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The 191st General Court of the Commonwealth of Massachusetts

Section 46K: Prohibited activities or conduct

Section 46K. An employment agency shall not engage in any of the following activities or conduct:

(1) Publish or cause to be published any false, fraudulent or misleading information, representation, promise, notice or advertisement;

(2) Advertise in newspapers or otherwise, or use letterheads or receipts or other written or printed matter, unless such advertising or other matter contains the name and address of the employment agency and the word ''agency'' or other language which clearly shows that the advertiser is an employment agency, employment consultant, personnel consultant, employment counsellor or other person who conducts an employment agency.

(3) Direct an applicant to an employer for the purpose of obtaining employment without having first obtained a recent bona fide order therefor; provided, that a qualified applicant may be directed to an employer who has previously requested that he regularly be accorded interviews with applicants of certain qualifications if a confirmation of the order is sent to the employer; and provided, further, that an employment agency may attempt to sell the services of an applicant to an employer from whom no job order has been received as long as this fact is told to the applicant before he is directed to the employer. Any applicant who is referred to an employer contrary to the provisions of clause (3) without obtaining employment thereby, shall be reimbursed by the employment agency for all ordinary and necessary travel expenses incurred by the applicant as a result of such referral, within twenty-four hours of making a demand therefor;

(4) Send or cause to be sent any person to any employer where the employment agency knows, or reasonably should have known, that the prospective employment is or would be in violation of state or federal laws governing minimum wages or child labor or in violation of the law relating to compulsory education;

(5) Send or cause to be sent any person to any place which the employment agency knows or reasonably should have known is maintained for immoral or illicit purposes; nor send or cause to be sent any female to any place which the employment agency knows or should have known permits persons known to be prostitutes, gamblers or procurers or intoxicated persons to frequent such place;

(6) Compel any person to enter such agency for any purpose by use of force or otherwise;

(7) Require applicants for employees or employment to subscribe to any publication or incidental service or contribute to the cost of advertising;

(8) Refuse to return on demand of an applicant any baggage or personal property belonging to such applicant;

(9) Send or cause to be sent any applicant to any place which the agency knows or should know is on strike unless the fact of such strike is told to the applicant;

(10) Solicit, persuade, induce or attempt to induce any employee to leave an employment if such soliciting, persuading or inducing is for the purpose of securing a new fee from such employee, providing that nothing herein shall prohibit notifying an applicant that a position exists where the applicant has requested the agency to place him;

(11) Divide or share, or offer to divide or share service fees with employer clients; or

(12) Solicit, persuade, induce or attempt to induce any employer to create a vacancy by discharge.