OAR 839-017-0180: Advertising Deemed False or Misleading

Advertising which shall be deemed false and misleading includes, but is not limited to, advertising which fails to conform to the following specifications: (1) If specific requirements not normally associated with the position advertised are required, the requirements must be indicated in the ad. (2) No salary shall appear in an ad except one which appears in the actual job order as a starting salary. Where the top of the salary range is quoted, it must be preceded by the bottom of the salary range and the word “to” or “ _____.” (3) If the position advertised is located fifty miles or more from the location of the office of the agency, the fact that it is non-local or that relocation is necessary, or the location of the place of employment shall be indicated in the listing. (4) The entire assumed business name or corporate name of the agency, without abbreviation, must appear on any sign, advertising, or promotional material used by the agency. Except in an advertisement in a section of a publication that otherwise clearly designates the advertisement as that of an employment agency, every employment agency charging or collecting a fee for services from individuals seeking or obtaining employment shall use the word “agency” or “agencies” as part of its licensed name, or after its licensed name, in type no smaller than the type employed in the body of the advertisement. (5) The word “open” or the symbol “$$$” or words and symbols of similar import may not be used as a substitute for the salary of any position or positions in an ad. (6) The symbol “+” or the word “plus” may be used in connection with a salary appearing in an ad only when it refers to an extra such as a car, bonus, commission, or lodging which is provided in addition to the given salary. Such extras must be contained in the agency’s job order for the position. The salary figure in the advertisement can only represent the amount of salary or draw indicated on the job order. (7) The word “up” may be listed with a salary appearing in an ad only when the employer has made a definite commitment to the agency to pay a higher salary for a highly qualified employee. The commitment by the employer to pay a higher salary must be contained in the agency’s job order for the position. (8) In accepting a job order from an employer, the agency should determine whether salary quoted by the employer is a “guaranteed” salary or is based on anticipated commissions and/or bonuses. If a salary advertised is based entirely or partially on a bonus and/or commission, an indication to this effect must be contained in the ad. (9) If an employment agency indicates in its letters or general advertising that members of the agency are “certified,” “registered,” or “licensed,” or uses other terms conveying special qualifications or abilities, the members of the agency must in fact be certified, registered or licensed and possess special qualifications or abilities as conveyed by the terms so used. Acronyms, initials or other such terms used to advertise special qualifications or abilities must be recognized as those which are used by the organization or government agency “certifying,” “registering,” “licensing,” or attesting to an agency member’s special qualifications or abilities. (10) If the employment agency advertises a job where the employment agency itself is the employer, the ad shall so indicate. (11) If an employment agency which handles both “fee” and “fee paid” positions, advertises a “fee paid” position, the advertisement must include the job order number of the “fee paid” position or positions. (12) Employment positions will not be advertised on the same day under two or more different job descriptions.