August 14, 1978 Subject:
Employment Agency; G.S. 95-37; Definition includes a For Profit Business.
Requested By:
Mr. John H. Boddie, Director Private Employment Agency Division
N.C. Department of Labor
Question:
Does the definition of employment agency in G.S. 95-37 include a for profit business that makes a charge on persons seeking employment for the service of providing them with information about employment opportunities, when:
- (1)
- the business advertises specific positions of employment in the classified section of one or more newspapers of general circulation but tells job seekers the name of the employer offering an advertised position only after they pay a "subscription" charge;
- (2)
- the business publishes no printed or written list of available jobs;
- (3)
- the business disseminates no material or information other than information about employment opportunities; and
- (4)
- persons who pay for the service are told about employment opportunities by means of telephone conversations with employees of the business and by no other means?
Conclusion:
Yes.
Chapter 95, Article 5 of the General Statutes of North Carolina authorizes and empowers the North Carolina Department of Labor to license and regulate individuals and businesses engaged in the operation of an employment agency. G.S. 95-37 is hereinafter set forth verbatim:
"§ 95-37. Employment agency defined. — Employment agency within the meaning of this Article shall include any business operated by any person, firm or corporation in the State of North Carolina and making a charge on the employee or employer for the service."
To be classified as an employment agency, a business must be:
- Operated for profit;
- Engaged in procuring employment "for any person, firm or corporation in the State of North Carolina;" and
- Charging the prospective employee or employer for the service.
The business described above clearly falls within the parameters of this statutory definition and is an employment agency within the meaning of G.S. 95-37.
Rufus L. Edmisten Attorney General
George W. Lennon Associate Attorney General