Pierce
Pierce v. Arywitz
Opinion
Lead Opinion
Wood, J.
Plaintiff, as owner of an employment agency, commenced this action for declaratory relief on behalf of himself and employment agencies similarly situated with respect to the issues herein. Plaintiff sought a declaration that certain regulations issued by the defendant Labor Commissioner are invalid. The regulations so referred to are to the effect that the contract receipt which is given to an applicant by an employment -agency must state the amount of the agency’s fee “in dollars,” as distinguished from stating a percentage of the wages or by referring to a schedule of fees. Plaintiff appeals from the judgment in favor of the defendant.
One of the duties of the Labor Commissioner is to license and regulate employment agencies. When an applicant for employment seeks the services of an employment agency, the general practice is that the applicant and agency enter into a written pre-employment contract, whereby the applicant appoints the -agency to assist him in securing employment and agrees to pay the agency for its services a fee computed upon a stated schedule of varying percentages of graduated amounts of compensation. It is not a legal requirement that a pre-employment…