of the employment agency to provide the Commissioner with evidence of any mitigating and aggravating circumstances set out in section (1) of this rule.

(3) In arriving at the actual amount of the civil penalty, the Commissioner shall consider the amount of money, if any, taken from an applicant for employment by the employment agency in violation of any statute or rule.

(4) Notwithstanding any other section of this rule, the Commissioner shall consider all mitigating and aggravating circumstances presented by the employment agency for the purpose of reducing the amount of the civil penalty to be imposed.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 150(Temp), f. 12-13-73, ef. 12-15-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

839-017-0280

Schedule of Civil Penalties

(1) The civil penalty for any one violation shall not exceed $2,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances.

(2) Repeated violations of the provisions of ORS 658.005 to 658.245 or OAR 839-017-0000 to 839-017-0477 are considered to be of such magnitude and seriousness that no less than $500 for each violation will be imposed when the Commissioner determines to impose a civil penalty.

(3) In addition to any other provision of these rules, the following violations are so serious and of sufficient magnitude that the minimum civil penalty indicated will be imposed, when the Commissioner determines to impose a penalty: Violation -- Minimum Penalty

(a) Knowingly giving, publishing or causing to be published false fraudulent or misleading information in violation of ORS 658.195, OAR 839-017-0177 and 839-017-0178 -- $1,000;

(b) Knowingly charging a fee in excess of the fee schedule published by the employment agency in violation of ORS 658.155. -- $700;

(c) Knowingly charging a fee without a bona fide job order in violation of ORS 658.165. -- $700;

(d) Knowingly referring an applicant for employment without a bona fide job order in violation of ORS 658.165. -- $700;

(e) Knowingly failing to provide an applicant for employment with a job referral document in violation of ORS 658.172 and OAR 839-017-0072 -- $500;

(f) Knowingly issuing a contract which terms would violate any law or knowingly attempting to fill a job order in violation of any law in violation of ORS 658.176. -- $500;

(g) Knowingly requiring or accepting a fee from an applicant for employment prior to the applicant actually starting work in violation of ORS 658.176. -- $500;

(h) Knowingly failing to comply with any provision pertaining to refunds to applicants for employment in violation of ORS 658.185. -- $300;

(i) Placing or assisting in the placement of any minor if the employment is in violation of laws regulating the employment of minors in violation of ORS 658.205(4). -- $500;

(j) Knowingly permitting a person of bad character to frequent or be employed by the agency in violation of ORS 658.205(2). As used in this subsection a "person of bad character" includes but is not limited to a person convicted of a felony; a person who has had a license revoked, suspended, denied or refused to be issued; a person who has repeatedly violated or caused to be repeatedly violated any statute or rule pertaining to private employment agency matters, tax matters and other statutes and rules pertaining to the employment of employees or to the protection of consumers in their dealings with employment agencies. -- $500;

(k) Knowingly referring the applicant for employment to a place where a labor dispute exists in violation of ORS 658.205(5). -- $500;

(l) Splitting a fee in violation of ORS 658.205(7). -- $500;

(m) Charging a fee in violation of ORS 658.205(8) and 658.205(9) -- $500;

(n) Requesting or accepting an assignment of wages in violation of ORS 658.205(10). -- $500.

(4) Notwithstanding section (3) of this rule, when the Commissioner determines to impose a civil penalty, the minimum civil penalty to be imposed for knowing violations of OAR 839-017-0180, Advertising Deemed False or Misleading, shall be $100. In the case of 2 or more violations of the same advertising provision in OAR 839-017-0180 that appears in the same publication on the same date, all such violations will be considered as one for purposes of computing the penalty.

(5) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-017-0277.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

 

Special Waivers

 

839-017-0300

Waiver from Use of Word "Agency" or "Agencies"

(1) Employment agencies desiring to apply for a waiver from the use of the word "agency" or "agencies" as required by ORS 658.195(4) may do so by submitting an application to the Bureau of Labor and Industries.

(2) Applications for a waiver will be in writing and on forms provided by the Bureau of Labor and Industries. All completed applications will be mailed or delivered to the Licensing Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon #32, Portland, Oregon, 97232.

(3) Applicants for waivers must clearly and concisely state each and every situation and each and every reason for desiring not to use the word "agency" or "agencies". All such reasons must be in writing and appear on the application form or attachments thereto.

(4) When granting or denying an application for a waiver, the Commissioner or the Commissioner's designated representative, will consider the following circumstances:

(a) Whether the name of the agency will convey to the public that an employment agency rather than an employer is involved when the word "agency" or "agencies" is not used;

(b) Whether descriptive language proposed to be used by the agency in conjunction with its licensed name will convey to the public that an employment agency rather than an employer is involved when the word "agency" or "agencies" is not used;

(c) Whether advertising materials are directed toward the public or employers;

(d) Whether signs are used primarily for identification purposes rather than advertising;

(e) Whether forms used by the agency are internal in nature and not normally seen by the applicant for employment;

(f) Other situations and circumstances as may be appropriate.

(5) The Commissioner or the Commissioner's designated representative, will consider any and all the circumstances set forth in section (4) of this rule when granting or denying an application.

(6) The Commissioner or the Commissioner's designated representative will specify each and every reason for denying an application and each and every condition on approval of the application, if any.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.195
Hist.: BL 5-1981, f. 6-2-81, ef. 6-8-81; BL 8-1988 f. & cert. ef. 5-16-88

Disputes Between Agencies and Their Employes

 

839-017-0376

Disputes Between Agencies and Their Employees

In order to properly settle any complaints that may arise and in order to establish all sums legally owed to any employee of the employment agency, the employment agency:

(1) Will maintain employment records of all employees for three years. These records will include the original application for employment with the agency and will indicate starting date of employment, rate of pay and/or rate of commission and method of compensation, and date of termination of employment if applicable.

(2) Shall retain for three years copies of all contracts signed with employees of the agency relative to conditions of employment.

(3) Will indicate on all receipts of moneys received from applicants in payments of fees, the name of employee or agent of the employment agency responsible for placement of applicant.

(4) Will give to each employee on payroll checks, or by separate document, a record of commissions or other sums earned and paid in full or in part during each payroll period established by the employer or at least every 35 days if no more frequent payroll period has been established.

(5) Canceled payroll checks, and state and federal tax reports shall be retained as required by State and Federal law.

(6) Records required by Fair Labor Standards Act (FLSA) and Oregon's minimum wage law must be kept for a period of three years on all employees regardless of the type of specific agreement for compensation between the agency and its employees.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.005 - ORS 658.245
Hist.: BL 150(Temp), f. 12-13-73, ef. 12-15-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 6-1997, f. & cert. ef. 11-13-97

 

Record Keeping

 

839-017-0476

Time for Maintenance of Records

(1) Except as provided in section (2) of this rule, all records of the employment agency will be maintained for a period of three years.

(2) Copies of all job advertisements with the information required by OAR 839-017-0477(6) thereon shall be maintained for a period of one year.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.078
Hist.: BL 150(Temp), f. 12-13-73, ef. 12-15-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88

 

839-017-0477

Method of Maintaining Records

(1) All records of the agency pertaining to a job referral, and placement of an applicant for employment shall be maintained together or adequately cross-indexed for easy retrieval by the Bureau of Labor and Industries. This includes, but is not limited to, the applications, contract, addendums to contracts, reference information (employment, personal, or credit), and a copy of all job orders and job referral documents.

(2) A separate file shall be maintained for applicants for employment placed by the agency, either alphabetically, or by adequate cross-index for easy retrieval for the Bureau of Labor and Industries.

(3) If the applicant for employment has been placed by the agency, the name of the employer, the starting date of employment, the amount of starting salary, the amount of the fee charged, and whether the fee is paid by the employer or the applicant shall be written on the application or appended to the application.

(4) An adequate file or log of job orders shall be maintained in chronological order. If an agency wishes, it may have a separate file for "fee paid" orders. When a job order position is filled by the agency, the true name as it appears on the contract of the individual who obtained the job, the date the job was filled, and the fee charged for the service will be appended to the job order.

(5) Each agency shall keep a record of all receipts of money received from an applicant for employment in payment of a charge for service. The receipts shall be filed together or adequately cross-indexed for easy retrieval for the Bureau of Labor and Industries. All receipts or evidence of refunds shall be filed with the receipts showing payment of a charge for service or adequately cross-indexed for easy retrieval for the Bureau of Labor and Industries.

(6) Each agency shall keep copies of all job advertisements correlated to show the date and the publication in which the advertisement appeared together with the job order number of each job advertised.

(7) When the charge for services of the employment agency is not made to or collected from individuals seeking or obtaining employment, for purposes of ORS 658.005 to 658.245 the agency is not required to keep records of contracts or receipts of moneys in connection with the placement of such individuals.

Stat. Auth.: ORS 658.210
Stats. Implemented: ORS 658.078
Hist.: BL 150(Temp), f. 12-13-73, ef. 12-15-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 12-1978, f. & ef. 8-16-78; BL 10-1987(Temp), f. 9-3-87, ef. 10-1-87; BL 8-1988 f. & cert. ef. 5-16-88

Rules Relating to Employment Listing Services

839-017-0500

Contracts Between Employment Listing Services and Individuals

(1) Before collecting a fee from an individual, Employment Listing Services must comply with the following provisions:

(a) The Employment Listing Service must execute a written contract with the individual; and

(b) The Employment Listing Service must provide a copy of the contract to the individual.

(2) Written contracts between an Employment Listing Service and individuals must include the following information:

(a) The name, physical address, mailing address if any, and telephone number of the Employment Listing Service;

(b) The name, address, and telephone number of the individual;

(c) A statement that the Employment Listing Service is registered with the Corporation Division pursuant to OAR 839-017-0515;

(d) The effective dates of the contract;

(e) The signature of an authorized Employment Listing Service representative and date of signature;

(f) The signature of the individual contracting with the Employment Listing Service and date of signature;

(g) The fee schedule of the Employment Listing Service as provided in OAR 839-017-0505;

(h) A description of the information that will be provided by the Employment Listing Service to the individual, including but not limited to:

(A) The format of the information to be provided (e.g., written publication, internet information, by telephone);

(B) How and when the information may be accessed by the individual; and

(C) When updates will be made to the information.

(i) A statement specifying the frequency of verification of the availability of positions by the Employment Listing Service;

(j) Any contract terms which may be changed by the Employment Listing Service and notification provisions relating to such changes;

(k) Provisions for and terms of any contract extensions;

(L) Any contract cancellation provisions;

(m) Any guarantees of the Employment Listing Service;

(n) Refund terms and conditions if any; and

(o) The following statements:

(A) "In addition to the penalties provided under ORS 658.115 and 658.991, an employment listing service shall forfeit any fees received from an individual if the employment listing service fails to provide to the individual a copy of:

(i) The fee schedule that the employment listing service charges;

(ii) All contracts entered into between the employment listing service and the individual; and any changes in the fees that the employment listing service charges an individual who uses its service." and

(B) "READ BEFORE SIGNING -- This is a contract. You understand that (Name of Employment Listing Service) provides information on bona fide job listings but does not guarantee you will be offered a job. You also understand you are liable for the payment of the fee when you receive the list or job listing information. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You must be given a copy of this contract at the time you sign it."

(3) There may be no oral agreements or additions to any contract between an Employment Listing Service and individual. Any terms, conditions, or understandings between an Employment Listing Service and individual must be in writing.

(4) Employment Listing Services must retain copies of all contracts for no fewer than three years from the execution date of the contract.

Stat. Auth.: ORS 658.210; Other Auth SB 341 (2003 Legislature)
Stats. Implemented: ORS 658-005 - 658-991
Hist.: BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04

839-017-0505

Fees Charged by Employment Listing Services

(1) Before collecting a fee from an individual, Employment Listing Services must comply with the following provisions:

(a) The Employment Listing Service must publish a schedule of its fees; and

(b) The Employment Listing Service must provide a copy of its schedule of fees to the individual.

(2) The schedule of fees required in this section may be incorporated in the contract between an Employment Listing Service and individual or may be a separate document incorporated by reference in the contract required by OAR 839-017-0500.

(3) Employment Listing Service fee schedules must include the following information:

(a) The effective dates of the fee schedule;

(b) The specific services provided by the Employment Listing Service and fee for each service;

(c) When fees are required to be paid to an Employment Listing Service by an individual;

(d) The circumstances under which any additional fees may be charged by an Employment Listing Service to an individual;

(e) Any payment terms, including any interest charges which may be assessed; and

(f) The following statement: "In addition to the penalties provided under ORS 658.115 and 658.991, an employment listing service shall forfeit any fees received from an individual if the employment listing service fails to provide to the individual a copy of:

(A) The fee schedule that the employment listing service charges;

(B) All contracts entered into between the employment listing service and the individual; and

(C) Any changes in the fees that the employment listing service charges an individual who uses its service."

(4) Notwithstanding the provisions of OAR 839-017-0505(3)(f), if the schedule of fees is included in the contract as provided in OAR 839-017-0505(2), the statement required by OAR 839-017-0505(3)(f) is only required once in the contract.

Stat. Auth.: ORS 658.210; Other Auth SB 341 (2003 Legislature)
Stats. Implemented: ORS 658-005 - 658-991
Hist.: BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04

839-017-0510

Confirmation of Position Availability by Employment Listing Services

(1) Employment Listing Services must confirm and document in writing the availability of positions included in the information provided to individuals at least once every ten business days.

(2) Employment Listing Services must document in writing the following information for each position listing published and confirmed thereafter:

(a) The name and address of the company where the position is located;

(b) The date the information regarding the position is received by the Employment Listing Service;

(c) The name, title, and telephone number of the person providing the position information to the Employment Listing Service;

(d) The name of the Employment Listing Service representative receiving the information about the position;

(e) The job title of the position;

(f) The requirements of the position;

(g) Whether the position is "full time" (32 or more hours/week) or "part time" (fewer than 32 hours/week);

(h) The location of the position;

(i) The salary, hourly pay rate, or salary or hourly pay range for the position; and

(j) How individuals may apply for the position.

(3) Employment Listing Services must remove a listing from any and all of its publications by the end of the first business day after receiving notice that the position is no longer available.

(4) Employment Listing Services must retain copies of the information obtained about positions for no less than one year from the date the information is obtained.

Stat. Auth.: ORS 658.210; Other Auth SB 341 (2003 Legislature)
Stats. Implemented: ORS 658-005 - 658-991
Hist.: BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04

839-017-0515

Employment Listing Services Required to be Registered

Employment Listing Services must be actively registered with the Corporation Division of the Oregon Secretary of State's Office.

Stat. Auth.: ORS 658.210; Other Auth SB 341 (2003 Legislature)
Stats. Implemented: ORS 658-005 - 658-991
Hist.: BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04

839-017-0520

Fee Forfeiture Provisions

In addition to the penalties provided under ORS 658.115 and 658.991, an Employment Listing Service shall forfeit any fees received as a result of any violation of the following provisions:

(1) Failure to provide a copy of the fee schedule that the Employment Listing Service charges an individual for its services to the individual;

(2) Failure to provide a copy of the contract entered into between an Employment Listing Service and an individual to the individual; or

(3) Failure to provide a copy of any changes in the fees that the Employment Listing Service charges an individual who uses its services to the individual.

Stat. Auth.: ORS 658.210; Other Auth SB 341 (2003 Legislature)
Stats. Implemented: ORS 658-005 - 658-991
Hist.: BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04

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