OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
Bonorabie Maureen Moore, Commissioner
Bureau of Labor Statlstioa
Austin, Texas
mar J4adami Opinion Ho. O-7299
Ret Lqality 0r aa employment
This is to ackcaowled~ recslp
July 15, 1946, which la quoted in part:
This agsncy is planni
type of advertlwnent~
are they per-
cost through their agency?”
233
Honorable Maureen Woore - Pe&ze2
Your firstquestion whether the agency may insert an
advertlaement stating that it8 “personnel aervlces” consist of
Professional Placement Services and Personnel Consulting Ser-
vlcea Including (1) Employee Morale Surveys and (2) Employees
Publicationa and Handbooks Prepared for Individual Firms 1s
answered ea follow e t
Artiole 1593a, Section 13, Vernon’s Code of Crlmlnal
Procedure, in part reads t
"sec. 13. go employment or labor agent ahallx
“(b) Advertise hllr agency by means of cards, clr-
culara, signs or in rtewspapers or other publicationa,
unless suah advertl8ements shall set forth the name
of the agent and the address of hir employment office;
nor shall any such llcenwd peso011 UBOeny letterheads
or blank8 not containlag the n&me of such employlllsnt
or labor agent and the address of his employment of-
fice.
“(c) Publish or cause to be published any false or
mlsleadlng advertisement or notice relating to his em-
ploym8nt agency.
“(d) Qlvs any false InforlgStlon or make an false
representation concerning employment to any app9 icant
for employment . ’
We presume that the. employment or labor agent will com-
ply with the requirement of setting forth in the advertisement
the name and address of the employment or labor agent. Aseumlng
the matter not to be false or misleading such notice la not ob-
jectionable under clauses (a) and (d).
second question whether the agency may charge a
Your
fee to the employer for conducting certain aervicea is answered
as follow at
Article 5221-a-4, Vernon’s Annotated Civil Statutes,
states in part f
nsec. 11. Where a fee ia charged for obtaining
employment euch fee in no event shall exceed the sum
of Three ($3) Dollars, which may be collected from
the applicant only after employment has been obtained
., ,... ‘.
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