For Your Information
What Is An Employment Agency?
These definitions are taken from Statutes and Regulations, Regulated Business Section, Division of Consumer Affairs, NJ Department of Law and Public Safety. While not law in Pennsylvania and Delaware, the MAAPC Webmaster believes that this information provides, for the purpose of this Web site, an adequate representation of the industry standard in the tri-state region.
"'Employment agency' means any person who, for a fee, charge or commission:
-procures or obtains, or offers, promises or attempts to procure, obtain, or assist in procuring or obtaining employment for a job seeker or employees for an employer; or
-supplies job seekers to employers seeking employees on a part-time or temporary assignment basis who has not filed notification with the Attorney General pursuant to the provisions of section 1 of P.L.1981,c.I (C.56:8-I.I); or
-procures, obtains, offers, promises or attempts to procure or obtain employment or engagements for actors, actresses, performing artists, vocalists, musicians or models; or
-acts as a placement firm, career counseling service, or resume service; or
-acts as a nurses' registry."
Additional terms taken from the same source:
"'Accepting employment' means that a job seeker has entered into an agreement with an employer which includes:
-the terms and conditions of employment;
-the salary or wages and any benefits to be paid to the job seeker as compensation for employment.
'Agent' means any individual who performs any function or activity for or on behalf of any person, the purpose of which is to provide services or products to individuals seeking employment, career guidance or counseling, or employment related services or products.
'Applicant' means any person applying for licensing or registration under this act.
'Fee, charge, or commission' means any payment of money, or promise to pay money to a person in consideration for performance of any service for which licensure or registration is required by this act, or the excess of money received by a person furnishing employment or job seekers over what he has paid for transportation, transfer of baggage or lodging for a job seeker. 'Fee, charge, or commission' shall also include the difference between the amount of money received by any person who either furnishes job seekers or performers for any entertainment, exhibition or performance, or who furnishes baby sitters for any occasion, and the amount paid by the person to the job seekers, performers, or baby sitters.
'Job seeker' means any individual seeking employment, career guidance or counseling or employment related services or products.
'Job seeker contingent liability' means a provision in an agreement between an employment agency and a job seeker whereby the job seeker may become liable, in whole or in part, to pay a fee, charge or commission of any amount, directly or indirectly, on account of any service rendered by the employment agency."
This information is presented as a public service of the Mid Atlantic Association of Personnel Consultants and is not intended as legal advice.
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