State Labor Laws in the Modeling and Talent Industry

 

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Arizona

Employment Agency FAQs

Who has to be licensed as an employment agency in Arizona?

Any business that charges a fee or commission to an applicant must be
licensed. The type of agencies that are licensed include, but are not
limited to, placement agencies, career counseling firms, model and talent
agencies, domestic service agencies and sitter services.

"The Department investigates complaints against unlicensed businesses allegedly charging fees to individuals."

http://www.ica.state.az.us/FAQs/labor/private_employment_agencies.html#

Private Employment Agency Complaint Form

Arkansas

Arkansas Private Employment Agency Law

http://www.arkansas.gov/labor/laws_regs/law_p1.html#Private

(12) No employment agency shall charge a fee to an employee for any services other than actual placement of an applicant;

http://www.arkansas.gov/labor/code.php?code=11-11-225

Arkansas Dept of Labor

http://www.arkansas.gov/labor/services/index.html#Contact

California

CALIFORNIA LABOR CODE SECTION 1700-1700.4

CALIFORNIA LABOR CODE SECTION 1701-1701.2

Florida

Department of Business and Professional Regulation

http://www.state.fl.us/dbpr/

Florida Statutes, Ch 468, part VII

Hawaii

Department of Commerce & Consumer Affairs - State of Hawaii

http://www.hawaii.gov/dcca/hrs/index.html

http://www.hawaii.gov/dcca/hrs/index.html#complete

"Employment agency" means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received..."

§373-2 License required. No employment agency shall engage in business without a license obtained under this chapter and the rules of the director.

New Jersey

"Employment agency" means any person who, for a fee, charge or commission:

(1) Procures or obtains, or offers, promises or attempts to procure, obtain, or assist in procuring or obtaining employment for a job seeker or employees for an employer; or

(2) Supplies job seekers to employers seeking employees on a part-time or temporary assignment basis who has not filed notification with the Attorney General pursuant to the provisions of section 1 of P.L.1981, c. 1 (C.56:8- 1.1); or

(3) Procures, obtains, offers, promises or attempts to procure or obtain employment or engagements for actors, actresses, performing artists, vocalists, musicians or models; or

(4) Acts as a placement firm, career counseling service, or resume service

http://www.state.nj.us/lps/ca/reg/rb.htm

"The Regulated Business Section regulates athletic/booking agencies, career consulting or counseling services, headhunters, temporary health agencies, nursing registry/home health agencies, pre-paid computer job matching services, resume services, temporary help firms, employment agencies, job listing services, modeling and talent agencies, ticket resellers, health spas and public movers and warehousemen."

http://www.state.nj.us/lps/ca/ocp.htm

Regulated Business Section

973-504-6370

Maryland

Division of Labor and Industry

Employment Agencies

      The State of Maryland requires all employment agencies to obtain a
penal bond and submit the bond to the Commissioner of Labor and Industry
before doing business in the State.

http://www.dllr.state.md.us/labor/empa.html

(d)      (1)      "Employment agency" means a person who, for a fee:

                  (i)      obtains, offers to obtain, or attempts to obtain:

                        1.      an employee for a person who seeks an employee; or

                        2.      employment for a client;

                  (ii)      provides to a client information to enable the client to obtain employment;

                  (iii)      obtains, offers to obtain, or attempts to obtain employment or an engagement in connection with an entertainment, exhibition, or performance, including:

                        1.      a ballet;

                        2.      a circus;

                        3.      a concert;

                        4.      the legitimate theater;

                        5.      modeling;

http://mlis.state.md.us/cgi-win/web_statutes.exe?gbr&9-101

Publications available:
      Maryland Employment Agency Act and Regulations

"The Maryland Employment Agency Act applies to employment agencies in Maryland that charge a fee to applicants. Agency licenses must be renewed annually."

http://www.dllr.state.md.us/labor/dliannualreport-2001.doc

      For more information, contact:

      Division of Labor and Industry
      1100 N. Eutaw St. - Room 606
      Baltimore, MD 21201
      (410) 767-2228
      FAX: (410) 767-2220

Massachusetts

Modeling Agencies / Model Searches:

"The recruitment and/or placement of models in Massachusetts requires an Employment Agency License. No persons or firms may engage in the business of modeling without a license, this includes conducting open calls, conventions, solicitations, or interviews, or signing agreements with, assigning, or placing models."

http://www.state.ma.us/dos/ea/

North Carolina

Oregon

“Employment agency” or “agency” means a business, service, bureau or club operated by a person, firm, organization, limited liability company or corporation engaged in procuring for a fee, employment for others and employees for employers."

"Each employment agency shall maintain a corporate surety bond or irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 of $5,000 . . ."

"No employment agency shall knowingly permit any person of bad character to frequent, or be employed by, such agency."

"No employment agency shall charge an applicant a charge for services when help is furnished to an employer, an agent, any employee of an employer, a member or person who has a financial interest in such employment agency."

http://landru.leg.state.or.us/ors/658.html

See also http://arcweb.sos.state.or.us/rules/OARS_800/OAR_839/839_017.html and Oregon Bureau of Labor and Industries

Pennsylvania

Pennsylvania has specific laws regulating theatrical or entertainment
agencies. Theatrical or entertainment agencies are licensed as employment
agencies. Employment agencies must be licensed by the Department of Labor.
Agencies cannot charge advance registration fees. Agencies cannot exceed a
10% commission for temporary placement. A bond is required in the amount of
$3,000.

"No employment agent shall charge a fee for its services until the applicant
has accepted a position. "Accept a position" shall mean that an applicant
has actually reported for work having met all of the conditions of
employment, or has a definite agreement with an employer."

"No such license shall be granted until the applicant has filed with the
secretary a bond of a duly authorized surety company, to be approved by the
department, in the penal sum of three thousand ($3,000) dollars payable to
the Commonwealth of Pennsylvania, conditioned that the applicant will comply
with the provisions of this act and shall pay all damages occasioned to any
person by reason of any misstatement, misrepresentation, fraud or deceit or
any unlawful act."

"No employment agent shall charge a registration fee. Any person who
violates any provision of this section is guilty of a summary offense and,
upon conviction thereof, shall be sentenced to pay a fine of not less than
one hundred ($100) dollars nor more than five hundred ($500) dollars, or, in
default of payment, shall undergo imprisonment for a period of not more than
thirty (30) days."

http://www.dli.state.pa.us/landi/CWP/view.asp?a=185&Q=70045

For more information, contact:

Linda at (717) 787-4134

Department of Labor and Industry
Private Employment Department
Room 1623
7th and Forstrer Street
Harrisburg PA 17120

http://www.dli.state.pa.us/

Texas

Talent Agencies Law
Talent Agencies Rules

Utah

Utah Code -- Title 34 -- Chapter 29 -- Employment Agencies

http://www.le.state.ut.us/~code/TITLE34/34_0A.htm

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