{"data":{"id":"us-ok/okla.-stat.-tit.-40-40-55","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 40, § 40-55","heading":"Rules and regulations","body":"(a) Every employment agency shall enter into a written\n\nagreement with every applicant for services to be rendered and the\n\ntime and method of payment, and on which there shall appear the\n\ndefinition of \"Temporary Employment\", \"Permanent Employment\" and\n\n\"Method of Payment\". Provided, that nothing herein shall be\n\nconstrued to prohibit an employment agency from making arrangements\n\nby wire or telephone without said employee having first entered into\n\na written agreement with the agency; and provided further, if by\n\noversight or intention an applicant fails to sign an employment\n\ncontract, but is placed and accepts such employment, the employment\n\nagency shall be entitled to its fee for such placement. Every\n\nemployment agency shall provide the applicant with a copy of any\n\nwritten agreement between the applicant and the agency. All\n\ncontracts or agreements shall clearly state the fee and in no case\n\nshall the employment agency collect more than the stated fee or\n\nagreed percentage of the first year's total income.\n\n(b) In all instances wherein permanent employment is terminated\n\nwithin the definition of temporary employment, every employment\n\nagency shall give to every person from whom an overpayment of fee\n\nhas been received, if requested within six (6) months of such\n\ntermination, a refund in the amount of such overpayment, such refund\n\nto be made promptly within ten (10) days following the agency's\n\nreceipt of verification from the employer of the inclusive dates of\n\nemployment and the total gross earnings of the employee. This\n\nsubsection shall not apply to any employment agency acting as a\n\nsearch consultant that is retained and compensated solely by the\n\nemployer on a retainer or consulting basis.\n\n(c) Every employment agency shall give to every person from\n\nwhom a payment is received for services or assistance rendered or to\n\nbe rendered a receipt bearing the name and address of the employment\n\nagency, the name of the employee, amount of the payment, date of\n\npayment, and for what it is paid. Each such receipt shall be\n\nnumbered and bound in duplicate form. The duplicate copy shall be\n\nkept for two (2) years at the office of the employment agency.\n\n(d) A record shall be kept of the name and address of every\n\nemployee accepting employment, the name and address of the employer\n\nwith whom employment is accepted, the nature of the employment, the\n\nrate of wage or salary to be paid the employee, the amount of the\n\nemployment agency's service charge, the dates and amounts of\n\npayments, the date and amount of refund, if any, and for what,\n\ntogether with a space for remarks under which shall be recorded\n\nanything of an individual nature to amplify the foregoing account or\n\nrecord and as information in the event of any question arising\n\nconcerning the transaction. Such records shall be open to\n\ninspection by any court of competent jurisdiction for the purpose of\n\nenforcing the provisions of this act.\n\n(e) No employment agency shall direct an applicant to\n\nemployment without having obtained, either orally or in writing,\n\npermission or authorization of the employer. No applicant for\n\nemployment shall be required by any agency to list prospective\n\nemployers to whom he shall previously have been referred by other\n\nagencies.\n\n(f) No applicant for employment shall knowingly make false or\n\nmisleading statements to an employment agency regarding age,\n\neducation, training, experience or references; and no employment\n\nagency shall be held responsible for misinformation given it by an\n\napplicant and transmitted by it in good faith to an employer.\n\n(g) No employment agency shall advertise openings for which it\n\ndoes not hold orders from employers or knowingly cause to be\n\nprinted, published or circulated misleading, false or fraudulent\n\ninformation about employment opportunities.\nbe held responsible for misinformation given it by an\n\napplicant and transmitted by it in good faith to an employer.\n\n(g) No employment agency shall advertise openings for which it\n\ndoes not hold orders from employers or knowingly cause to be\n\nprinted, published or circulated misleading, false or fraudulent\n\ninformation about employment opportunities.\n\n(h) Other than the prescribed placement fee, no employment\n\nagency shall require either the employee or employer to contribute\n\nto the cost of its employment-related services, advertising, or\n\nincidental expenses. This subsection shall not apply to any\n\nemployment agency acting as a search consultant that is retained and\n\ncompensated solely by the employer on a retainer or consulting\n\nbasis.\n\n(i) No employment agency shall place, or cause to be placed,\n\npromotional advertising in any media without licensee's\n\nidentification as to agency and address.\n\n(j) No employment agency shall send any person to a prospective\n\nemployer who is conducting a \"lockout\" against all or part of his\n\nemployees, or whose employees or a part of them are out on strike,\n\nwithout first apprising said person of the existence of such lockout\n\nor strike.\n\n(k) Any licensed agency, or agent thereof, who shall be guilty\n\nof dividing fees with any superintendent, manager, foreman or other\n\nemployees of any person, company, corporation or association for\n\nwhom employees are furnished, shall be guilty of a misdemeanor and,\n\nupon conviction, shall be punished as provided in Section 57 of this\n\ntitle.\n\n(l) No licensed agency shall furnish employment to or refer any\n\nchild to any vocation or establishment in violation of the laws\n\nregulating the labor of children or their compulsory attendance at\n\nschool.\n\n(m) No employment agency shall discriminate in the employment\n\nof its personnel because of the race, national origin, sex or\n\nreligious belief of the applicant seeking employment with the\n\nagency.","path":["OK Code","Title 40"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3774daf74ddb95187a7b841605b3e393b9de486041fcaeb7878ce80c40aa9114","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-40-40-54","next":"us-ok/okla.-stat.-tit.-40-40-551"},"notice":"GroundRules: Original legal text. Not legal advice."}