Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0180 - Advertising Deemed False or Misleading

Current through Register Vol. 63, No. 7, July 1, 2024
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