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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) An owner, operator, counselor, agent, or employee of a personnel service may not:
(1) share or attempt to share a fee paid by a person seeking employment or an employer with an employer or an agent or employee of an employer or another person provided services by the personnel service;
(2) make or cause to be made a false promise, misrepresentation, or misleading statement or give or cause to be given misleading information to an applicant;
(3) refer an applicant to an employer unless the personnel service has a job order for the referral;
(4) advertise a position unless the personnel service has a job order verifiable by the employer;
(5) procure or attempt to procure the discharge of a person from the person's current employment;
(6) induce, solicit, or attempt to induce or solicit an employee to terminate current employment in order to obtain new employment if the current employment was obtained through that personnel service or a personnel service that has a common ownership with that personnel service unless the employee initiates the new contact;
(7) deliver, disclose, distribute, or otherwise communicate to or receive from a person a service file or information contained in a service file, except as authorized by the personnel service that owns the file;
(8) advertise in any medium, including a newspaper, trade publication, billboard, radio, television, card, printed notice, circular, contract, letterhead, or any other material made for public distribution, except an envelope, without clearly stating that the advertisement is by a firm providing a private personnel service;
(9) refer an applicant to a place where the personnel service has knowledge of the existence of a strike or lockout unless the personnel service informs the applicant in writing of the strike or lockout before the referral is made; or
(10) refer an applicant to employment harmful to the applicant's health or morals if the personnel service has knowledge of the harmful condition.
(b) An employer or a person seeking employment may not:
(1) make a false statement or conceal any material fact to obtain an employee or employment by or through a personnel service; or
(2) share or attempt to share with a person subject to this chapter a fee paid or another payment made for the services of a personnel service.
Cite this article: FindLaw.com - Texas Occupations Code - OCC § 2501.101. Prohibited Practices - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-2501-101/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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