For the purposes of this chapter:

(a) "Secretary" means the Secretary of State or his designated representative.

(b) "Private Personnel Placement Service" includes any person who charges fees, whether direct or indirect, all or any part of which may be in consideration of the person providing information on employment opportunities, procuring or attempting to procure employment for applicants seeking employment, and for procuring or attempting to procure employees for employers seeking applicants, regardless of what the services are called, which must include, but not be restricted to, job listing services, employment information centers, executive search firms, outplacement services, career counseling services, consultants, or resume services that perform job market sourcing for applicants, corporate or private business services, and other professional consultants and all who market or advertise personnel services on a "third party" basis, unless covered under other provisions of law.

(c) "Private Personnel Placement Service" does not include:

(1) Any placement office conducted by an incorporated bar association, hospital, association of registered professional nurses, registered medical institution, or by an incorporated association or society of professional engineers, or by an incorporated association or society of land surveyors, or by an incorporated association or society of registered architects;

(2) Any organization operated by or under the exclusive control of a bona fide nonprofit educational, religious, charitable, or eleemosynary institution;

(3) Temporary help services;

(4) Any organization operated by a governmental authority.

(d) "Placement fee" means any thing of value, paid, or directed to be paid, including retainer fees for providing information on employment opportunities, for the service of procuring or attempting to procure employment for persons seeking employment, or for procuring or attempting to procure employees for employers seeking applicants, or charges by persons performing services as defined in item (b) of this section.

(e) "Person" means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office, or the agent or employee of the foregoing.

(f) "Applicant" means anyone performing or seeking to perform work, service, or labor of any kind and who had for this purpose visited or been in contact with a Private Personnel Placement Service.

(g) "Employer" means any person who engages or who seeks to engage applicants for employment.

HISTORY: 1962 Code Section 40-431; 1968 (55) 2846; 1981 Act No. 107 Section 1; 1985 Act No. 149, Section 1; 1989 Act No. 147, Section 1, eff June 8, 1989.

Effect of Amendment

The 1989 amendment in (b) and (d) inserted "providing information on employment opportunities,", and also in (b) inserted "job listing services, employment information centers,".