§373-10 Fees. (a) Each employment agency shall file at least once a year with the director a schedule of its placement fees to be charged to applicants at such time and in the manner and form as prescribed by the director. The director shall annually compile a listing of the fees charged by all commercial employment agencies licensed under this chapter and make such list available to the general public at the department.
(b) The schedule, or change of schedule shall become effective upon approval of the director; provided that the director shall approve or disapprove within sixty days after the schedule is filed.
(c) Any contract between an applicant and the employment agency shall be in writing and shall contain:
(1) In bold print enclosed within a conspicuous border, the gross amount of the estimated fee charged and the time period on which the fee is based;
(2) A statement indicating that the fees charged are in accordance with the fees filed with the department and that a listing of the fees charged to applicants by all commercial employment agencies licensed in the State is available for public inspection;
(3) A prominently displayed statement that no fees shall be paid until the job applicant obtains employment and receives the first paycheck, provided that this shall not apply to employer fee paid placements;
(4) The name and license number of the commercial employment agency; and
(5) A statement that the applicant has the right to have the agency produce for review a copy of the law and rules regulating the practices of commercial employment agencies.
A copy of the contract shall be provided to the applicant. The director may adopt rules pursuant to chapter 91 to prescribe the form and content of the contract.
(d) No employment agency shall charge to or collect from any applicant a registration fee or advance payment for services to be rendered in finding employment.
(e) It shall be a violation of this chapter for an employment agency to charge, demand, or collect any registration fee or advance payment for services from an applicant, or any fee which is greater than the applicable fee listed in the schedule which it has filed with the director. [L 1959, c 264, pt of §3; am L 1961, c 45, §2; Supp, §88A-10; HRS §373-10; am L 1980, c 287, §1; am L 1988, c 48, §2]