(a) No job listing service shall accept a fee from any jobseeker, or send any jobseeker for employment, without having obtained, in writing, a bona fide job order for employment.
(b) A job listing service shall identify itself as a job listing service to the employer in all instances in which it contacts an employer for the purposes of soliciting a job order. All job orders shall be recorded in writing. A job order for employment shall be considered to have been given by an employer to a job listing service under the following conditions:
(1) The employer, or his or her agent, in writing, registers a request or gives permission that the job listing service recruit or refer jobseekers who meet the employer’s stated job specifications and the employer furnishes such information as required by subdivision (a) of Section 1812.516.
(2) A job order is valid for the referral of any qualified jobseeker until it is filled or canceled by the employer, and may serve as the basis for job listing service advertising. The job listing service is required to recontact the employer within the four-day period immediately preceding dissemination of the job listing information to ensure that the position is still vacant prior to any additional advertising or referral of jobseekers.
(c) No job listing service shall refer a jobseeker to a job knowing or having reason to know that:
(1) The job does not exist or the jobseeker is not qualified for the job.
(2) The job has been described or advertised by or on behalf of the job listing service in a false, misleading, or deceptive manner.
(3) The job listing service has not obtained written permission to list the job from the employer or an authorized agent of the employer.
(d) No job listing service shall exchange job orders with an employment agency which charges a placement fee.
(Amended by Stats. 1991, Ch. 654, Sec. 51.)
Last modified: October 25, 2018