(2) If an employment agency sends an applicant for employment and the applicant, within 90 days after the date of referral, secures employment other than that position specified in the bona fide order from the employer to which the applicant was sent, but with the same employer, the agency shall be entitled to a fee for the employment of the applicant, payable by the applicant, computed under the terms of the schedule of charges in effect in the agency at the time of referral. The expiration date of the referral shall be stated in the contract.
(3) In disputes between employment agencies concerning the earning of a fee for placement of an applicant, the fee shall be earned by the agency responsible for the applicant being placed. A reasonable effort shall be made by the billing agency to determine that it is entitled to the fee. The applicant shall be responsible for only one full fee for any single placement, and this fact shall be stated in the contract. [1953 c.694 §16; 1961 c.380 §15; 1973 c.678 §14]