§373-11  Prohibition.  No employment
agency licensed under this chapter and no agent or employee of an employment
agency shall do, make, or cause to be made or done any of the following acts
herein prohibited and every employment agency, its agents, and employees shall
do and perform every act, duty, or requirement hereinafter prescribed.



(1)  No employment agency shall cause to be printed,
published, or circulated any false, fraudulent, or misleading information,
notice, or advertisement, nor shall an employment agency give or cause to be
made or given any false promise, misrepresentation, or misleading statement or
information.



(2)  No employment agency shall send out any resume or
applicant for employment without having first obtained either orally or in
writing a bona fide job order from the prospective employer.



(3)  No employment agency shall knowingly send out any
applicant for employment to any place where a strike, walk-out, or other labor
dispute exists without first furnishing the applicant with a written statement
as to the existence of the labor dispute, and the employment agency shall
retain on file for two years after the date thereof, a copy of the statement of
fact, signed by the applicant so sent.



(4)  No employment agency shall divide or share, or
offer to divide or share with any employer, the employer's employees, agents,
or representatives, any fee, charge, or compensation received from any
applicant.  No employment agency shall cause or attempt to cause the discharge
of any person not an employee of the employment agency for the purpose of
obtaining other employment through the agency for such person.



(5)  No employment agency shall send out any minor
applicant for employment without making an investigation of the nature of the
employment or engagement and the duties thereof and reputation of the
employer.  No employment agency shall wilfully or knowingly send or direct any
applicant for employment to any employment of an immoral character.  No
employment agency shall wilfully or knowingly procure or place or attempt to
place any minor in any employment in any place where intoxicating liquors are
served or sold.



(6)  No employment agency shall wilfully or knowingly
place or assist in placing any applicant in employment in violation of any law
of this State or any lawful order, rule, or regulation prescribed by the
director.



(7)  No employment agency shall require an applicant
to pay any advance fee or any other fee, deposit, or compensation other than as
prescribed in this chapter.



(8)  No employment agency shall display, on any sign
or window or in any publication the name "United States Employment
Service" or "State of Hawaii Employment Service".



(9)  No employment agency or any person connected
therewith shall receive or require any applicant to execute any power of
attorney, promissory note, negotiable instrument, assignment of wages or
salary, note authorizing a confession of judgment, or any instrument or
document relating to the liability of the applicant.



(10)  No employment agency or any person connected
therewith shall make representations to applicants concerning prospective
positions, the character and probable length of employments, hours, salary, and
other relevant terms and conditions of employment which are not, to the best of
its knowledge, accurate.



(11)  No employment agency shall withhold from
applicants written disclosure of any fees or charges for services rendered
prior to the rendering of such services.



(12)  No employment agency shall provide information
relating to an applicant's personal record, employment record, qualifications,
and salary requirement to an employer directly, by mail, or otherwise, unless
such information is accurate and complete to the best of its knowledge, and the
employer has expressed an interest in the applicant.



(13)  No employment agency shall charge an applicant
any fee or service charge until such time as an applicant is employed by an
employer as a result of the employment agency's efforts and has received actual
earnings from employment.



(14)  No employment agency shall require the employer
to withhold from the applicant's actual earnings from employment any fee or
service charge that has been negotiated by contract between the applicant and
the employment agency unless the withholding of such fee or service charge is
specifically authorized or requested, by full signature, in writing by the
applicant. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-11;
HRS §373-11; am L 1973, c 52, §1; am L 1980, c 302, pt of §2; am L 1982, c 207,
§1; am L 1985, c 135, §6; gen ch 1985; am L 2002, c 22, §8]



 



Cross References



 



  Child labor restrictions, see chapter 390.