Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-202 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Agency manager" means the individual designated by the employment agency to conduct the general management, administration, and operation of a designated employment agency office. Every employment agency must maintain a licensed agency manager at each of its separate office locations;
(2)
"Applicant" except when used to describe an applicant for an employment agency or agency manager's or counselor's license means any person, whether employed or unemployed, seeking or entering into an arrangement for employment or change of employment through the medium or service of an employment agency;
(3)
[Repealed.]
(4)
[Repealed.]
(5)
"Employee" means a person performing or seeking to perform work or service of any kind or character for compensation;
(6)
"Employer" means a person employing or seeking to employ a person for compensation;
(7)
(A)
"Employment agent" or "employment agency" means any person engaged for hire, compensation, gain, or profit in the business of furnishing persons seeking employment with information or other service enabling the persons to procure employment by or through employers or furnishing any other person who may be seeking to employ or may be in the market for help of any kind with information enabling the other person to procure help.
(B)
However, "employment agent" or "employment agency" does not mean:
(i)
Any person who prepares resumes for individuals for employment purposes if the person who prepares the resumes does not refer or purport to refer prospective employees to employers or employers to prospective employees, does not represent himself or herself as an employment agency, or does not have any financial connection with any employment agency;
(ii)
Any person who employs individuals to render part-time or temporary services to, for, or under the direction of a third person if the person employing the individuals, in addition to paying wages or salaries, pays federal Social Security taxes and state and federal unemployment insurance and secures work-service to, for, or under the direction of a third person;
(iii)
Any bona fide nursing school, nurses' registry, management consulting firm, business school, or vocational school whose primary function and purpose is training and education, except that if such an organization charges a fee, directly or indirectly, for job placement of individuals, the organization shall be an employment agency within the meaning of this subchapter;
(iv)
A labor organization;
(v)
Any person who publishes advertisements placed and paid for by a third person seeking employment or an employee, provided that the person does not procure or offer to procure employment or employees; or
(vi)
Any person who contracts with an employer to recruit employees for the employer without charge to the prospective employee;
(8)
"Employment counselor" means an employee of any employment agency who interviews, counsels, or advises applicants or employers, or both, on employment or allied problems or who makes or arranges contracts or contacts between employers and employees. The term "employment counselor" includes employees who solicit orders for employees from prospective employers;
(9)
"Fee" shall mean anything of value, including any money or other valuable consideration exacted, charged, collected, or received, directly or indirectly, or paid or contracted to be paid for any services or act by an employment agency; and
(10)
"Person" means any individual, company, firm, association, partnership, or corporation.
Amended by Act 2019, No. 910,§ 5368, eff. 7/1/2019.
Acts 1975, No. 493, § 2; 1977, No. 390, § 1; A.S.A. 1947, § 81-1014; Acts 1989, No. 750, § 1; 1997, No. 435, § 1.