W. Va. Code R. § 42-1-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-1-7 - Prohibited Activities
7.1. No private employment agency shall:
(a) Impose any fees for the registration of applicants in excess of one dollar ($1.00).
(b) Engage or attempt to engage in the splitting or sharing of fees with an employer, an agent or other employee of an employer, or other person to whom employment service has been furnished, or any other person not authorized to charge a fee under these rules and regulations.
(c) Make, give or cause to be made or given, to any applicant for employees or employment any false promise, misrepresentation or inaccurate or misleading statement or information if such agency had knowledge or should have had knowledge of such falsity, misrepresentation or inaccurate or misleading statement or information.
(d) Procure and/or attempt to procure the discharge of any person from his or her employment.
(e) Unduly influence an employee to quit his or her employment for the purpose of obtaining other employment through such agency.
(f) Require applicants for employees or employment to subscribe to any publication or incidental service or contribute to the cost of advertising.
(g) Refer any person to employment deleterious to health or morals if the agency had knowledge or should have had knowledge of such conditions.
(h) Refer any employee or applicant for employment to a place where a strike, lockout or labor dispute exists without furnishing such employee or applicant with a written statement as to the existence of such strike, lockout or labor dispute, if the agency had knowledge or should have had knowledge of such facts or conditions, a copy of which statement signed by the employee or applicant shall be kept on file for one (1) year after the date thereof.
(i) Make any referral to an employment or occupation prohibited by law.
(j) Operate directly or indirectly in conjunction with the private employment agency, any lodging house, restaurant, small loan company, collection agency, any place where beer is sold or dispensed, or adjacent to any establishment determined not to be conducive to the proper operation of business.
(k) Conduct a private employment agency business in a room or rooms used for eating, sleeping or other living purposes except with the written permission of the Labor Commissioner.
(l) Make or cause to be made or use any name, sign or advertising device bearing a name which may be similar to or reasonably be confused with the name of any agency of the local, state or federal government.
(m) Use any contract form or other forms for execution by an applicant for employment unless approved by the Labor Commissioner.
(n) Refer any person to any employer unless said employment agency has received a valid order for such placement. Forms to be used for valid order shall be uniform and approved by the Labor Commissioner.

W. Va. Code R. § 42-1-7