West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-01 - Supervision Of Private Employment Agencies, Legislative And Procedural Rules And Regulations › Section 42-1-7 - Prohibited Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				No private employment agency shall:
(a) Impose
				any fees for the registration of applicants in excess of one dollar
				($1.00).
(b) Engage or attempt to
				engage in the splitting or sharing of fees with an employer, an agent or other
				employee of an employer, or other person to whom employment service has been
				furnished, or any other person not authorized to charge a fee under these rules
				and regulations.
(c) Make, give or
				cause to be made or given, to any applicant for employees or employment any
				false promise, misrepresentation or inaccurate or misleading statement or
				information if such agency had knowledge or should have had knowledge of such
				falsity, misrepresentation or inaccurate or misleading statement or
				information.
(d) Procure and/or
				attempt to procure the discharge of any person from his or her
				employment.
(e) Unduly influence an
				employee to quit his or her employment for the purpose of obtaining other
				employment through such agency.
(f)
				Require applicants for employees or employment to subscribe to any publication
				or incidental service or contribute to the cost of advertising.
(g) Refer any person to employment
				deleterious to health or morals if the agency had knowledge or should have had
				knowledge of such conditions.
(h)
				Refer any employee or applicant for employment to a place where a strike,
				lockout or labor dispute exists without furnishing such employee or applicant
				with a written statement as to the existence of such strike, lockout or labor
				dispute, if the agency had knowledge or should have had knowledge of such facts
				or conditions, a copy of which statement signed by the employee or applicant
				shall be kept on file for one (1) year after the date thereof.
(i) Make any referral to an employment or
				occupation prohibited by law.
(j)
				Operate directly or indirectly in conjunction with the private employment
				agency, any lodging house, restaurant, small loan company, collection agency,
				any place where beer is sold or dispensed, or adjacent to any establishment
				determined not to be conducive to the proper operation of business.
(k) Conduct a private employment agency
				business in a room or rooms used for eating, sleeping or other living purposes
				except with the written permission of the Labor Commissioner.
(l) Make or cause to be made or use any name,
				sign or advertising device bearing a name which may be similar to or reasonably
				be confused with the name of any agency of the local, state or federal
				government.
(m) Use any contract
				form or other forms for execution by an applicant for employment unless
				approved by the Labor Commissioner.
(n) Refer any person to any employer unless
				said employment agency has received a valid order for such placement. Forms to
				be used for valid order shall be uniform and approved by the Labor
				Commissioner.