Michigan Laws 339.1019 – Personnel agency; prohibited acts
Current as of: 2024 | Check for updates
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A personnel agency, or any licensed agent or other agent or employee of a personnel agency shall not do any of the following:
(a) Use any name other than the name in which the personnel agency is licensed.
Terms Used In Michigan Laws 339.1019
- Client: means a person who engages the services of a personnel agency. See Michigan Laws 339.1001
- Contract: A legal written agreement that becomes binding when signed.
- Employee: means a person performing work or service for compensation. See Michigan Laws 339.1001
- Employer: means a person employing or seeking to employ a person for compensation. See Michigan Laws 339.1001
- Fee: means any direct or indirect compensation. See Michigan Laws 339.1001
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Personnel agency: means a type A personnel agency or a type B personnel agency, or both. See Michigan Laws 339.1001
- Registration fee: means a fee other than the fee specified in a contract, which a personnel agency requires or accepts from a client prior to execution of a contract. See Michigan Laws 339.1001
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) Bring or maintain an action in a court of this state for the collection of compensation for the performance of an act or contract for services as a personnel agency without alleging and proving that the agency and its agent were licensed under this article during the performance of the act or contract.
(c) Use a form which contains provisions in violation of this article, rules promulgated under this article, or other state or federal laws or regulations.
(d) Share a fee with any other person, except a personnel agency licensed in this state or in any other state requiring licenses for personnel agencies or a personnel agency in a state in which licensure is not required.
(e) Persuade, induce, or solicit an employer to discharge an employee.
(f) Request or accept a registration fee or any other fee not set forth in the agency’s contract with a client or charge a fee higher than the fee set forth in the contract.
(g) Request or accept, or give, offer, or promise to give, a gift of such value that the gift is likely to persuade, induce, or influence an action of an employer or benefit the personnel agency or any of its agents or employees.
(h) Knowingly procure, entice, send, or aid in procuring, enticing, or sending a person to perform an illegal act.
(i) Prevent an employee of the department from inspecting the records of the agency at any time during normal business hours.