CHAPTER 323

An Act to amend and reenact § 58-384 of the Code of Virginia, relating to
licenses for labor and emigrant agents, and providing penalties for
violations. | :

(S 243]
Be it enacted by the General Assembly of Virginia:
ba That § 58-384 of the Code of Virginia be amended and reenacted as

ollows:

§ 58-384. Any person who solicits, hires or contracts with laborers,
male or female, to be employed by persons other than himself and every
agent of such person, except as provided in the next following paragraph,
shall be deemed to be a labor agent. Every person who shall without
a license conduct business as a labor agent shall pay a fine of not less than
one hundred dollars nor more than five hundred dollars.

Every person who engages in the business of a labor agent shall pay
annually five hundred dollars for the purpose of transacting the business,
except that every person who engages in the business of an “emigrant
agent” in this State shall pay annually five thousand dollars for the
privilege of transacting such business in each county or city in which he
operates or solicits laborers or emigrants to be employed beyond the
limits of this State.

The term “emigrant agent”, contemplated in this section, shall be
construed to mean any person engaged in hiring laborers or soliciting
emigrants in this State to be employed beyond the limits of this State.
Any person doing the business of an emigrant agent, without having first
obtained such license, shall be guilty of a misdemeanor and upon con-
victien shall be punished by a fine of not less than one hundred dollars
and not more than five thousand dollars, or may be imprisoned in jail not
less than one month nor more than twelve months for each and every
offense, in the discretion of the court or jury before whom the case is
heard. Such emigrant agent shall also be subject to the other laws of
this State referring to labor agencies except that he shall not be required
to pay any other license than the license above prescribed; provided that
this section shall not apply to Virginia contractors temporarily engaged on
contracts in other states when themselves employing labor for their own
work.

Before any such license shall be issued, the applicant shall produce
a certificate from the corporation court of the city or the circuit court of
the county in which such labor agent proposes to have his office, or of
the county in which he proposes to do business, that to the personal
knowledge of the judge of such court or from the information of credible
witnesses under oath before such court the court is satisfied that the appli-
cant is a person of good character and honest demeanor. This section shall
not apply to representatives of labor organizations within the State when,
because of need of employment, they may direct their members to em-
ployment in other states; nor shall it apply to employment agencies licensed
under the provisions of chapter 2 of Title 40 of the Code of Virginia.

A person employing individuals to render part-time or temporary per-
sonal services to, for or under the direction of a third person is not a labor
agent or an “emigrant agent’”’ within the meaning of this section if the
person employing the individuals, in addition to wages or salaries, pays
federal social security taxes, state and federal unemployment insurance,
carries workmen’s compensation insurance as required by state law, and
sustains responsibility for the acts of his employees while rendering serv-
ices to, for or under the direction of a third person.

Every license issued under this section shall expire on the thirty first
day of December of each year. No license issued under this section shall
be prorated.