SECTION 380:10-1-9. Attorney General's opinion

  The Department of Labor was asked to request an Attorney General's Opinion clarifying certain portions of the Private Employment Agency law. In answer to this request, the Attorney General has issued Opinion No. 79-300, dated October 22, 1979, which basically states the following:

(1)   Agencies operating on an employer paid fee basis only are included within the definition of a private employment agency and are required to obtain a state license.

(2)   Where the employment procured pays $500.00 or more per month, the statute requires the fee to be determined by written agreement between all parties concerned. This includes the employer, the employment agency and the applicant.

(3)   Any employer who pays a fee is entitled to a refund as provided in the statutes.