Sec. 3. Protections for temporary workers
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/bill/116/hr/7638/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not less than 48 hours before the date on which such temporary worker begins a temporary work assignment for a host employer on behalf of the temporary staffing agency, a temporary staffing agency shall provide notice in, the temporary worker’s primary language, in accordance with paragraph
(2)to a temporary worker. Notice under paragraph
(1)shall include— a description of the temporary work assignment to be performed by the temporary worker; the work hours and rate of wages for such assignment; the name, worksite address, and contact information of the host employer; any requirements unique to the temporary work assignment that the temporary worker will have to meet to perform the assignment, including required clothing, equipment, training, or licensing; any fees or charges to workers that may be deducted from the pay of such temporary worker including for transportation, meals, check cashing, clothing, tools, or safety equipment; and the rate at which the temporary staffing agency charges the host employer for the labor or services of such temporary worker. Not later than the date on which a temporary staffing agency pays a temporary worker, the temporary staffing agency shall provide such temporary worker a statement of wages in accordance with paragraph (2). A statement of wages under paragraph
(1)shall include, with respect to the work for which the temporary staffing agency is paying the temporary worker— an itemized statement of wages, including the wage rate and the number of hours worked for each host employer, and each deduction from such wages and the reason for such deduction; and the hourly rate at which each host employer pays the temporary staffing agency for the labor or services of such temporary worker. A temporary staffing agency may not require a temporary worker to pay for a drug test or background check that is required for the performance of a temporary work assignment or deduct the cost of such drug test or background check from the pay of such temporary worker and affording the temporary worker the opportunity to decline such assignment. A temporary staffing agency shall pay a temporary laborer, with respect to a temporary labor assignment at a wage rate that is equal to the contracted hourly wage rate for the temporary labor assignment for the time during which the temporary laborer is required to commute between— the temporary staffing agency and the work site of the host employer; and work sites of one or more host employers. No temporary staffing agency may assign a temporary worker a temporary work assignment with a host employer whose employees are, on the date of assignment, engaged in a strike, a lockout, or other work stoppage of any kind without notifying the temporary work of this fact and affording the temporary worker the opportunity to decline such assignment. Any temporary staffing agency who violates this section shall be liable to any temporary worker for damages equal to the sum of— lost wages of the temporary worker; liquidated damages, equal to the amount that is 2 times the amount described in paragraph (1); and an amount equal to— $100 for each of the first 10 violations of this section with respect to an temporary worker; and $250 for each such violation thereafter.