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[Utah Code Table of Contents]
[TITLE 34. Table of Contents]
34-29-1 License required - Agencies for teachers excepted.
It shall be unlawful for any person to open and establish
in any city or town, or elsewhere within the limits of this
state, any intelligence or employment office for the purpose
of procuring or obtaining for money or other valuable consideration,
either directly or indirectly, any work or employment for
persons seeking the same, or to otherwise engage in such
business, or in any way to act as a broker or go-between
between employers and persons seeking work, without first
having obtained a license so to do from the city, town, or,
if not within any city or town, from the county where such
intelligence or employment office is to be opened or such
business is to be carried on. Any person performing any of
these services shall be deemed to be an employment agent
within the meaning of this chapter, but the provisions of
Section
34-29-10
shall not apply to any person operating agencies
for schoolteachers; but it shall be a misdemeanor for any
schoolteachers' employment agency to receive as commission
for information or assistance such as is described herein
any consideration in value in excess of 5% of the amount
of the first year's salary of the person to whom such information
is furnished.
1969
34-29-2 License - Duty of cities, towns and counties to issue and regulate.
Every city, town and county shall by ordinance provide
for the issuing of licenses as contemplated by this chapter
and shall establish such rules and regulations as are not
herein provided for the carrying on of the business or occupation
for which such license may be issued.
1969
34-29-3 License - Application.
Any person applying for a license under the provisions
of this chapter shall make application to the board of city
commissioners, city council or board of town trustees, or
the county executive for the same and shall deposit with
the city, town or county treasurer in advance the annual
fee for such license, to be evidenced by the receipt of the
city, town or county treasurer endorsed on the application.
If the board of city commissioners, city council, board of
town trustees, or the county executive refuses to order the
issuance of such license to the party applying for the same,
the sum so deposited with the city, town or county treasurer
shall be refunded to the applicant for license without any
further action of the governing body.
1993
34-29-4 License - Bond - Transfer.
Any person licensed under the provisions of this chapter
shall pay an annual license fee in such amount as may be
determined by the board of city commissioners, city council,
board of town trustees, or the county legislative body, and
before such license shall be issued shall deposit with the
city, town or county treasurer a bond in the penal sum of
$1,000, with two or more sureties to be approved by the officers
designated by ordinance. The bond shall be made payable to
the city, town or county where such business is to be carried
on and shall be conditioned that the person applying for
the license will comply with this chapter and will pay all
damages occasioned to any person by reason of any misstatement,
misrepresentation, fraud or deceit of any person, or by any
other violation of this chapter, in carrying on the business
for which a license is granted. If at any time in the opinion
of the officers designated by ordinance to approve such bond,
the sureties or any of them shall become irresponsible, the
person holding such license shall, upon notice from the city,
town or county treasurer, give a new bond, to be approved
as hereinafter provided. Failure to give a new bond within
ten days after such notice shall operate as a revocation
of such license, and the license certificate shall be immediately
returned to the city, town or county treasurer, who shall
destroy the same. Licenses granted under this chapter may
be transferred by order of the board of city commissioners,
city council, board of town trustees, or the county executive,
but before such transfer shall be authorized, the applicant
for the same shall deposit with the city, town or county
treasurer the sum of $5, which shall be endorsed upon the
application, and the person to whom such license is transferred
shall also deposit such a bond as is required by the applicant
for an original license as hereinbefore prescribed, to be
approved in the same manner.
1993
34-29-5 License - Posting.
Upon the granting of a license by the board of city commissioners,
city council, board of town trustees, or the county executive
under this chapter, the city, town, or county treasurer shall
within one week after payment of the license fee issue to
the applicant entitled to the same a certificate setting
forth the fact that such license has been granted. It shall
be the duty of all persons who may obtain such license to
keep the same publicly exposed to view in a conspicuous place
in their offices or places of business.
1993
34-29-6 Referring employment to unlawful places - Penalty.
Any employment agent who knowingly refers employment to
any place of bad repute, house of ill fame, assignation house,
or to any house or place of amusement kept for immoral purposes,
is guilty of a misdemeanor. In addition to any other penalty,
the agent's license shall be revoked.
1988
34-29-7 Referrals on bona fide orders only.
Any employment agent who sends out any help without having
previously obtained a bona fide order therefor shall, for
each and every offense, be subject to the penalties provided
in Section
34-29-15
.
1969
34-29-8 Taking commission in advance unlawful - Penalty.
(1) It is unlawful for any employment agent to receive, directly or indirectly, any money or other valuable consideration from any person seeking employment for any information or assistance furnished or to be furnished by the agent to such person, enabling or tending to enable that person to secure employment, before the time the information or assistance is actually furnished.
(2) An employment agent who violates Subsection (1) is
liable to the person from whom the money or other valuable
consideration is received for an amount equal to twice the
amount of money or other valuable consideration paid to the
employment agent.
2005
34-29-9 Commission to be returned if employment not secured.
It shall be unlawful for an employment agent to retain,
directly or indirectly, any money or other valuable consideration
received for any information or assistance described in Section
34-29-1
, if the person for whom such information or
assistance is furnished fails through no neglect or fault
of his own to secure the employment regarding which such
information or assistance is furnished; and the money or
consideration shall be by the agent forthwith returned to
the payer of the same upon demand.
1969
34-29-10 Schedule of fees - Fee limitations.
(1) (a) Every private employment agency shall file with the division a schedule of fees to be charged and collected in the conduct of its business.
(b) The agency shall post the schedule in a conspicuous place in the agency.
(c) The agency may make changes in the schedule, but a change is not effective until seven days after the date the amended schedule is refiled with the division.
(d) The agency may not charge or collect any fee that is greater than the fees scheduled and in force at the time the contract for employment is issued.
(2) The Labor Commission may enact rules to enforce and administer this section.
(3) When controversies arise under this section, the parties shall file a request for agency action with the Division of Adjudication in the Labor Commission.
(4) An employment agency may not charge any fee greater
than 25% of the amount actually earned in the employment
during the first 30 days, if the employment was ended during
such 30-day period.
1999
34-29-11 Register of employers to be kept.
Each employment agent licensed under this chapter shall
enter upon a register, to be kept for that purpose and to
be known as an "employers' register," every order received
from any corporation, company or individual desiring the
service of any persons seeking work or employment, the name
and address of the corporation, company or individual from
whom such order was received, the number of persons wanted,
the nature of the work or employment, the town or city (street
and number, if any) where such work or employment is to be
furnished and the wages to be paid.
1969
34-29-12 Register of applicants to be kept - Open for inspection.
Each employment agent shall keep a register, to be known
as "labor applicants' register," which shall show the name
of each person seeking work or employment to whom information
or assistance is furnished and the amount of the commission
received in each such case therefor; the name of each person
who, having received and paid for any information or assistance
described in Section
34-29-1
, fails to secure the employment regarding which
such information or assistance is furnished, together with
the reason why such employment was not by such person secured,
and the name of each to whom return is made in accordance
with the provisions of Section
34-29-9
of any money or other consideration under Section
34-29-9
, together with the amount or the value of consideration
thus returned. The registers required by Section
34-29-11
and by this section shall be open at all reasonable
hours to the inspection of any peace officer of this state.
1969
34-29-13 Statements to be furnished applicants.
Every person securing information or intelligence from
an employment agent relative to hiring or engagement to work
for others as provided in Section
34-29-1
shall be furnished a written copy, in duplicate,
of the terms of such hiring or engagement, by the employment
agent, showing the amount of commissions or fees paid to
such employment agent, the kind of service to be performed,
the rate of wages or compensation, the length of time, if
definite, and if indefinite, so stated, of such service,
with full name and address of the person authorizing the
hiring of such person. One of these copies shall be delivered
to the person for whom the labor is to be performed and the
other shall be retained by the person furnished with the
information or intelligence; and the agent issuing the written
copy of the conditions of service or employment shall make
and keep in a book provided for the purpose a third copy
of the same. Any person engaged in the business of keeping
an employment office who fails to observe the provisions
of this section shall be subject to the penalties provided
in Section
34-29-15
.
1969
34-29-14 Dividing of fees prohibited.
Any employment agent sending out help to contractors or
other employers of help and dividing the fees allowed under
this chapter with subcontractors and employers of help, or
their foremen or anyone in their employ, shall be subject
to the penalties provided in Section
34-29-15
.
1969
34-29-15 False statements - Failure to keep registers - Other violations - Penalty.
(1) If a person engaged in the business of employment or intelligence agent or broker licensed under this chapter does the following, that person is liable under Subsection (2):
(a) gives any false information or makes any misstatement or any false promises concerning any work, employment, or occupation;
(b) fails to keep the registers as prescribed in Sections 34-29-11 and 34-29-12 ;
(c) willfully makes any false entries in a register under Section 34-29-11 or 34-29-12 ; or
(d) violates any other provision of this chapter.
(2) If a person violates Subsection (1) and no penalty
is otherwise provided in this chapter, the person shall for
each and every offense be fined in any sum not exceeding
$200, and in the discretion of the trial court, the person's
license may be revoked.
2005
34-29-16 Action on bond - Brought in name of injured party.
Any action brought in any court against any employment
or intelligence agent upon the bond deposited with the city,
town or county treasurer by this employment or intelligence
agent as provided in Section
34-29-4
may be brought in the name of the party injured.
1969
34-29-17 Religious or charitable associations excepted from chapter.
Nothing contained in this chapter shall be construed so
as to require any religious or charitable association which
may assist in procuring situations or employment for persons
seeking the same to obtain a license therefor.
1969
34-29-18 Copies of laws to be posted.
The keeper of an employment or intelligence office shall
cause two copies of Sections
34-29-7
to
34-29-10
, inclusive, and of Sections
34-29-13
to
34-29-15
, inclusive, printed in type of sufficient size
to be easily read, to be conspicuously posted in each room
used or occupied for the purpose of such employment or intelligence
office.
1969
34-29-19 Deceptive or duplicate orders for employees - Liability to applicants.
Any person who places with an employment agent an order
for more employees than he actually desires, or who places
with employment agents duplicate orders for employees, or
who permits a standing order for employees to remain uncanceled
at a time when he does not need such employees, shall be
liable to persons who, in good faith, accept and act upon
information furnished in good faith by employment agents
under such excess, duplicate or standing order for the amount
actually expended in traveling from the location of such
employment agency to the place of such proposed employment
and return.
1969
34-29-20 False orders for employees - Misdemeanor.
Any person who gives to an employment agent any false
or unauthorized order for employees, or who causes to be
published in any newspaper or otherwise any false or unauthorized
notice or statement that employees are wanted by any person,
is guilty of a misdemeanor.
1969
34-29-21 Approval of licensees by division.
A county, city, or town may not license under this chapter
any intelligence or employment office unless the applicant
is licensed to establish and operate the same by the division.
1999
