EMPLOYMENT AGENCIES IN THE DISTRICT OF COLUMBIA.

MAY 24, 1906.-Referred to the House Calendar and ordered to be printed.

Mr. TAYLOR, of Ohio, from the Committee on the District of Columbia, submitted the following

REPORT.

[To accompany H. R. 19642.]

The Committee on the District of Columbia, to whom was referred the bill (H. R. 17511) to regulate the keeping of employment agencies in the District of Columbia where fees are charged for procuring employment or situations, having had the same under consideration, report herewith a substitute bill (H. R. 19642) with the recommendation that it do pass.

By this bill it is sought to establish a cure for certain evils which have become prevalent in the operation of employment agencies in the District of Columbia. The same evils exist in other large cities, and have been the object of careful research and investigation in an effort to eliminate them. At present there exists no law regulating employment agencies in the District of Columbia. The Commissioners of the District have prescribed regulations and provided for the license of persons doing business as employment agents. An investigation of the conditions in the District has proven to the committee's satisfaction that these regulations are not sufficient to do away with certain grave evils that exist.

The principal objects of this bill are:

First. That all persons in the business of conducting employment agencies must be reliable, honest, and amenable to the regulations therein prescribed.

Second. That persons seeking employment will be properly protected in their efforts.

Third. That persons seeking help or servants will have some guarantee that they will obtain competent, honest, and reliable employees through the employment agencies of the District. It has developed that there are a number of employment agencies in the District of Columbia, some of which are licensed and some of which are not. They have no responsibility, and are responsible to no one for their actions. They keep no books or records in many instances, and frequently give no receipts for fees, either to the servants seeking employment or to the employer seeking a servant.

This bill provides for publicity in their records, for proper receipts, both to employer and to employee, and for return of the fees paid if no proper service is rendered by the agent. It further provides proper punishment for the violation of the provisions of the bill.

The necessity for this legislation was brought to the attention of the committee through a number of women, members of the Public Education Association, the Home Interest Club, Association of Collegiate Alumnæ, and the Council of Jewish Women. They have conducted investigations into the conditions existing in Washington, and have presented the results of these investigations to the Committee for its consideration. These women have dealt personally with the servant question, as most of them are the heads of families and employers of servants. Their investigations prove that many of the troubles arising to the housekeepers are the result of incompetent and irresponsible agents, to whom they must turn in obtaining servants for their homes. They find also that the servants are not protected, and it is even apparent that many girls are led astray as a result of the immorality in the business methods of some of these so-called employment agencies. Some of the agents conduct lodging houses, and in several cases they have found girls who have come to Washington with a little money who have been boarded at the so-called agency, held there, by a promise that employment would be obtained, so long as their money lasted, but when it had all gone into the pocket of the lodging-house keeper, posing as an employment agent, they were turned adrift to shift for themselves.

After hearing the testimony and statements of the interested persons, this bill was prepared and seeks to cover the subject in an effort to do away with the irresponsible agents and to assist the employer in obtaining honest and competent servants and the employee in obtaining honest work.

Section 1 of the bill consists of definitions. This is made necessary in order that no question can be raised in the event of a criminal prosecution under this act.

Section 2 provides that no person shall conduct an employment agency without obtaining a license to do so from the Commissioners of the District of Columbia.

Section 3 provides the method by which a license must be applied for and the date of its expiration. It provides further that before issuing a license the Commissioners must be satisfied that the applicant is a person of good general character, or if the applicant be a corporation that its officers must be of good general character. It further provides for a license fee of $25, which shall accompany each application. As a further safeguard, the bill provides that every application for a license shall be filed one week before it can be granted, and that public notice of this fact shall be posted in the office of the assessor of the District. A protest can be made by any person, and if such protest is made there shall be given a public hearing before a determination is made upon such application. If the person applying intends to conduct a lodging house in addition to such agency, this must be set forth in said application, as well as in the license if granted. The Commissioners are given the power to reject any application for a license and to revoke any license after issuance if the parties obtaining the same violate or fail to comply with the provisions of this bill.

Section 4 provides that each applicant for a license shall give a bond to the District of Columbia in the penal sum of $1,000, conditioned upon the proper performance of the provisions of this bill, and further conditioned upon the applicant's compliance with the labor law. This makes it possible for a person aggrieved by the misconduct of any licensed person to recover a judgment.

Section 5 provides for a license certificate, which fully designates the street number and floor of the house in which they are authorized to conduct their agency. It is required that this license be posted in a conspicuous place in such agency.

Section 6 prohibits the location of employment agencies in rooms used for living purposes or in rooms where boarders or lodgers are kept or where meals are served or persons sleep, or in any premises where intoxicating liquors are sold to be consumed on the premises, except in office buildings where a café or restaurant is located in another part of the building. It further prohibits the employment agent from accepting an application made by or on behalf of any child which might result in a violation of any compulsory education or child labor laws.

Section 7 provides for a register to be kept by all licensed persons. In this register must be fully set forth, in the English language, the date of the application, name and address of the applicant, amount of fee received, and, if possible, the names of former employers. It further provides for a separate register, to be approved by the Commissioners of the District, in which shall be entered, in the English language, the name and address of every applicant accepted for help, date of application, kind of help requested, names of persons sent, destination of the one employed, and the amount of the fee received therefor. This register shall be kept open for investigation by the Commissioners or their agents. This section further prohibits false entries in such registers and makes it the duty of every licensed person to communicate orally or in writing with at least one of the persons named as references, except where the applicant for help voluntarily waives this duty.

Section 8 provides for the fees to be charged for the employment of servants. Employment agents shall receive from the employer for each male or female employee $1 each, the same to be returned within four days on demand if no employee is furnished. They are further entitled to a fee in advance from the applicant for work, either male or female, of $1 each, one-half of which is to be returned on demand if such applicant has not secured a fair opportunity for employment within four days after receipt of said original fee of $1. The whole fee and any sums paid by the applicant for transportation is to be refunded if no employment of the kind applied for was vacant at the place to which the applicant was directed. This section makes it illegal for an employment agent to receive and charge a fee other than those set out and specified in this section. This section further provides for a receipt to be given each applicant for employment and to each applicant for help, setting out fully all the facts necessary to identify the agent or the applicants. This makes it easy for the applicant to recover back money illegally withheld where no work was obtained or no servants furnished

Section 9 provides that where work is obtained for persons outside

of the city the agent shall give to the applicant in writing the name and address of the employer and employee, nature of work to be performed, wages offered, and terms of transportation to destination.

Section 10 makes it illegal for an agent to obtain employment for any person in a house of ill fame or bad repute or in any place kept for immoral or gambling purposes. It further makes it unlawful for such agent to permit persons of bad character to frequent the agency. It is also unlawful to procure employment in rooms or any premises where intoxicating liquors are sold on the premises, except in the case of a bartender, who may legally be employed to tend bar in an authorized and licensed saloon. For violation of any of these provisions a penalty is provided not to exceed $200, and in default of payment therefor, imprisonment of not more than one year, or both, in the discretion of the court. Licensed agents are prohibited from publishing false, fraudulent, or misleading notices, or advertisements.

Section 11 provides that the enforcement of this act shall be intrusted to the Commissioners of the District of Columbia, and when complaints are made against a licensed person the Commissioners shall give reasonable notice thereof and a hearing shall be had before the Commissioners, who shall keep a daily calendar of all hearings. The Commissioners are required to render a decision in the case within eight days after final submission, and they are further required to revoke any license for any good cause shown. After a license is revoked the Commissioners shall not issue another to the licensed person until at least six months after the revocation of such license. The corporation counsel is charged with the duty of instituting criminal proceedings for the enforcement of this act.

Section 12 repeals all acts or parts of acts inconsistent with this act. Section 13 provides that this act shall go into effect on and after its passage.

The bill reported herewith as a substitute for H. R. 17511 conforms to the amendments suggested by the Commissioners, with one exception, and to the amendments adopted by your committee. The Commissioners suggested an annual license fee of $100, but your committee felt that $25 would be adequate.

The reported bill therefore has the approval of the Commissioners of the District of Columbia, as will be seen by their letter, as follows:

OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, May 15, 1906.

DEAR SIR: The Commissioners of the District of Columbia, to whom was referred H. R. bill 17511, entitled "A bill to regulate the keeping of employment agencies in the District of Columbia where fees are charged for procuring employment or situations," beg leave to return said bill with certain proposed amendments suggested by the corporation counsel and the major and superintendent of police, said amendments being set forth in the copy of bill inclosed. A copy of the communication of the corporation counsel, explaining in detail the reasons for the proposed changes, is also herewith transmitted. As thus amended, the Commissioners have the honor to recommend favorable action upon the measure.

Very respectfully,

Hon. J. W. BABCOCK,

HENRY B. F. MACFARLAND, President Board of Commissioners District of Columbia.

Chairman Committee on the District of Columbia, House of Representatives.