Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas
September 1, 1978
JOHN L. HILL
Attorney General
Honorable Thomas H. Haynie, Chairman Opinion No. H- 1236
Texas Private Employment Agency
Regulatory Board Re: Whether an advance fee
Sam Houston State Office Building resume service is a private
Austin, Texas employment agency under article
5221a-6, V.T.C.S.
Dear Mr. Haynie:
You have requested our opinion as to whether an advance fee resume
service is a private employment agency under article 5221a-6, V.T.C.S.
You state that a company commonly referred to as an ‘advance fee
resume service” furnishes to individuals seeking employment “a prepared
resume and a list or pre-addressed mailing labels of potential employers.”
The resume service charges a flat fee for its service, payable in advance.
The names of prospective employers are ordinarily obtained from trade
journals and governmental sources, and there is no direct contact between the
resume service and the prospective employer on behalf of a particular
employee or with respect to a particular job opening. The resume service
frequently advertises its services through the broadcast and print media, with
a specific disclaimer that it is a private employment agency.
A “private employment agency” is defined by statute as
any person, place or establishment within this state
who for a fee or without a fee offers or attempts,
either directly or indirectly, to procure employment
for employees or procures or attempts to procure
employees for employers, except as hereinafter
exempted from the provisions hereof.
V.T.C.S. art. 5221a-6, S l(e) (emphasis added). On the basis of the description
you have furnished us, we believe it is clear that an advance fee resume
service is not within the definition of a “private employment agency,” for the
reason that it neither “offers . . . to procure employment for employees” nor
“procures or attempts to procure employees for employers.” See Miller v.
Eldridge, 286 S.W. 999 (Tex. Civ. App. - Amarillo 1926, writ dism’d).
p. 4932
Honorable Thomas H. Haynie - Page 2 (H-1236)
In the situation you describe, an advance fee resume service does not contact
an employer on behalf of a prospective employee. Nor does it locate prospective
employees for employers, as does a “management search consultant” under section
l(b) of the statute. See Attorney General Opinion H-699 (1975). We do not believe
that the regulatory scope of article 5221a-6 may ordinarily be extended to include
those entities which maintain contact with only the prospective employee. Since
there is no direct contact between the resume service and the employer or his
agent, we believe Texas courts would hold that the service is not a “private
employment agency” for purposes of article 5221a-6.
SU.MMARY
Where there is no direct contact between the resume service
and a prospective employer or his agent, an advance fee
resume service, as described, is not a “private employment
agency” for purposes of article 5221a-6, V.T.C.S.
Very truly yours,
Attorney General of Texas
APPROVED:
Opinion Committee
p. 4933