§ 95-47.1. Definitions.
Article5A.
Regulation of PrivatePersonnel Services.
§ 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 workfor an employer.
(2) "Applicant,"except where it refers to an applicant for a private personnel serviceslicense, means any person who uses or attempts to use the services of a privatepersonnel service in seeking employment.
(3) "Commissioner"means the North Carolina Commissioner of Labor or any person designated by theCommissioner as the representative of the Commissioner.
(4) "Complaint"means a communication to the Commissioner or department alleging facts thatcould support issuance of a warning or citation under G.S. 95‑47.9.
(5) "Contract"means any agreement between a private personnel service and an applicantobligating the applicant to pay a fee or any agreement subsequent to suchcontract reducing the obligations of the private personnel service to the applicantunder the contract.
(6) "Employee"means a person performing work or services of any kind or character forcompensation.
(7) "Employer"means a person employing or seeking to employ a person for compensation, or anyrepresentative or employee of such employer.
(8) "Employment"means any service or engagement rendered or undertaken for wages, salary,commission, or other form of compensation.
(9) "Fee"means anything of value, including money or other valuable consideration orservices or the promise of any of the foregoing, required or received by aprivate personnel service, in payment for any of its services, or act renderedor to be rendered by any private personnel service.
(10) "Interview"means a meeting between an employer and an applicant to discuss potentialemployment.
(11) "Job order"means an oral or written communication from an employer authorizing a privatepersonnel service to refer applicants for a position the employer hasavailable.
(12) "Licensee"means any person licensed by the Commissioner to operate a private personnelservice.
(13) "Manager"of a private personnel service means the person who is responsible for theoperation of an office of a private personnel service.
(14) "Owner" ofa private personnel service means the sole proprietor of a private personnelservice operated as a sole proprietorship; any partner in a partnership thatowns or operates a private personnel service; any stockholder with a financialinterest greater than 10 percent (10%) in a corporation that owns or operates aprivate personnel service.
(15) "Person"means any individual, association, partnership or corporation.
(16) "Privatepersonnel service" means any business operated in the State of NorthCarolina by any person for profit which secures employment or by any form ofadvertising holds itself out to applicants as able to secure employment or toprovide information or service of any kind purporting to promote, lead to orresult in employment for the applicant with any employer other than itself, whereany applicant may become liable for the payment of a fee to the privatepersonnel service, either directly or indirectly. "Private personnelservice" does not include:
a. Any educational,religious, charitable, fraternal or benevolent organization which charges nofee for services rendered in securing employment or providing information aboutemployment;
b. Any employmentservice operated by the State of North Carolina, the Government of the UnitedStates, or any city, county, or town, or any agency thereof;
c. Any temporary helpservice that at no time advertises or represents that its employee may, withthe approval of the temporary help service, be employed by one of its clientcompanies on a permanent basis and which does not act as a private personnelservice or an employer fee paid personnel service;
d. Any newspaper ofgeneral circulation or other business engaged primarily in communicatinginformation other than information about specific positions of employment andthat does not purport to adapt the information provided to the needs or desiresof an individual subscriber;
e. Employment officesthat charge no fee to the applicant other than union dues or to the employerand which are used solely for the hiring of employees under a valid unioncontract by the employer subscribing to this contract;
f. Any employer feepaid personnel consulting service or temporary help service that offerstemporary to permanent placement when the service operates on a one hundredpercent (100%) employer fee paid service basis, requires no applicant placementcontract, and has no recourse against an applicant for a fee under anycircumstances.
(17) "Refer" anapplicant means to submit resumes to an employer, arrange interviews between anapplicant and an employer, or to provide an employer with the name of anapplicant. (1929, c. 178, ss. 1, 10; 1979, c. 780, s. 1; 1989, c.414, s. 1.)