Wash. Rev. Code § 19.31.010
Short title
This chapter shall be known and cited as "The Employment Agency Act".
Revised Code of Washington Chapter 19.31 — Employment Agencies
Washington · statute · Wash. Rev. Code ch. 19.31 · 28 active provisions
Provisions
Wash. Rev. Code § 19.31.020
Definitions
Unless a different meaning is clearly required by the context, the following words and phrases, as hereinafter used in this chapter, shall have the following meanings:(1) "Applicant," except when used to describe an applicant for an employment agency license, means any person, whether employed or unemployed, seeking or…
Wash. Rev. Code § 19.31.030
Records
Each employment agency shall keep records of all services rendered employers and applicants. These records shall contain the name and address of the employer by whom the services were solicited; the name and address of the applicant; kind of position ordered by the employer; dates job orders or job listings are obtaine…
Wash. Rev. Code § 19.31.040
Contract between agency and applicant—Contents—Notice
An employment agency shall provide each applicant with a copy of the contract between the applicant and employment agency which shall have printed on it or attached to it a copy of RCW 19.31.170 as now or hereafter amended. Such contract shall contain the following:(1) The name, address, and telephone number of the emp…
Wash. Rev. Code § 19.31.050
Approval of contract, fee schedule
Prior to using any contract or fee schedule in the transaction of its business with applicants, each employment agency shall obtain the director's approval for the use of such contract or fee schedule.
Wash. Rev. Code § 19.31.060
Request from employer for interview required—Information to be furnished applicant
No employment agency shall send any applicant on an interview with a prospective employer without having first obtained, either orally or in writing, a bona fide request from such employer for the interview: PROVIDED, HOWEVER, That, it shall be the duty of every employment agency to give to each applicant for employmen…
Wash. Rev. Code § 19.31.070
Administration of chapter—Rules—Investigations—Inspections
(1) The director shall administer the provisions of this chapter and shall issue from time to time reasonable rules and regulations for enforcing and carrying out the provisions and purposes of this chapter.(2) The director shall have supervisory and investigative authority over all employment agencies. Upon receiving…
Wash. Rev. Code § 19.31.080
License required—Penalty
It shall be a misdemeanor for any person to conduct an employment agency business in this state unless he or she has an employment agency license issued pursuant to the provisions of this chapter.
Wash. Rev. Code § 19.31.090
Bond—Cash deposit—Action on bond or deposit—Procedure—Judgment
(1) Before conducting any business as an employment agency each licensee shall file with the director a surety bond in the sum of two thousand dollars running to the state of Washington, for the benefit of any person injured or damaged as a result of any violation by the licensee or his or her agent of any of the provi…
Wash. Rev. Code § 19.31.100
Application—Contents—Filing—Qualifications of applicants and licensees—Waiver—Exceptions
(1) Every applicant for an employment agency's license or a renewal thereof shall file with the director a written application stating the name and address of the applicant; the street and number of the building in which the business of the employment agency is to be conducted; the name of the person who is to have the…
Wash. Rev. Code § 19.31.110
Expiration date of license—Reinstatement
An employment agency license shall expire June 30th. Any such license not renewed may be reinstated if the employment agency can show good cause to the director for renewal of the license and present proof of intent to continue to act as an employment agency: PROVIDED, That no license shall be issued upon such applicat…
Wash. Rev. Code § 19.31.120
Transfer of license
No license granted pursuant to this chapter shall be transferable without the consent of the director. No employment agency shall permit any person not mentioned in the license application to become connected with the business as an owner, member, officer, or director without the consent of the director. Consent may be…
Wash. Rev. Code § 19.31.130
License sanction—Grounds—Support order, noncompliance
(1) In accordance with the provisions of chapter 34.05 RCW, the director may by order sanction the license of any employment agency under RCW 18.235.110, if the director finds that the applicant or licensee has violated any provisions of this chapter, or failed to comply with any rule or regulation issued by the direct…
Wash. Rev. Code § 19.31.140
Fees for licensees
The director shall determine the fees, as provided in RCW 43.24.086, charged to those parties licensed as employment agencies for original applications, renewal per year, branch license, both original and renewal, transfer of license, and approval of amended or new contracts and/or fee schedules.
Wash. Rev. Code § 19.31.150
Employment condition precedent to charging fee—Exceptions
(1) Except as otherwise provided in subsections (2) and (3) of this section, no employment agency shall charge or accept a fee or other consideration from an applicant without complying with the terms of a written contract as specified in RCW 19.31.040, and then only after such agency has been responsible for referring…
Wash. Rev. Code § 19.31.160
Charging fee or payment contrary to chapter—Return of excess
Any employment agency which collects, receives, or retains a fee or other payment contrary to the provisions of this chapter or to the rules and regulations adopted pursuant to this chapter shall return the excessive portion of the fee within seven days after receiving a demand therefor from the director.
Wash. Rev. Code § 19.31.170
Limitations on fee amounts—Refunds—Exceptions
(1) If an applicant accepts employment by agreement with an employer and thereafter never reports for work, the gross fee charged to the applicant shall not exceed: (a) Ten percent of what the first month's gross salary or wages would be, if known; or (b) ten percent of the first month's drawing account. If the employm…
Wash. Rev. Code § 19.31.180
Posting of fee limitation and remedy provisions
Each licensee shall post the following in a conspicuous place in each office in which it conducts business: (1) The substance of RCW 19.31.150 through 19.31.170; and (2) a name and address provided by the director, in a form prescribed by him or her, of a person to whom complaints concerning possible violation of this…
Wash. Rev. Code § 19.31.190
Rules of conduct—Complaints
In addition to the other provisions of this chapter the following rules shall govern each and every employment agency:(1) Every license or a verified copy thereof shall be displayed in a conspicuous place in each office of the employment agency;(2) No fee shall be solicited or accepted as an application or registration…
Wash. Rev. Code § 19.31.210
Enforcement
The director may refer such evidence as may be available to him or her concerning violations of this chapter or of any rule or regulation adopted hereunder to the attorney general or the prosecuting attorney of the county wherein the alleged violation arose, who may, in their discretion, with or without such a referenc…
Wash. Rev. Code § 19.31.220
Assurance of discontinuance of violation
In the enforcement of this chapter, the attorney general and/or any said prosecuting attorney may accept an assurance of discontinuance from any person deemed in violation of any provisions of this chapter. Any such assurance shall be in writing and shall be filed with and subject to the approval of the superior court…
Wash. Rev. Code § 19.31.230
Civil penalty
Any person who violates the terms of any court order or temporary or permanent injunction issued pursuant to this chapter, shall forfeit and pay a civil penalty of not more than five thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain continuing jurisdiction and in s…
Wash. Rev. Code § 19.31.240
Service of process outside state
Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which conduct has had impact in this state which this chapter reprehends. Such person shall be deemed to have thereby submitted himself or hers…
Wash. Rev. Code § 19.31.245
Registration or licensing prerequisite to suit by employment agency—Action against unregistered or unlicensed employment agency
(1) No employment agency may bring or maintain a cause of action in any court of this state for compensation for, or seeking equitable relief in regard to, services rendered employers and applicants, unless such agency shall allege and prove that at the time of rendering the services in question, or making the contract…
Wash. Rev. Code § 19.31.250
Chapter provisions exclusive—Authority of political subdivisions not affected
(1) The provisions of this chapter relating to the regulation of private employment agencies shall be exclusive.(2) This chapter shall not be construed to affect or reduce the authority of any political subdivision of the state of Washington to provide for the licensing of private employment agencies solely for revenue…
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