Texas Attorney General Opinion: O-6879 Page: 2 of 4
4 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable Leonard Carlton - page 2 - 0-6879
the applicant deduct that from the authorized
30 per cent commission. Is this practice per-
missible under our statutes
"d. Certain nurses organizations in this
State are operating as above outlined but claim
exemption by virtue of Section 2 of the Act.
The present Texas Imployment and Labor Agency Law was enacted
by the 48th Legislature, Acts of 1943, page 86, chapter 67, and is designated
in Vernon's Annotated Civil Statutes of Texas, 1925, as amended, as Article
5221a-4. Section 1 (3) defines an employment or labor agent as follows:
"(e) 'Eployment or Labor Agent' means any
person in thief State who for a fee offers or at-
tempts to procure or procures employment for em-
ployees, or with a fee offers or attempts to
procure or procures employment for common laborers
or agricultural workers, or any person who for a
fee offers or attempts to procure or procures
employees for employers, or without a fee offers
or attempts to procure or procures common laborers
or agricultural workers for employers, or any per-
son, regardless of whether a fee is received or due,
offers, or attempts to supply or supplies the services
of common or agricultural workers to any person."
Section 2 of the Act sets forth the exceptions to the pro-
visions of this Act and among other things states that, "the provisions
of this Act shall not apply to any person, corporation, or charitable
association, chartered under the laws of Texas for the purpose of conducting
a free employment bureau or agency; nor to any veterans' organization or
labor union; nor to any nurses' organization operated not for profit, to
be conducted by recognized professional registered nurses for the
enrollment of its professional members only for the purpose of providing
professional service to the public." (Underscoring ours).
Section 11 of the Act is as follows:
"Fees. Where a fee is charged for obtain-
ing employment such fee in no event shall exceed
the sue of Three ($3) Dollars, which may be col-
lected from the applicant only after employment
has been obtained and accepted by the applicant;
provided, however, employment or labor agents
engaged exclusively in providing employment for
skilled, professional, or clerical positions may
charge, with the written consent of the applicant,
a fee not to exceed thirty (30) per centua of the
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6879, text, October 19, 1945; (https://texashistory.unt.edu/ark:/67531/metapth264156/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.