justicedao/ipfs_state_laws huggingface dataset:
839-017-0030 Refunds to Applicants (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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.185 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149, f. 10-30-73, ef. 11-1-73
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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.168 History: BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
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. Statutory/Other Authority: ORS 658.210 & 658.078 Statutes/Other Implemented: ORS 658.078 History: BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
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: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 8-1988, f. & cert. ef. 5-16-88 BL 200-1977, f. 11-1-77, cert. ef. 11-15-77 BL 157, f. 2-20-74, cert. ef. 3-15-74 BL 156-1974(Temp), f. 2-20-74, cert. ef. 3-1-74 BL 149-1973(Temp), f. 10-30-73, cert. ef. 11-1-73
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: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.168(4) History: BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
839-017-0051 Definitions for Job Order and Job Referral Document Rules (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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.165 History: BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156, f. 2-20-74, ef. 3-1-74 BL 149(Temp), f 10-30-73, ef. 11-1-73
839-017-0052 Bona Fide Job Order Requirements (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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 8-1988, f. & cert. ef. 5-16-88 BL 200-1977, f. 11-1-77, cert. ef. 11-15-77 BL 157, f. 2-20-74, cert. ef. 3-15-74 BL 156-1974(Temp), f. 2-20-74, cert. ef. 3-1-74 BL 149-1973(Temp), f. 10-30-73, cert. ef. 11-1-73
839-017-0053 When an Exploratory Job Order/Interview Is 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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.165 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
839-017-0054 Identification by Agency to Employer and Accepting Fee Paid Orders (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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 8-1988, f. & cert. ef. 5-16-88 BL 200-1977, f. 11-1-77, cert. ef. 11-15-77 BL 157, f. 2-20-74, cert. ef. 3-15-74 BL 156-1974(Temp), f. 2-20-74, cert. ef. 3-1-74 BL 149-1973(Temp), f. 10-30-73, cert. ef. 11-1-73
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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.165 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 9-1980, f. & ef. 9-5-80 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
839-017-0070 Job Referral Documents (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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 8-1988, f. & cert. ef. 5-16-88 BL 200-1977, f. 11-1-77, cert. ef. 11-15-77 BL 157, f. 2-20-74, cert. ef. 3-15-74 BL 156-1974(Temp), f. 2-20-74, cert. ef. 3-1-74 BL 149-1973(Temp), f. 10-30-73, cert. ef. 11-1-73
839-017-0071 Job Referral Documents 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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.172 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
839-017-0072 Applicants Required to Receive Job Referral Documents 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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.172 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
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: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.165 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 150(Temp), f. 12-13-73, ef. 12-15-73
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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.165 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 150(Temp), f. 12-13-73, ef. 12-15-73
839-017-0103 Definitions for the Purpose of Solving Interagency Disputes (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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.165 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 150(Temp), f. 12-13-73, ef. 12-15-73
839-017-0151 Interest, Fees, or Other Charges Allowed as Credits for Permanent Employment Lasting Less Than 90 Days 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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.165 History: BL 12-1978, f. & ef. 8-16-78 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.165 History: BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
839-017-0153 Agencies Required to Make Effort to Procure Necessary Information for Making Rebates 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. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.165 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73