Does a recruiting platform count as an employment agency?
The label alone does not answer it. EEOC guidance discusses agencies that regularly refer employees, while the actual service and workflow determine how that guidance applies.[1]
Document whether you accept job orders, screen or rank candidates, make referrals, charge for placement, or employ and supervise workers. Note what clients control and what your product decides.[1]
Use that workflow with counsel and the broker. Ask the broker to name each service and entity in the application and confirm how the proposal treats referral, screening, and placement allegations.[3][1]
Read the Job and Career Services Insurance Buying Guide
Sources and Further Reading
- Coverage of Employment Agencies — U.S. Equal Employment Opportunity Commission. Agency referral prohibitions and deciding coverage, lines 14–19
EEOC guidance on employment-agency coverage and referral practices.
- Employer information — California Department of Industrial Relations, Division of Workers’ Compensation. Opening section: California employer rule and out-of-state employer paragraph
Employer information; use for the scoped operational question described in the cited guidance.
- Commercial Insurance Guide — California Department of Insurance. Commercial Insurance Guide, revised June 14, 2024: purchasing coverage, commercial property, inland marine, boiler and machinery, commercial general liability, and workers compensation.
Spot, a product of Tools for Enlightenment, publishes this guide and works in the commercial insurance market. This is general buyer education; policy terms and state-specific obligations determine coverage and requirements.
Updated 2026-09-28. Editorial Policy
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