40-55.

§40-55.

    (a)  Every employment agency shall enter into a written agreement
with every applicant for services to be rendered and the time and
method of payment, and on which there shall appear the definition of
"Temporary Employment",  "Permanent Employment" and "Method of
Payment".  Provided, that nothing herein shall be construed to
prohibit an employment agency from making arrangements by wire or
telephone without said employee having first entered into a written
agreement with the agency; and provided further, if by oversight or
intention an applicant fails to sign an employment contract, but is
placed and accepts such employment, the employment agency shall be
entitled to its fee for such placement.  Every employment agency
shall provide the applicant with a copy of any written agreement
between the applicant and the agency.  All contracts or agreements
shall clearly state the fee and in no case shall the employment
agency collect more than the stated fee or agreed percentage of the
first year's total income. 
    (b)  In all instances wherein permanent employment is terminated
within the definition of temporary employment, every employment
agency shall give to every person from whom an overpayment of fee has
been received, if requested within six (6) months of such
termination, a refund in the amount of such overpayment, such refund
to be made promptly within ten (10) days following the agency's
receipt of verification from the employer of the inclusive dates of
employment and the total gross earnings of the employee.  This
subsection shall not apply to any employment agency acting as a
search consultant that is retained and compensated solely by the
employer on a retainer or consulting basis. 
    (c)  Every employment agency shall give to every person from whom
a payment is received for services or assistance rendered or to be
rendered a receipt bearing the name and address of the employment
agency, the name of the employee, amount of the payment, date of
payment, and for what it is paid.  Each such receipt shall be
numbered and bound in duplicate form.  The duplicate copy shall be
kept for two (2) years at the office of the employment agency. 
    (d)  A record shall be kept of the name and address of every
employee accepting employment, the name and address of the employer
with whom employment is accepted, the nature of the employment, the
rate of wage or salary to be paid the employee, the amount of the
employment agency's service charge, the dates and amounts of
payments, the date and amount of refund, if any, and for what,
together with a space for remarks under which shall be recorded
anything of an individual nature to amplify the foregoing account or
record and as information in the event of any question arising
concerning the transaction.  Such records shall be open to inspection
by the Administrator or Director during business hours, at the
address where the employment agency is conducted, for the purpose of
enforcing the provisions of this act.  The Administrator may also by
rules and regulations require reports from all agencies giving
information on job placements, monthly or quarterly, both within and
without the state, and classified by type of employment, to conform
generally with employment data gathered and published by the Oklahoma
Employment Security Commission. 
    (e)  The Administrator may require of the employment agency
against whom a written complaint is made, a detailed account in
writing, under oath, of the transaction referred to in the complaint. 
    (f)  No employment agency shall direct an applicant to employment
without having obtained, either orally or in writing, permission or
authorization of the employer.  No applicant for employment shall be
required by any agency to list prospective employers to whom he shall
previously have been referred by other agencies. 
    (g)  No applicant for employment shall knowingly make false or
misleading statements to an employment agency regarding age,
education, training, experience or references; and no employment
agency shall be held responsible for misinformation given it by an
applicant and transmitted by it in good faith to an employer. 
    (h)  No employment agency shall advertise openings for which it
does not hold orders from employers or knowingly cause to be printed,
published or circulated misleading, false or fraudulent information
about employment opportunities. 
    (i)  Other than the prescribed placement fee, no employment
agency shall require either the employee or employer to contribute to
the cost of its employment-related services, advertising, or
incidental expenses.  This subsection shall not apply to any
employment agency acting as a search consultant that is retained and
compensated solely by the employer on a retainer or consulting basis. 
    (j)  No employment agency shall place, or cause to be placed,
promotional advertising in any media without licensee's
identification as to agency and address. 
    (k)  No employment agency shall send any person to a prospective
employer who is conducting a "lockout" against all or part of his
employees, or whose employees or a part of them are out on strike,
without first apprising said person of the existence of such lockout
or strike. 
    (1)  Any licensed agency, or agent thereof, who shall be guilty
of dividing fees with any superintendent, manager, foreman or other
employees of any person, company, corporation or association for whom
employees are furnished, shall be guilty of a misdemeanor and, upon
conviction, shall be punished as provided in Section 57 of this
title. 
    (m)  No licensed agency shall furnish employment to or refer any
child to any vocation or establishment in violation of the laws
regulating the labor of children or their compulsory attendance at
school. 
    (n)  No employment agency shall discriminate in the employment of
its personnel because of the race, national origin, sex or religious
belief of the applicant seeking employment with the agency.