N.J. Admin. Code § 13:45B-2.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:45B-2.4 - Records

(a) To effectuate the purposes of the Act, every holder of an employment agency license, as well as every representative authorized by the owner to supervise or conduct the operation of the employment agency, shall keep and maintain, readily available for inspection by the Director or the Director's duly authorized representative for a period of at least two years, the following:

1. All requests for job seekers (job orders) or applications for employment, which shall include the name and address of the applicant, the date of application and the following additional information:

i. When the application is for employment, a reasonably accurate description of the types or classes of employment and such other facts as the applicant may wish to record;

ii. On the job order, the information shall include a reasonably accurate description of the job or jobs to be filled, whether the job(s) is temporary or permanent, the address or location at which the work is to be performed, the range of salary and the conditions of employment offered;

iii. Memorializations of applications for employment and job orders made by telephone or other oral communication, which shall be kept in writing on standard forms. Copies of these forms shall be filed with the Executive Director prior to their use by the employment agency. However, the written records of oral job orders may be kept in a book or binder used exclusively for such purpose; and

iv. For the purpose of convenience, there may be recorded on the application forms such additional information as is not in violation of any law of the State of New Jersey or Federal law;

2. For all advertisements published or disseminated by the employment agency:

i. A record containing complete information as to the date and manner of publication, with the name of the paper, periodical or other media in or through which the advertisement was published or disseminated;

ii. Copies of advertisements published through all media, including such items as letterheads and programs; and

iii. The text of any telemarketed message, the date disseminated, and the approximate number of recipients;

3. A record of fees charged, collected, and refunded, and such accounting record as may be necessary to enable the Section to readily verify the record of fees charged, fees collected, and refunds made;

4. All correspondence concerning references of job seekers, including written records of information secured by telephone or other oral communication. In cases where the job seeker applies for a position of trust or work with a family and the employer waives references, written records of such waivers shall be kept available for inspection by the Director or the Director's duly authorized representative; and

5. Copies of all contracts between job seekers or employers and the employment agency.

N.J. Admin. Code § 13:45B-2.4

Amended by R.1995 d.190, effective 4/3/1995.
See: 26 N.J.R. 4316(a), 27 N.J.R. 1430(a).
Amended by R.2008 d.254, effective 8/18/2008.
See: 40 N.J.R. 1762(a), 40 N.J.R. 4819(a).
In the introductory paragraph of (a)1, inserted a comma following "employment"; in (a)1iii, deleted "/or" following "employment and" and substituted "Executive Director" for "Chief"; in (a)1iv, inserted "or Federal law"; and in (a)4, inserted a comma following "seekers" and substituted "Director or the Director's duly authorized representative" for "Section".