95-47.1. Definitions. As used in this Article, unless the context clearly requires otherwise: (1) "Accept" employment means to accept an employer’s offer of employment or to begin work for an employer. (2) "Applicant," except where it refers to an applicant for a private personnel services license, means any person who uses or attempts to use […]
95-47.10. Power of Commissioner to seek injunction. The Commissioner may apply to courts having jurisdiction for injunctions to prevent violations of this Chapter or of rules issued pursuant thereto, and such courts are empowered to grant such injunctions regardless of whether criminal prosecution or other action has been or may be instituted as a result […]
95-47.11. Government employment agencies unaffected. This Article shall not in any manner affect or apply to the State of North Carolina, the government of the United States, or to any city, county or town, or any agency of any of those governments. (1929, c. 178, s. 10; 1979, c. 780, s. 1.)
95-47.12. License taxes placed upon agencies not affected. This Article is not intended to conflict with or affect any license tax placed upon private personnel services by the revenue laws of North Carolina, but instead shall be construed as supplementary thereto in exercising the police powers of the State. (1929, c. 178, s. 11; 1979, […]
95-47.13. Severability. If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Article are severable. (1929, c. 178, s. 9; 1979, c. 780, s. 1.)
95-47.14. Notification requirement. Any temporary help service as described in G.S. 95-47.1(16)c. that operates in North Carolina shall notify the Department of Labor in writing that the temporary help service: (1) Operates only as a temporary help service; (2) Establishes an employer-employee relationship with its temporaries; (3) Does not operate as a private personnel service […]
95-47.15. Certification requirement. Any employer fee paid personnel consulting service or temporary help service, as the two terms are described in G.S. 95-47.1(16)f., that operates in North Carolina shall certify annually to the Department of Labor on a form prescribed by the Commissioner that the service: (1) Operates on a one hundred percent (100%) employer […]
95-47.2. Licensing procedures. (a) No person shall open, keep, maintain, own, operate or carry on a private personnel service unless the person has first procured a license therefor as provided in this Article. (b) An application for license shall be made to the Commissioner. If the private personnel service is owned by an individual, the […]
95-47.3. Fees and contracts; filing with Commissioner. (a) Every license applicant shall file with the Commissioner a schedule of fees or charges made by the private personnel service to applicants for employment for any services rendered, stating clearly the conditions under which the private personnel service refunds or does not refund a fee, together with […]
95-47.3A. Fee reimbursement from employers due to overstated earnings expectations. (a) An applicant who accepts employment that is compensated in whole or in part on a commission basis, and who pays a fee to the licensee calculated on the commission-based compensation amount stated by the employer in the written job order, may file a written […]
95-47.4. Contracts; contents; approval; tying contracts forbidden. (a) A contract between a private personnel service and an applicant shall be in writing, labeled as a contract, physically separate from any application and made in duplicate. One copy shall be given to the applicant and the other shall be kept by the private personnel service as […]
95-47.5. Records. Every private personnel service shall maintain for a period of two years, the following records: (1) Job orders or job specifications. (2) Executed applicant contracts. (3) Information on all placements made, including the employer’s name and address; name and address of applicant placed; salary of the position; amount of fee charged; and refunds, […]
95-47.6. Prohibited acts. A private personnel service shall not engage in any of the following activities or conduct: (1) Induce or attempt to induce any employee placed by that private personnel service to terminate his employment in order to obtain other employment through the private personnel service; or procure or attempt to procure the discharge […]
95-47.9. Enforcement of Article; rules; hearing; penalty; criminal penalties. (a) This Article shall be enforced by the Commissioner. The Commissioner or any duly authorized agent, deputies or assistants designated by the Commissioner, may upon receipt of a complaint that a private personnel service has violated a specific section of this Article, inspect those records relevant […]
