2009 California Civil Code - Section 1812.515-1812.521 :: Chapter 4. Job Listing Services

CIVIL CODE
SECTION 1812.515-1812.521

1812.515.  (a) Every job listing service subject to this title shall
maintain a bond issued by a surety company admitted to do business
in this state. The principal sum of the bond shall be ten thousand
dollars ($10,000) for each location. A copy of the bond shall be
filed with the Secretary of State.
   (b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California, and shall be
conditioned that the person obtaining the bond will comply with this
title and will pay all sums due any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The bond shall be for the benefit
of any person or persons damaged by any violation of
misrepresentation, deceit, unlawful acts of omissions, or failure to
provide the services of the job listing service in performance of the
contract with the jobseeker, by the job listing service or its
agent, representatives, or employees while acting within the scope of
their employment.
   (c) (1) No job listing service shall conduct any business without
having a current surety bond in the amount prescribed by this chapter
and filing a copy of the bond with the Secretary of State,
identifying the bond and the date of cancellation or termination.
   (2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the job listing
service and the Secretary of State, identifying the bond and the date
of cancellation or termination.
   (3) If any job listing service fails to obtain a new bond and file
a copy of that bond with the Secretary of State by the effective
date of the cancellation or termination of the former bond, the job
listing service shall cease to conduct any business unless and until
a new surety bond is obtained and a copy of that bond is filed with
the Secretary of State.
   (d) When a deposit has been made in lieu of a bond pursuant to
Section 995.710 of the Code of Civil Procedure, the person asserting
a claim against the deposit shall, in lieu of Section 996.430 of the
Code of Civil Procedure, establish the claim by furnishing evidence
to the Secretary of State of a money judgment entered by a court
together with evidence that the claimant is a person described in
subdivision (b).
   (e) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval on the claim. The claim shall be
designated an "approved claim."
   (f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid in a pro rata share of
the deposit.
   (g) When the Secretary of State approves the first claim against a
particular deposit after the expiration of the 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (f) shall apply with respect to the amount
remaining in the deposit.
   (h) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivisions (f) and (g) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
   (i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the job
listing service, other than as to an amount as no longer needed or
required for the purpose of this title that would otherwise be
returned to the job listing service by the Secretary of State.
   (j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a job listing service or has
filed a bond pursuant to subdivision (a), provided that there are no
outstanding claims against the deposit. Written notification to the
Secretary of State shall include all of the following: (1) name,
address, and telephone number of the assignor; (2) name, address, and
telephone number of the bank at which the deposit is located; (3)
account number of the deposit; and (4) a statement whether the
assignor is ceasing to engage in the business of a job listing
service or has filed a bond with the Secretary of State. The
Secretary of State shall forward an acknowledgment of receipt of the
written notice to the assignor at the address indicated therein,
specifying the date of receipt of the written notice and anticipated
date of release of the deposit, provided there are no outstanding
claims against the deposit.
   (k) A judge of a superior court may order the return of the
deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a specified period beyond the two years pursuant to
subdivision (j) to resolve outstanding claims against the deposit
account.
   (l) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or deposit filed in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure.
   (m) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.

1812.516.  (a) Every job listing service shall give a written
contract to every jobseeker from whom a fee or deposit is to be
received, whether directly or indirectly. The original and one copy
of the contract shall be given to the jobseeker at the time the
jobseeker signs the contract and before the job listing service
accepts any fee or deposit or the jobseeker becomes obligated to pay
any such fee or deposit. The contract shall contain all of the
following:
   (1) The name of the job listing service and the addresses and
telephone numbers of the principal office of the job listing service
and the location providing the listing services to the jobseeker.
   (2) The amount of the fee to be charged and to be collected from
the jobseeker.
   (3) A description of the service to be performed by the job
listing service, including significant conditions, restrictions, and
limitations where applicable.
   (4) A description of the jobseeker's specifications for the
employment opportunity in clear language understandable to the
jobseeker, including, but not limited to, the following:
   (A) Kind of work or employment.
   (B) Interests of jobseeker.
   (C) Qualifications of jobseeker.
   (D) Daily hours of work, the wages or salary, benefits, and other
conditions of employment.
   (E) Location of job.
   (5) The contract expiration date, which shall not be later than 90
days from the date of execution of the contract.
   (6) The following statement, in immediate proximity to the space
reserved for the jobseeker's signature, in type no smaller than
10-point boldfaced type:

                               YOUR RIGHT TO CANCEL

             /enter date of transaction/

   "You may cancel this contract for job listing services without any
penalty or obligation, if notice of cancellation is given, in
writing, within three business days from the above date.
   "To cancel this contract, just mail or deliver a signed and dated
copy of the following cancellation notice or any other written notice
of cancellation, to (name of job listing service) at (address of its
place of business), NOT LATER THAN MIDNIGHT OF /date/."

                                CANCELLATION NOTICE

   I hereby cancel this contract.
Dated: __________
______________________
Customer's Signature"

   Until the job listing service has complied with this section the
jobseeker may cancel the job listing service's contract.
   (7) The following statement, with the caption in type no smaller
than 10-point boldfaced type and the remainder in a size no smaller
than that generally used throughout the contract, and in full
capitals, boldface, or italics:

                                 "RIGHT TO REFUND"

   "If, within seven business days after payment of a fee or deposit,
the job listing service has not supplied you with at least three
available employment opportunities meeting the specifications of the
contract as to type of job; interests of jobseeker; qualifications of
jobseeker; hours, salary, benefits, and other conditions of
employment; location of job; and any other specifications expressly
set forth in the contract, the full amount of the fee or deposit paid
shall be refunded to you upon your request.
   "If you do not obtain a job through the services of the job
listing service, or if you obtain employment which lasts less than 90
days, any amount paid in fees or deposits in excess of a twenty-five
dollar ($25) service charge shall be refunded to you, upon your
request after expiration of the contract.
   "Any refund due must be made to you within 10 days of your
request. If the refund is not made in that time, the job listing
service must pay to you an additional sum equal to the amount of your
fee or deposit."

   (8) If any labor trouble exists at the place of employment, that
fact shall be stated in the listing of that employment provided to
the jobseeker.
   (b) All contracts shall be dated and shall be made and numbered
consecutively in triplicate, the original and each copy to be signed
by the jobseeker and the person acting for the job listing service.
The original and one copy shall be given to the jobseeker and the
other copy shall be kept on file at the job listing service.
   (c) The full agreement between the parties shall be contained in a
single document containing those elements set forth in this section.

1812.517.  (a) (1) A job listing service shall provide a copy of the
service's fee schedule and payment terms to any jobseeker from whom
a fee or deposit is to be received, prior to the jobseeker being
interviewed by a counselor or other agent or employee.
   (2) In the schedule, the maximum fee shall be fixed and shall
include the charges of every kind rendered by the job listing service
in each case or transaction on behalf of the prospective employee.
Changes in the fee schedule may be made, but no change shall become
effective until posted for not less than seven days in a conspicuous
place in the job listing service.
   (3) A copy of the schedule in effect shall be kept posted in the
job listing service in a conspicuous place, and the posted schedule
and the changes therein shall be in lettering or printing of not less
than standard pica capitals. The date of the taking effect of the
schedule and of each change therein shall appear on the posted
copies.
   (4) A copy of all fee schedules, and of all changes therein, shall
be kept on file at the job listing service, retrospectively, for a
period of one year.
   (b) No fee charged or collected shall be in excess of the fee as
scheduled.
   (c) No job listing service may take from a jobseeker a confession
of judgment, a promissory note or notes, or an assignment of wages to
cover its fees.
   (d) The fee charged shall not be based on a portion or percentage
of the salary or wages earned or to be earned in the employment
obtained through use of the job listing service.
   (e) (1) No job listing service shall divide fees with an employer,
an agent, or other employee of any employer or person to whom help
is furnished.
   (2) No job listing service shall charge any jobseeker a fee for
accepting employment with that job listing service or any subsidiary
of that service.
   (3) No job listing service shall charge any jobseeker a fee when
help is furnished to an employer, an agent, any employee of any
employer, a member, or person who has a financial interest in the job
listing service.

1812.518.  (a) (1) A job listing service shall refund in full any
advance fee paid and cancel any other obligation incurred by the
jobseeker if the job listing service does not, within seven business
days after execution of the contract, supply at least three
employment opportunities then available to the jobseeker and meeting
the specifications of the contract.
   (2) A job listing service will be deemed to have supplied
information meeting the specifications of the jobseeker if the
information supplied meets the contract specifications with reference
to: type of job; interests of jobseeker; qualifications of
jobseeker; hours, salary, benefits, and other conditions of
employment; location of job; and any other specifications expressly
set forth in the contract.
   (b) A job listing service shall refund any amount over and above a
twenty-five dollar ($25) service charge and cancel any other
obligation incurred by the jobseeker if the jobseeker does not obtain
a job, or if employment, once obtained, lasts less than 90 days.
   (c) A job listing service shall make all refunds required under
this section within 10 days after the jobseeker requests such refund.
Unless the refund is made within that time, the job listing service
shall pay the jobseeker an additional sum equal to the amount of the
deposit.

1812.519.  (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.

1812.520.  (a) No job listing service shall make or cause to be made
any false, misleading or deceptive advertisements or representations
concerning the services that the job listing service will provide to
jobseekers.
   (b) (1) No job listing service shall publish or cause to be
published any false, fraudulent, or misleading information,
representation, notice, or advertisements.
   (2) All advertisements of a job listing service shall contain the
correct name of the job listing service and one of the following:
   (A) The street address of the job listing service's place of
business.
   (B) The correct telephone number of the job listing service at its
place of business.
   (3) No job listing service shall give any false information or
make any false promises or representations concerning an engagement
or employment to any jobseeker.
   (4) No job listing service shall, by its choice of name or by
advertisement or representation, represent itself to be an employment
agency or to perform the services of an employment agency.
   (c) Special requirements not usually associated with a job shall
be specified in any advertisement. When the location of the position
advertised is more than 50 miles from the job listing service office
responsible for the advertisement, it shall state either the location
or that the job is "nonlocal." Special benefits of the job, if
advertised, shall be specifically described and substitute terms or
symbols such as "extras" or "+" shall not be sufficient.
   (d) An advertised salary shall be based upon the starting salary
contained in the job order. An advertised range of starting salaries
shall be specified by preceding the minimum salary and maximum salary
by terms "from" and "to" respectively. When the job order contains
only the maximum amount of a salary range, that advertised salary
shall be preceded by the word "to." If a maximum salary is dependent
upon the jobseeker's experience, the advertised salary may be
described by listing the minimum salary and the term "up Depending on
Experience" or "up D.O.E." The words "open" and "negotiable" or
words or symbols of like import shall not be used as a substitute for
the salary. If an advertised salary is based in whole or in part on
commissions, that fact shall be indicated in the advertisement.
   (e) All job listing services shall maintain a record of all
advertised jobs, correlated to show the date and the publication in
which the advertisement appeared and the job order number of each job
advertised, retrospectively for a period of one year.

1812.521.  (a) No job listing service shall, when employment would
be in violation of Chapter 1 (commencing with Section 1171) of Part 4
of Division 2 of the Labor Code or Part 27 (commencing with Section
48000) of the Education Code, accept any application for employment
made by, or on behalf of, any minor, or place or assist in placing
any minor in that employment.
   (b) Every job listing service shall notify each jobseeker before
sending the jobseeker in response to a request for employment whether
a labor contract is in existence at the establishment to which the
jobseeker is being sent, and whether union membership is required.
   (c) No job listing service shall send a jobseeker to any place
where a strike, lockout, or other labor trouble exists without
notifying the jobseeker of that fact and shall in addition thereto
enter a statement of those conditions upon the contract or receipt
given to the jobseeker.

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.