Employment Agency, Employment Counseling, and Job Listing Services ActEmployment Agencies
Section § 1812.503
If you run an employment agency in California, you must have a $3,000 bond from a recognized surety company and file a copy with the Secretary of State. This bond ensures you pay anything owed to individuals and covers damages if you or your staff act dishonestly or unlawfully. You can't operate your business without this bond, and you'll need to replace it if it gets canceled. If you use a deposit instead of a bond and someone makes a claim, the Secretary of State will handle it. Claims can't be paid until 240 days have passed, and all approved claims are paid proportionally if there isn't enough money. Deposits can’t be taken for other debts and are held for two years after you stop your agency unless released earlier by a judge. The Secretary of State charges a fee for filing bonds or deposits and ensures compliance with these rules.
Section § 1812.504
This law requires employment agencies in California to provide jobseekers with a written contract when they are charged a fee or deposit. The contract should detail information about the agency, the jobseeker, and the employer, including fees, job type, work hours, and benefits. It must also state a "right to refund" policy if the job doesn't work out for certain valid reasons. The contract must be dated, signed, and given in writing to both the jobseeker and the agency, and it should not be valid for more than 180 days unless continued under specific conditions. If an agency makes job referrals by phone, they must promptly mail a contract to the jobseeker. Special provisions apply to domestic agencies operating as registries.
Section § 1812.505
This law sets out the rules for employment agencies when it comes to charging fees to jobseekers. Agencies must provide clear information about their fee schedules, display them prominently, and keep records of changes. They cannot charge more than what's listed, accept registration fees, or require jobseekers to sign promissory notes. Agencies must give receipts for deposits, which are applied to fees if the job is accepted. If a jobseeker leaves a job with good reason or is fired for reasons unrelated to misconduct within 90 days, the agency must adjust the fees and offer refunds. Fees for temporary work are capped and cannot exceed what is allowed for permanent positions. In addition, fees based on commission earnings can be adjusted after the first year depending on actual earnings. Agencies may charge a placement fee if a jobseeker accepts a job different from the one they were initially referred for, but only within certain time limits. Furthermore, agencies cannot share fees with employers or charge for securing a job at the agency itself.
Section § 1812.506
This law says if you pay a fee to an employment agency but then don't take the job, you can ask for your money back. If the agency doesn't return your money within 48 hours, they owe you double. Also, if you leave a job within 90 days because conditions weren't what you agreed to, like lower pay or different hours, the agency should refund part of the fee unless it was your fault, like quitting without a reason. If the agency decides not to refund, they need to tell you why in writing within 10 days. If they don't do this or pay you within the time limit, they have to pay you double.
Section § 1812.507
This law makes sure that employment agencies can't charge job seekers or send them for jobs unless they have a real job order. Agencies have to tell employers they're an employment agency when asking for job orders, which should be in writing. Job orders can be official if an employer asks an agency to find candidates who match their needs or if an employer shows interest in a candidate the agency brings. Agencies can’t refer job seekers to fake jobs or jobs they aren't fit for, nor can they list jobs without employer permission.
Section § 1812.508
This law prevents employment agencies from using any false or misleading advertisements regarding the services they provide. Agencies must include their correct name, address, or phone number in ads, and clearly distinguish between jobs where fees are charged to jobseekers and those that aren't. Agencies must avoid implying they offer home health services if they don't. Complaints against these agencies can be directed to law enforcement. When it comes to job listings, any special job requirements must be clearly stated and nonlocal jobs should be marked. Salary details must be accurately represented, and agencies are required to keep records of job ads for one year.
Section § 1812.509
This law places specific rules and restrictions on employment agencies in California. First, it prohibits agencies from helping minors apply for jobs if those jobs would violate certain labor or education codes. It also requires agencies to inform job seekers if the job they're applying for involves a labor contract or requires union membership. If there's any ongoing strike or labor trouble at the workplace, agencies must notify the job seekers and note this on their contracts. Additionally, agencies must interview and verify the experience of job seekers before referring them for babysitting, domestic roles, or temporary health care positions. For temporary health care jobs, the agency must also confirm the candidate's license or certification and ensure the candidate has passed a criminal background check.
Section § 1812.5093
If you're hiring a child care provider through an employment agency and don't need the provider to be at a licensed day care, the agency must give you details about a trustline registry. This registry shows if the provider has passed a criminal history check. The agency must tell you how to get more info and check if the provider is in the registry. They also can't offer you providers who aren't part of the registry. Finally, you need to confirm in writing that you've received all this information.
Section § 1812.5095
This law explains the specific conditions under which an employment agency that refers domestic workers is not considered their employer. For the agency not to be deemed the employer, several criteria must be met. These include having a signed contract with the domestic worker, where the worker can choose other agencies and negotiate their work terms freely. The agency cannot control or supervise the worker's tasks and does not supply tools for the job. Payments should be direct either to the worker or through a trust account if made to the agency. The agency is responsible for clarifying that the worker might need permits, isn't covered by unemployment or similar insurances through them, and must verify the worker's legal status to work. Statements clarifying the agency's role should be provided to the person seeking domestic services before and after referrals. Misleading the public about the agency's role is considered unfair competition and is subject to penalties.