N.J. Admin. Code § 13:45B-2.5

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:45B-2.5 - Agreements; fee schedules

(a) Agreements between an employment agency and an employer or between an employment agency and a job seeker shall be in writing and shall include, but not be limited to:

i. The employment agency's fee schedule;

ii. The time at which a fee becomes due and owing to the employment agency;

iii. The manner in which the fee is to be paid, by whom, and at what intervals, if not paid in a lump sum; and

iv. The conditions under which a refund or adjustment in fee will be made, and the amount of the refund or adjustment, which may be expressed as a percentage.

(b) All agreements and writings required to complete any transaction between an employment agency and a job seeker shall comply with the plain language law standards set forth in 56:12-2 and 56:12-10.

(c) The employment agency shall provide each job seeker with an exact copy of every writing the job seeker has signed, and every document incorporated by reference in the written agreement between the employment agency and the job seeker. The employment agency shall also provide each job seeker with a receipt stating the name of the job seeker, the name and address of the employment agency and its agent, the date and amount of the fee and the purpose for which it was paid.

(d) Upon application for licensure, an employment agency shall file with the Section a copy of the form(s) of contract used or to be used for all agreements between the employment agency and job seekers.

(e) Every employment agency shall file with the Section for the Executive Director's approval, the employment agency's proposed schedule of fees to be charged for any service rendered or product sold to job seekers. The Executive Director, who shall respond within 14 days of receipt, shall not approve the fee schedule unless he or she is satisfied that the fee schedule is in a form which makes the schedule reasonably understandable by job seekers and that the fee schedule is in compliance with all applicable provisions of the Act. The schedule of fees may thereafter be changed or supplemented by filing an amended or supplemental schedule with the Section. The changes shall not become effective until approval has been granted by the Executive Director and the amended or supplemental fee schedule has been posted on agency premises pursuant to 13:45B-2.2(c). The agency shall adhere to the schedule in charging for these services or products.

(f) An employment agency shall:

1. Compute fees paid by a job seeker seeking employment on the basis of permanent employment, unless the employment is temporary employment. Where temporary employment merges into permanent employment, or where a job seeker accepts permanent employment within 30 days after the termination of temporary employment, the permanent employment may be considered the result of the references to the temporary position and the fee may be based on the permanent employment with due credit given for the payment made for the temporary employment; and

2. Not accept payment of a fee or attempt to collect any fee from a job seeker for a service rendered or product sold where employment has not been accepted except:

i. That these requirements shall not apply to any career counseling service if that service receives no prepayment for services or products and provides services or products strictly on an hourly basis, with no financial obligation required of the job seeker beyond the hourly fee for the services or products rendered. However, a career counseling service shall be licensed as an Employment Agency and shall comply with all other requirements applicable to employment agencies;

ii. Entertainment agencies which offer placement, directly or indirectly, to a performing artist may accept a fee if they adhere to the provisions of N.J.A.C. 13:45B-6. However, these agencies shall be licensed as an employment agency and shall comply with all other requirements applicable to employment agencies; and

iii. Employment agencies which offer resume services or products to a job seeker may accept a fee for these services or products if the fee for such a service or product is included on the fee schedule filed with the Section and the fee is not collected prior to the delivery of the product or service;

3. Not charge more than one percent of the scheduled fee for each day worked to a job seeker who obtains employment and who is discharged without cause or who voluntarily terminates employment for just cause. For purposes of this subsection, the employment agency shall repay to any job seeker so discharged or terminated any excess of the maximum fee in accordance with the fee schedule, allowing three business days to determine that the termination was not due to any fault on the part of the job seeker. The employment agency may, however, by separate written agreement between the employment agency and the job seeker, retain the fee or any part of the fee, which has been paid for the job from which the job seeker has been discharged without cause or terminated, if the employment agency furnishes the job seeker with another job and allows due credit for the retained payment;

4. Not charge more than 30 percent of the scheduled fee to a job seeker who either fails to report for duty after accepting employment or voluntarily terminates employment without just cause within 30 days of commencement of employment; and

5. Obtain a bona fide order for employment prior to collecting any fee from a job seeker or sending out a job seeker to any place of employment. Except as may be otherwise provided in this chapter, no advance fee or monetary assessment of any kind shall be charged, demanded, collected, or received by the employment agency from a job seeker seeking employment until employment has been obtained by or through the efforts of the employment agency.

N.J. Admin. Code § 13:45B-2.5

Amended by R.1995 d.190, effective 4/3/1995.
See: 26 N.J.R. 4316(a), 27 N.J.R. 1430(a).
Amended by R.2008 d.254, effective 8/18/2008.
See: 40 N.J.R. 1762(a), 40 N.J.R. 4819(a).
In (b), substituted "plain language law standards set forth in N.J.S.A. 56:12-2 and 56:12-10." for "Plain Language Act, N.J.S.A. 56:12-1 et seq."; and in (f)3, inserted "more than one percent of the scheduled fee for each day worked", deleted "more than one percent of the scheduled fee for each day worked" following "just cause", substituted "business days" for "days' time", and inserted a comma following "of the fee".