Personnel service staff may not engage in listed deceptive or improper referral, advertising, fee-sharing, or file-disclosure practices, and employers or job seekers also may not make false statements or share certain fees.
Sec. 2501.101. PROHIBITED PRACTICES. (a) An owner, operator, counselor, agent, or employee of a personnel service may not: (1) share or attempt to share a fee paid by a person seeking employment or an employer with an employer or an agent or employee of an employer or another person provided services by the personnel service; (2) make or cause to be made a false promise, misrepresentation, or misleading statement or give or cause to be given misleading information to an applicant; (3) refer an applicant to an employer unless the personnel service has a job order for the referral; (4) advertise a position unless the personnel service has a job order verifiable by the employer; (5) procure or attempt to procure the discharge of a person from the person's current employment; (6) induce, solicit, or attempt to induce or solicit an employee to terminate current employment in order to obtain new employment if the current employment was obtained through that personnel service or a personnel service that has a common ownership with that personnel service unless the employee initiates the new contact; (7) deliver, disclose, distribute, or otherwise communicate to or receive from a person a service file or information contained in a service file, except as authorized by the personnel service that owns the file; (8) advertise in any medium, including a newspaper, trade publication, billboard, radio, television, card, printed notice, circular, contract, letterhead, or any other material made for public distribution, except an envelope, without clearly stating that the advertisement is by a firm providing a private personnel service; (9) refer an applicant to a place where the personnel service has knowledge of the existence of a strike or lockout unless the personnel service informs the applicant in writing of the strike or lockout before the referral is made; or (10) refer an applicant to employment harmful to the applicant's health or morals if the personnel service has knowledge of the harmful condition. (b) An employer or a person seeking employment may not: (1) make a false statement or conceal any material fact to obtain an employee or employment by or through a personnel service; or (2) share or attempt to share with a person subject to this chapter a fee paid or another payment made for the services of a personnel service. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.