PocketLaw | Illinois Compiled Statutes | Job Referral and Job Listing

Job Referral and Job Listing Services Consumer Protection Act.

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(815 ILCS 630/1) (from Ch. 121 1/2, par. 2001)

Sec. 1. This Act shall be known and may be cited as the "Job Referral and Job Listing Services Consumer Protection Act".

(Source: P.A. 85-1367.)

(815 ILCS 630/2) (from Ch. 121 1/2, par. 2002)

Sec. 2. Definitions. (a) "Employer" means a person seeking to obtain employees to perform services, tasks, or labor for which a salary, wage, or other compensation or benefits are to be paid.

(b) "Job listing service", "job referral service" or "Service" means any person who by advertisement or otherwise offers to provide job seekers with a list of employers or list of job referrals, openings or like publications, or prepares resumes or lists of job seekers for distribution to potential employers, where a fee is charged to or collected from the job seeker, either directly or indirectly, for such service.

(c) "Prepaid computer job matching service" means any person, who is engaged in the business of matching job seekers with employment opportunities, pursuant to an arrangement under which the job seeker is required to pay a fee in advance of, or contemporaneously with, the supplying of the matching, but which does not otherwise involve services for the procurement of employment by the person conducting the service.

(d) "Job seeker" means any individual seeking employment, career guidance, counseling or employment related services or products.

(e) "Job listing authorization" means an oral or written communication from an employer authorizing a Service to list a currently available position.

(f) "Person" means any individual, firm, association, partnership or corporation.

(Source: P.A. 85-1367.)

(815 ILCS 630/3) (from Ch. 121 1/2, par. 2003)

Sec. 3. The provisions of this Act shall apply to any person engaging in any of the activities regulated by this Act, including persons who transact business in this State but whose residence or principal place of business is located outside of this State.

(Source: P.A. 85-1367.)

(815 ILCS 630/4) (from Ch. 121 1/2, par. 2004)

Sec. 4. The provisions of this Act shall not apply to:

(a) Any State, federal or local governmental agency that performs such services;

(b) Any labor union that procures employment for any of its members in any job coming under the jurisdiction of the union;

(c) Any news periodical which contains listings of or classified advertisements for jobs, positions, employers, or job seekers where the periodical also contains news stories of general interest, articles or essays of opinion, features and other advertising and which is offered to the general public for sale at a nominal fee;

(d) Any not for profit educational, religious, charitable or civic organization which provides career counseling, job placement or other employment-related services, skills evaluation, skills analysis, or testing for vocational ability in order to develop a vocational profile to counsel individuals and recommend placement opportunities as part of the fulfillment of its educational, religious or charitable purpose and which does not charge a fee for its services;

(e) Any copying, printing, duplicating or resume preparation service which in no instance charges a fee, directly or indirectly, for providing any employment-related service other than copying, printing, duplicating or assisting in arranging the layout of a resume;

(f) Any other person or business entity that does not collect from or charge the job seeker a fee for its services;

(g) Any newsletter or matching service provided by a not for profit organization that has been in existence at least 3 years before the initiation of the newsletter or matching service and when the annual fee for the service does not exceed $50.

(Source: P.A. 88-478.)

(815 ILCS 630/5) (from Ch. 121 1/2, par. 2005)

Sec. 5. Every Service shall be required to:

(1) Keep and make available to the Attorney General during regular business hours, and to the State's Attorney of any county in which the Service conducts business the following records:

(a) All job listing authorizations received by the Service during the immediate past year. Each such authorization shall include:

(i) the date when such authorization was received.
(ii) the name of the person recording the authorization.
(iii) the name and address of the employer or agent of the employer, making the authorization.
(iv) the job title and the qualifications therefor.
(v) the salary offered or to be paid for such job, if known.
(vi) the duration of the job.

(b) Copies of all contracts, agreements or other documents signed by job seekers, pursuant to Section 6 of this Act, for the immediate past year.
(c) Copies of all receipts for fee payments given to each job seeker, pursuant to this Act, for the immediate past year.
(d) A current schedule of fees charged.
(e) All other written information relative to the services provided to the job seeker.

(2) Furnish to each job seeker a copy of every written instrument the job seeker has signed.
(3) Obtain a bona fide job order for employment prior to collecting any fee from a job seeker or sending out a job seeker to any place of employment.
(4) Furnish to each job seeker from whom a fee is received, at the time payment is received, a receipt in which shall be stated the name of the job seeker, the name and address of the Service and its agent, the date and amount of the fee and the purpose for which it was paid.
(5) Furnish to each job seeker, who is sent to a prospective employer, with a card or similar paper stating the nature of the prospective employment, the names of the job seeker and prospective employer, and the address of the employer.
(6) Verify each job listing authorization received from the authorizing employer within 7 days following the receipt or such authorization.
(7) Meet in person with a potential job seeker and enter into a written contract before a job seeker provides payment for a job list. A job list shall include, at a minimum, the following information:

(a) name and address of the employer or agent of the employer, making the authorization;
(b) job title and the qualifications therefor;
(c) salary offered or to be paid for such job, if known;
(d) the duration of the job;
(e) location of the job; and
(f) certification that the position has not been filled as of the date that such a list is made available to the job seeker.

Said job list shall be considered deliverable under the contract.

(Source: P.A. 99-642, eff. 7-28-16.)

(815 ILCS 630/6) (from Ch. 121 1/2, par. 2006)

Sec. 6. Prior to the acceptance of a fee from a job seeker, a Service shall provide the job seeker with a written contract which shall include at least the following:

(1) The name of the Service and the addresses and telephone number of each primary and other locations of the Service.

(2) A description of the job seeker's specifications for an employment opportunity, including, but not limited to, the following:

(a) Type of jobs requested.

(b) Qualifications and experience of job seeker.

(d) Geographic location of acceptable job opportunities.

(3) The contract expiration date.

(4) The signature of the agent or employee of the Service.

(Source: P.A. 85-1367.)

(815 ILCS 630/7) (from Ch. 121 1/2, par. 2007)

Sec. 7. Every contract or receipt shall be made and numbered consecutively in original and duplicate, both to be signed by the job seeker and an agent or employee of the Service. The original shall be given to the job seeker and the duplicate shall be kept on file at the Service's primary location.

(Source: P.A. 85-1367.)

(815 ILCS 630/8) (from Ch. 121 1/2, par. 2008)

Sec. 8. (1) A Service shall refund in full the fee paid by a job seeker if the Service does not, within 10 calendar days after execution of the contract, supply at least 3 employment opportunities then available to the job seeker and meeting the specifications of the contract.

(2) A Service will be deemed to have supplied information meeting the specifications of the job seeker if the information supplied meets the contract specifications with reference to:

(a) types of jobs requested;

(b) qualifications and experience of job seeker;

(d) geographical location of acceptable job opportunities; and

(e) any other specification expressly set forth in the contract.

(3) Each contract shall also contain refund provisions, which shall read in type no smaller than 10 point bold face type as follows:

"YOUR RIGHT TO A REFUND

IF YOU HAVE NOT RECEIVED AT LEAST 3 JOB REFERRALS WHICH MATCH THE SPECIFICATIONS OF THE CONTRACT WITHIN 10 CALENDAR DAYS FOLLOWING PAYMENT OF YOUR FEE YOU ARE ENTITLED TO A REFUND IN FULL. TO RECEIVE YOUR REFUND, YOU OR YOUR REPRESENTATIVE MUST MAKE A DEMAND IN PERSON OR BY CERTIFIED MAIL TO THE OFFICE WHERE THE CONTRACT WAS SIGNED. THE DEMAND MUST BE MADE WITHIN 10 CALENDAR DAYS FOLLOWING THE EXPIRATION OF THE 10 DAY PERIOD IN WHICH JOB REFERRALS MUST BE MADE. YOU ARE ENTITLED TO YOUR REFUND WITHIN 10 DAYS FOLLOWING THE DATE YOU MADE YOUR DEMAND IN PERSON OR THROUGH YOUR REPRESENTATIVE OR WITHIN 10 DAYS FOLLOWING THE MAIL RECEIPT BY (name of service) OF YOUR REFUND. THIS PROVISION CANNOT BE WAIVED."

(Source: P.A. 85-1367.)

(815 ILCS 630/9) (from Ch. 121 1/2, par. 2009)

Sec. 9. In addition to any act or practice in violation of the Consumer Fraud and Deceptive Business Practices Act, as now or hereafter amended, it shall be a violation of this Act for any Service or its agent or employee to do any of the following:

(a) Make, or cause to be made, publish or cause to be published, any false, misleading, or deceptive advertisement or representation concerning the services or products that the service provides to job seekers.

(b) Disseminate information or publish or cause to be published an advertisement for a job knowing or disregarding the fact that:

(1) The job does not exist or the job seeker is not qualified for the job.

(2) The job has been described or advertised by or on behalf of the Service in a false, misleading, or deceptive manner.

(3) The Service has not confirmed the availability of the job as required by Section 6 of this Act.

(4) The Service has not obtained written or oral permission to list the job from the employer or an authorized agent of the employer.

(c) Divide or offer to divide fees, directly or indirectly, with prospective or actual employers or any agent, employee or representative of prospective or actual employers.

(d) Make a false statement or in any way falsely imply to any job seeker that a person is seeking employees to perform labor or services for which salary, wages or other compensation is to be paid.

(e) Provide to any job seeker a job listing authorization for a position which would require the job seeker to perform an unlawful act.

(f) Provide to any job seeker a job listing authorization for work which that job seeker is not legally qualified to perform.

(g) Demand, charge, collect or receive a fee except in accordance with the terms of a written contract or agreement with a job seeker.

(Source: P.A. 85-1367.)

(815 ILCS 630/10) (from Ch. 121 1/2, par. 2010)

Sec. 10. Newspaper advertising pertaining to employment opportunities offered or provided by a Service appearing within or adjacent to help-wanted or classified job advertising shall contain the phrases "Not an Employment Agency" and "Advance Fee Required" in a clear, conspicuous, and prominent manner, and shall include the legal name and address from which business is actually conducted. Such advertising shall not include 900 telephone numbers.

(Source: P.A. 87-293.)

(815 ILCS 630/11) (from Ch. 121 1/2, par. 2011)

Sec. 11. Nothing in this Act shall affect the validity of any license previously issued to any person as a private employment agency pursuant to "An Act to revise the law in relation to private employment agencies and to repeal an Act therein named", approved July 10, 1935, as amended, but all persons holding such licenses shall, in all other respects, be subject to the provisions of this Act.

(Source: P.A. 85-1367.)

(815 ILCS 630/12) (from Ch. 121 1/2, par. 2012)

Sec. 12. Violation of any of the provisions of this Act is an unlawful practice pursuant to Section 2 of the Deceptive Business Practices Act, as now or hereafter amended. All remedies, penalties and authority granted to the Attorney General or a State's Attorney by that Act shall be available to them for the enforcement of this Act. In any action brought by the Attorney General or a State's Attorney to enforce this Act, the court may order that persons who incurred actual damages be awarded the amount of actual damages assessed.

(Source: P.A. 99-642, eff. 7-28-16.)

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