Sacramento Data Processing, Publication & Sales v. Department of Consumer Affairs

The central question presented is whether a business which publishes and sells a daily booklet containing aTist of current job openings is an employment agency. We hold that it is not.

Plaintiff appeals from an order granting a preliminary injunction prohibiting plaintiff from engaging in certain business activities relating to employment.

Facts

Plaintiff is a partnership licensed to do business in Sacramento County as Sacramento Data Processing, Publication and Sales. Plaintiffs principal business is that of selling a publication containing listings of available jobs and other labor data. It develops employment availability lists and sells these lists under a “policy” which entitles the buyer, for a $40 fee, to daily job listings for a period of one year.

Plaintiff acquires its job information through newspaper advertisements, magazines, telephone directories, local associations and direct contact with employers. Each employer is contacted daily to determine whether any jobs listed in the publication have been filled or are no longer available. Plaintiff does not guarantee that applicants who purchase the publication will secure employment. While it is unclear…