§373-11  Prohibition.  No employmentagency licensed under this chapter and no agent or employee of an employmentagency shall do, make, or cause to be made or done any of the following actsherein prohibited and every employment agency, its agents, and employees shalldo 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 bemade or given any false promise, misrepresentation, or misleading statement orinformation.

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

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

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

(5)  No employment agency shall send out any minorapplicant for employment without making an investigation of the nature of theemployment or engagement and the duties thereof and reputation of theemployer.  No employment agency shall wilfully or knowingly send or direct anyapplicant for employment to any employment of an immoral character.  Noemployment agency shall wilfully or knowingly procure or place or attempt toplace any minor in any employment in any place where intoxicating liquors areserved or sold.

(6)  No employment agency shall wilfully or knowinglyplace or assist in placing any applicant in employment in violation of any lawof this State or any lawful order, rule, or regulation prescribed by thedirector.

(7)  No employment agency shall require an applicantto pay any advance fee or any other fee, deposit, or compensation other than asprescribed in this chapter.

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

(9)  No employment agency or any person connectedtherewith shall receive or require any applicant to execute any power ofattorney, promissory note, negotiable instrument, assignment of wages orsalary, note authorizing a confession of judgment, or any instrument ordocument relating to the liability of the applicant.

(10)  No employment agency or any person connectedtherewith shall make representations to applicants concerning prospectivepositions, the character and probable length of employments, hours, salary, andother relevant terms and conditions of employment which are not, to the best ofits knowledge, accurate.

(11)  No employment agency shall withhold fromapplicants written disclosure of any fees or charges for services renderedprior to the rendering of such services.

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

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

(14)  No employment agency shall require the employerto withhold from the applicant's actual earnings from employment any fee orservice charge that has been negotiated by contract between the applicant andthe employment agency unless the withholding of such fee or service charge isspecifically authorized or requested, by full signature, in writing by theapplicant. [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.