(a) No person who obtains a license for an employment agency under §§ 564—574 of this title shall perform any of the following acts:
(1) Require applicants for employment to subscribe to any publication or incidental service or contribute to the cost of advertising;
(2) require the payment of fees for the registration of applicants for employment or any fee except for furnishing employees or employment obtained directly through the efforts of such agency;
(3) receive or require any person to execute or sign a document relating to the liability of any applicant for employment, except on forms previously approved by the Secretary of Labor and Human Resources, and all documents made or executed contrary to the provisions of §§ 564—574 of this title shall be null and void;
(4) make, give, or cause to be made or given to any applicant for employees, any false promise or inaccurate or false information;
(5) cause to be used any sign or advertising device which at the time is being used by the Employment Service of the Department or any other public employment service of the Government;
(6) send any applicant for employees or employment to a place where a strike or lockout exists, without previously furnishing such applicant with a written notice as to the existence of such strike or lockout; Provided, That a copy of said notice shall be signed by the applicant and kept in the files of the agency for one year after the date thereof;
(7) engage or attempt to engage in the splitting or sharing of fees (as such terms are defined by the Secretary of Labor and Human Resources) with any person unable lawfully to charge a fee under §§ 564—574 of this title;
(8) procure or attempt to procure the discharge of any person from his employment;
(9) induce or attempt to induce an employee to leave his employment for the purpose of obtaining other employment through such agency;
(10) place an applicant in an employment or occupation prohibited by law;
(11) have a financial or any other interest in a restaurant, labor camp, or any other place where intoxicating beverages are sold;
(12) except with the written consent of the Secretary of Labor and Human Resources, conduct an employment agency business in a room or rooms commercially used for eating, sleeping, or other living purposes, or in a building in which intoxicating beverages are sold, or which is connected with a place where such beverages are sold;
(13) permit gamblers, intoxicated persons, or persons who use or peddle habit-forming drugs or appliances for the use thereof, in violation of Commonwealth or federal laws, or prostitutes, rogues, or other questionable characters to frequent the location of such agency;
(14) send any person to employment in a place detrimental to health or morals;
(15) send out any applicant for employment, except upon order therefor and except upon furnishing such applicant the necessary information concerning the employment, as the Secretary of Labor and Human Resources may by rule or regulation prescribe;
(16) use any contract form or any form other than that prescribed or approved by the Secretary of Labor and Human Resources;
(17) make inquiries or establish limitations or requisites with regard to creed, race, color, birth, origin, social condition, political affiliation or sex of the applicants for employment; or exclude persons whose ages range between thirty (30) and sixty-five (65) years, and
(18) publish or circulate any statement, advertisement or notice expressing limitations as to creed, race, color, birth or social condition of the applicants for employment, or excluding, on account of age, persons whose ages range between thirty (30) and sixty-five (65). Notwithstanding the preceding provision, age requirements or limitations may be established in cases where, because of the nature of the required work, age is a determining factor of the capacity for the performance of such work.
(b) Every employment agency shall:
(1) Keep and maintain, for at least one year, records of all its activities, in such manner as the Secretary may prescribe;
(2) post conspicuously in its establishment such license and an abstract (to be furnished by the Secretary) of the provisions of §§ 564—574 of this title and the rules and regulations issued hereunder, as well as a schedule of fees, as provided by the Secretary;
(3) file with the Secretary a schedule of all fees to be collected for its services pursuant to §§ 564—574 of this title; Provided, That said schedule may be changed within a term of fifteen (15) days after a new schedule is filed with the office of the Secretary, and
(4) conduct the business of such agency in healthful and sanitary surroundings.
History —May 14, 1947, No. 417, p. 826, § 4; June 16, 1960, No. 92, p. 194, § 1; June 22, 1975, No. 41, p. 100.