(1) If an applicant accepts
employment by agreement with an employer and thereafter never
reports for work, the gross fee charged to the applicant shall
not exceed: (a) Ten percent of what the first month's gross
salary or wages would be, if known; or (b) ten percent of the
first month's drawing account. If the employment was to have
been on a commission basis without any drawing account, then no
fee may be charged in the event that the applicant never reports
for work.
(2) If an applicant accepts employment on a commission basis
without any drawing account, then the gross fee charged such
applicant shall be a percentage of commissions actually earned.
(3) If an applicant accepts employment and if within sixty
days of his or her reporting for work the employment is
terminated, then the gross fee charged such applicant shall not
exceed twenty percent of the gross salary, wages, or commission
received by him or her.
(4) If an applicant accepts temporary employment as a
domestic, household employee, baby sitter, agricultural worker,
or day laborer, then the gross fee charged such applicant shall
not be in excess of twenty-five percent of the first full month's
gross salary or wages: PROVIDED, That where an applicant accepts
employment as a domestic or household employee for a period of
less than one month, then the gross fee charged such applicant
shall not exceed twenty-five percent of the gross salary or wages
paid.
(5) Any applicant requesting a refund of a fee paid to an
employment agency in accordance with the terms of the approved
fee schedule of the employment agency pursuant to this section
shall file with the employment agency a form requesting such
refund on which shall be set forth information reasonably needed
and requested by the employment agency, including but not limited
to the following: Circumstances under which employment was
terminated, dates of employment, and gross earnings of the
applicant.
(6) Refund requests which are not in dispute shall be made
by the employment agency within thirty days of receipt.
(7) Subsections (1) through (6) of this section do not apply
to employment listing services or employment directories.
[2011 c 336 § 534; 1993 c 499 § 6; 1977 ex.s. c 51 § 7; 1969 ex.s. c 228 § 17.]