§ 95-47.6. Prohibited acts. - North Carolina Statutes

§95‑47.6.  Prohibited acts.

A private personnel serviceshall not engage in any of the following activities or conduct:

(1)        Induce or attempt toinduce any employee placed by that private personnel service to terminate hisemployment in order to obtain other employment through the private personnelservice; or procure or attempt to procure the discharge of any person from hisemployment.

(2)        Publish or cause tobe published any false or fraudulent information, representation, promise,notice or advertisement.

(3)        Advertise innewspapers or otherwise, unless the advertising contains the name of theprivate personnel service and the word "personnel service."

(4)        Direct an applicantto visit or call upon an employer for the purpose of obtaining employment withouthaving first obtained a job order or authorization from the employer for theinterview. A private personnel service may attempt to sell the services of anapplicant to an employer from whom no job order has been received and maycharge a fee if the efforts result in the applicant's being employed.

(5)        Send or cause to besent any person to any employer where the private personnel service knows thatthe prospective employment is or would be in violation of State or federal lawsgoverning minimum wages or child labor, or has been notified that a labordispute is in progress, without notifying the applicant of that fact, orknowingly arrange an interview for an employment or occupation prohibited bylaw.

(6)        Send or cause to besent any person to any place which the private personnel service knows ismaintained for immoral or illicit purposes.

(7)        Divide or share,either directly or indirectly, the fees collected by the private personnelservice, with contractors, sub‑contractors, employers or their agents, foremenor anyone in their employ, or if the contractors, sub‑contractors oremployers be a corporation, any of the officers, directors or employees of thecorporation to whom applicants for employment are sent.

(8)        Make, cause to bemade, or use any name, sign or advertising device bearing a name which issimilar to or may reasonably be confused with the name of a federal, State,city, county or other governmental unit or agency.

(9)        Knowingly make anyfalse or misleading promise or representation or give any false or misleadinginformation to any applicant or employer in regard to any employment, work orposition, its nature, location, duration, compensation or the circumstancessurrounding any employment, work or position including the availability thereof.

(10)      Accept a registrationfee from an applicant.

(11)      Impose or attempt tocollect any fee from any applicant unless that applicant accepts employmentwith an employer to which the applicant was directly or indirectly introducedby the private personnel service.

(12)      A fee may be chargedfor resume writing provided the private personnel service does not require theapplicant to become obligated for any other services. (1979,c. 780, s. 1.)