---
title: "Does a recruiting platform count as an employment agency?"
description: "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."
canonical: "https://spot.insure/industries/job-and-career-services/does-a-platform-count-as-an-employment-agency"
page-type: "industry-faq"
updated-at: "2026-09-28"
---

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# 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. [Coverage of Employment Agencies](https://www.eeoc.gov/coverage-employment-agencies)

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. [Coverage of Employment Agencies](https://www.eeoc.gov/coverage-employment-agencies)

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. [Commercial Insurance Guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/09-comm/commercialguide.cfm), [Coverage of Employment Agencies](https://www.eeoc.gov/coverage-employment-agencies)

## Need Help Choosing Coverage?

Spot prepares your applications, coordinates with brokers, and helps you compare quotes so you can choose coverage with the key details in front of you.

[Book a Free Consultation](https://cal.com/team/spotinsure/insurance-consultation)

[Read the Job and Career Services Insurance Buying Guide](https://spot.insure/industries/job-and-career-services)

## More Job and Career Services Questions

- [What should I prepare for a workers compensation quote?](https://spot.insure/industries/job-and-career-services/what-to-report-for-workers-compensation-quote)

## Coverage to Discuss

- [Professional errors and omissions (E&O)](https://spot.insure/coverage/professional-errors-omissions)
- [Cyber liability](https://spot.insure/coverage/cyber)
- [Workers’ compensation](https://spot.insure/coverage/workers-compensation)
- [General liability](https://spot.insure/coverage/general-liability)
- [Technology errors and omissions (E&O)](https://spot.insure/coverage/technology-errors-omissions)

## Sources and Further Reading

- [Coverage of Employment Agencies](https://www.eeoc.gov/coverage-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](https://www.dir.ca.gov/dwc/employer.htm) — 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](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/09-comm/commercialguide.cfm) — 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](https://spot.insure/editorial-policy).

## Agent and Developer Resources

- [Markdown page](https://spot.insure/industries/job-and-career-services/does-a-platform-count-as-an-employment-agency.md)
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- [Public page index](https://spot.insure/llms.txt)