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teachers and registered

nurses ex

cepted.

curing or assisting or promising to procure employment, work, engagement or a situation of any kind, or for procuring or providing help or promising to provide help for any person, whether such fee is collected from the applicant for employment or the applicant for help, Agencies for excepting agencies conducted exclusively for procuring employment for persons as teachers, and in recognized educational institutions only, as occupants of technical or executive positions, and registries of all incorporated associations of registered nurses and bureaus conducted by registered medical institutions, and excepting also departments maintained by persons, firms, corporations or associations for the purpose of securing help for themselves where no fee is charged the applicant for employment. The term fee, as used in this act, means money or a promise to pay money. The term fee also means and includes the excess of money received by any such licensed person over what he has paid for transportation, transfer of baggage or lodging for any applicant for employment. The term fee, as used in this act, also means and includes the difference between the amount of money received by any person who furnishes employes or performers for any entertainment, exhibition or performance and the amount paid by said person to the employes or performers whom he hires to give such entertainment, exhibition or performance. The term privilege, as used in this act, means and includes the furnishing of food, supplies, tools or shelter to contract laborers, commonly known as commissary privileges.

"Fee."

"Privilege."

Agencies licensed.

Penalty for not securing license.

License fee.

2. LICENSE. No person shall open, keep or carry on any such employment agency unless every such person shall procure a license therefor from the mayor or the head officer in which such person intends to conduct such agency. Such license shall be posted in a conspicuous place in said agency. Any person who shall open or conduct such an employment agency without first procuring said license shall be guilty of a misdemeanor, and shall be punishable by a fine of not less than fifty dollars and not more than two hundred and fifty dollars, or by imprisonment for a period of not more than one year, or both, at the discretion of the court. Such license shall be granted upon the payment to the treasurer of

license.

able.

agencies.

such municipality, or other similar officer, of a fee of not exceeding twenty-five dollars annually for such employment agency, the amount of such fee to be fixed by said mayor or other head officer, one-half of which license fee shall go to and be paid to the chief of police or to the license inspector if one be appointed. Every Statement in license shall contain the name of the person licensed, a designation of the city, street and number of the house in which the person licensed is authorized to carry on the said employment agency, and the number and date. of such license. Such license shall not be valid to protect any other than the person to whom it is issued, or any place other than that designated in the license, and shall not be transferred or assigned to any other person Not transferunless consent is obtained from the mayor or other head officer. No such agency shall be located in rooms used Location of for living purposes or where boarders or lodgers are kept or where meals are served or where persons sleep or in connection with a building or on premises where intoxicating liquors are sold to be consumed on the premises, excepting cafés and restaurants in office buildings. If said licensed person shall conduct a lodginghouse for the unemployed, separate and apart from such agency, it shall be so designated in the license. The ap- Application plication for such license shall be filed not less than one week prior to the granting of said license, and the mayor or other head officer shall act upon such application within thirty days from the time of such application. Every such applicant shall be required to furnish satis- Proof of factory proof, by affidavits, of good, moral character. and any person may protest against the issuance or the transfer of any license. The names and addresses of all Name posted. applicants for licenses or for transfers of licenses shall be posted daily in the office of the clerk of said municipality. The license shall run to the first day of January Duration of next ensuing the date thereof, and no longer, unless sooner revoked by the mayor or other head officer granting the same.

for license.

character.

license.

applications.

3. REGISTER; REFERENCES.-It shall be the duty of Register of every such licensed person, except those conducting theatrical agencies, or agencies for the employment of

Register of acceptances.

vaudeville performers, or nurses' registries, or agencies for the procuring of technical, clerical, sales or executive positions for men only, to keep a register, approved by the mayor or other head officer, in which shall be entered, in the English language, the date of the application for employment; the name and address of the applicant to whom employment is promised or offered; the amount of the fee received, and, whenever possible, the names and addresses of former employers or persons to whom such applicant is known. Such licensed person, except those above specified in this section, shall also enter in a separate register, to be approved as aforesaid, in the English language, the name and address of every applicant accepted for help, the date of such application, kind of help requested, the names of the persons sent, with the designation of the one employed, the amount of the fee received and the rate of wages agreed upon. The aforesaid registers of applicants for employment and for help shall be open during office hourse to inspection by the officers of said municipality. No such licensed person, his agent or employes, shall make any false entry Knowledge of in such registers. It shall be the duty of every licensed person, whenever possible, to communicate orally or in writing with at least one of the persons mentioned as references for every applicant for work in private families, or employed in a fiduciary capacity, and the result of such investigation shall be kept on file in such agency; provided, that if the applicant for help voluntarily waives in writing such investigation of references by the licensed person, failure on the part of the licensed person to make such investigation shall not be deemed a violation. of this act. Every licensed person exempted from the provisions of this section as to the keeping of registers shall keep accurate records, in the English language, of all persons to whom work is promised or offered, or from whom a fee is taken, and of all persons from whom an application for an employe is accepted, together with the date of the engagement, the amount of the fee received and the rate of remuneration agreed upon.

references.

Proviso.

Record of promised work.

Fees-percentage of wages.

4. FEES; RECEIPTS.-The fees charged applicants for employment as lumbermen, agricultural hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters,

if applicant

waitresses, scrubwomen, laundresses, maids, nurses (except professional) and all domestics and servants, unskilled workers and general laborers, shall not in any case exceed ten per centum of the first month's wages, and for all other applicants for employment shall not exceed the amount of the first week's wages or salary, or five per centum of the first year's salary, except when the employment or engagement is of a temporary nature, not to exceed in any single contract one month, then the fee shall not exceed ten per centum of the salary paid. In case the applicant shall not accept or obtain help or Return of fee employment, through such agency, then such licensed not accepted. person shall on demand repay the full amount of the said fee, allowing three days' time to determine the fact of the applicant's failure to obtain help or employment. If an employe furnished fails to remain one week in the situation, a new employe shall be furnished to the applicant for help if he so elects, or three-fifths of the fee returned, within four days of demand; provided, said Proviso. applicant for help notifies said licensed person within thirty days of the failure of the applicant to accept the position or of the applicant's discharge for cause. If the employe is discharged within one week without said If employe employe's fault, another position shall be furnished or three-fifths of the fee returned to the applicant for employment, if he so elects. Failure of said applicant for help to notify said licensed person that such help has been obtained through means other than said agency shall entitle said licensed person to retain or collect threefifths of the said fee. No such licensed person shall send out any applicant for employment without having obtained, either orally or in writing, a bona fide order therefor, and if it shall appear that no employment of the kind applied for existed at the place to which said applicant was directed, the said licensed person shall refund to such applicant, within three days of demand, any sums paid by said applicant for transportation in going to and returning from said place, and all fees paid by said applicant. It shall be the duty of such Receipt licensed person to give to every applicant for employment from whom a fee shall be received a receipt, in

discharged

within week.

Position

offered to be

bona fide.

issued.

section

printed.

Fees not divided.

which shall be stated the name of said applicant, the date and amount of the fee, and the purpose for which it was paid, and to every applicant for help a receipt stating the name and address of said applicant, the date and amount of the fee, and the kind of help to be provided. Language of Every such receipt, excepting only those given by theatrical, and those procuring technical, clerical, sales and executive positions for men only, shall have printed on the back thereof a copy of this section, in the English language, and in any language which the person to whom the receipt is issued can understand. No such licensed person shall receive or accept any valuable thing or gift as a fee or in lieu thereof. No such licensed person shall divide fees with contractors or their agents, or other employers, or anyone in their employ to whom applicants for employment are sent. Every such licensed person shall give to each applicant for employment a card or printed paper containing the name of the applicant, name and address of such employment agency, and the written name and address of the person to whom the applicant is sent for employment. Every such licensed person shall post in a conspicuous place in each room of such agency sections four, five and six of this act, which shall be printed in large type, in languages which persons commonly doing business with such office can understand. Such printed law shall also contain the name and address of the officer charged with the enforcement of this law.

Applicant's card.

Sections of

law posted in agency.

Not induce servants to leave.

Statement filed when contract

laborer goes outside city.

5. EMPLOYMENT CONTRACT.-No such person shall induce or attempt to induce any domestic employe to leave his employment with a view to obtaining other employment through such agency. Whenever such licensed person, or any other acting for him, agrees to send one or more persons to work as contract laborers in any one place outside the city in which such agency is located, the said licensed person shall file with the mayor or commissioner of licenses, within five days after the contract is made, a statement containing the following items: Name and address of the employe; nature of the work to be performed, hours of labor; wages offered, destination of the persons employed and terms of trans

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