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94a-4
94A.4 PROHIBITIONS.
1. A person shall not require an employee to pay a fee as a
condition of application with an employer or an employment agency.
2. An employee shall not be required to pay a fee to an employer
as a condition of hire.
3. An employer shall not require an employee to reimburse the
employer for a fee the employer paid to an employment agency or other
person or entity when the employee was hired.
4. An employment agency shall not do any of the following:
a. Send an employee or an application of an employee to an
employer who has not applied to the employment agency for help or
labor.
b. Through false notice, advertisement, or other means,
fraudulently promise or deceive a person seeking help or employment
with regard to the service to be rendered by the employment agency.
c. Divide a fee received from an employee with an employer or
any member of an employer's staff. The division of fees between one
or more employment agencies that provided services is not prohibited.
d. Charge an employee any fee greater than the fee schedule
on file with the commissioner without prior consent of the
commissioner.
e. Charge a fee greater than fifteen percent of the
employee's annual gross earnings.
f. Require an employee to pay a fee in advance of earnings.
If an employee wishes to pay a fee in advance of earnings, the
contract between the employee and employment agency shall state that
any advance payment by the employee is voluntary. If an employee
works less than one year at the referred employment, the employment
agency shall refund any amount in excess of fifteen percent of the
employee's gross earnings from the referred employment. Section History: Recent Form
99 Acts, ch 130, §4
