1Providing for the protection of a temporary employee's right to
2know and ensuring fairness in the job marketplace.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Temporary
7Workers Employee Right-to-Know Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Department." The Department of Labor and Industry of the
13Commonwealth.

14"Employee." A person who is employed directly through the
15efforts of an employment agency to perform onsite work for an
16employer for a period of one year or less that expires on a
17specific date.

1"Employer." An individual, company, corporation or
2partnership with which an employment agency contracts for the
3furnishing of persons for temporary employment.

4"Employment agency." A vendor engaged in the business of
5providing the service of attempting to procure or procuring
6temporary employment for prospective employees or employers,
7such as placing services or labor contractor employment
8agencies. This does not include collective bargaining by labor
9unions.

10"Temporary worker." An employee whose employment will last
11one year or less and will expire on a specific date.

12Section 3. Disclosure of information to temporary workers.

13(a) General rule.--Where an employment agency is seeking
14applications for employees, the employment agency shall provide
15to each applicant notice of all of the following:

16(1) The full name, address and telephone number of all
17of the following:

18(i) The employment agency or the employment agency
19agent in charge of the placement.

20(ii) The employment agency's workers compensation
21carrier.

22(iii) The employer.

23(iv) The department.

24(2) A full and complete description of the position,
25including any requirement or special clothing, equipment,
26training or licenses and any costs charged to the employee
27for supplies or training.

28(3) The hourly rate of pay, if overtime pay may be
29available and the designated pay day.

30(4) The daily starting time, the duration of the

1position and the expected end date of the position.

2(5) Whether the employment agency of employer will
3provide meals to the employee and, if so, whether there will
4be a charge to the employee.

5(6) Details of worksite transportation, including any
6fees to be charged to the employee by the employment agency
7for this service.

8(b) Form of notice.--An employment agency may communicate
9the information required under subsection (a) via telephone or
10may direct an employee to an open position notice. The
11employment agency shall confirm the information in writing with
12the employee prior to the end of the first pay period.

13(c) Change in terms of employment.--Any change in the
14initial terms of employment shall be communicated immediately to
15the employee verbally and in writing with acknowledgment of the
16changes by the employee.

17(d) Applicability.--The provisions of this section shall not
18apply to professional employees as defined in 29 U.S.C. § 152 
19(relating to definitions) or to administrative assistants whose 
20primary duties are defined by the Bureau of Labor Statistics of 
21the United States Department of Labor as consisting of one or 
22more of the following:

23(1) appointment scheduling;

24(2) maintenance, organization or creation of paper and
25electronic files;

26(3) provision of information to callers and visitors; or

27(4) the drafting or revising of correspondence.

28Section 4. Duties of department.

29The department shall:

30(1) Conduct inspections and investigations necessary to

1the enforcement of this act.

2(2) Promulgate rules and regulations necessary to the
3enforcement and administration of this act.

4Section 5. Prohibition of certain fees.

5(a) Prohibition.--An employment agency shall not charge or
6accept a fee from an employee for any of the following:

7(1) The registration costs or any costs associated with
8the attainment of employment.

9(2) Goods or services not specifically set forth in the
10terms of the written contract between the employment agency
11and the employee and presented in a language understandable
12to the employee that makes clear that the purchase of the
13contract is completely voluntary and provides that the
14employment agency is not to make a profit from any cost
15charged to the employee.

16(3) The provision of any of the following in amounts
17that exceed the actual cost per employee or applicant:

18(i) Bank card.

19(ii) Debit card.

20(iii) Payroll card.

21(iv) Voucher.

22(v) Draft.

23(vi) Money order.

24(vii) Any similar form of payment or wages.

25(4) Drug screening or testing.

26(5) Transportation other than as provided in section
273(a)(6).

28(6) Goods and services for which payment of the amount
29would result in the employee earning less than the current
30applicable minimum wage.

1(b) Deductions.--No employment agency, employer, or
2employment agency's or employer's agent or assignee may make
3deductions for any fee or cost from the wages of an employee
4without the express written consent of the employee.

5Section 6. Transportation.

6(a) Fee limits.--If transportation services are offered to
7employees by an employment agency, employer or the employment
8agency's or employer's agent or assignee and a fee or charge is
9assigned, the fee or charge to the employee may not exceed the
10actual cost of the transportation to and from the designated
11worksite. Transportation service charges or fees to employees
12may not exceed 3% of an employee's total daily wages earned nor
13reduce an employee's daily wages to an amount below the minimum
14wage earned per day.

15(b) Mandatory transportation.--If an employee is required to
16utilize the transportation services provided by an employment
17agency or employer, no fee may be charged.

18(c) Refund.--An employment agency or employer who dispatches
19an employee to a job site where there is no work shall refund in
20full to the employee any charge or fee withheld for
21transportation to the job site.

22Section 7. Prohibited actions.

23An employment agency is prohibited from all of the following
24actions:

25(1) The purposeful and knowledgeable distribution,
26issuance, circulation or provision of false, fraudulent or
27misleading information, statements, notices, advertisements
28or promises to any employee or applicant.

29(2) The use of a name that has not been registered with
30the department in the advertising or posting of its services.

1(3) Placement of an employee by force, fraud or for
2illegal purposes.

3(4) Placement of an employee where the employment is in
4violation of the act of January 17, 1968 (P.L.11, No.5),
5known as The Minimum Wage Act of 1968, as they apply to
6minimum wage, prevailing wage, child labor, compulsory school
7attendance or required licensing and certification.

8(5) Placement of an employee in any location currently
9under strike or lockout without prior notification to
10employee.

11(6) Refusing to return any personal property, cost or
12fee charged or accepted by an employment agency in excess of
13amounts allowed under this act.

14Section 8. Posting of notice of rights.

15The employment agency shall be required to post in a
16conspicuous place in each location where it does business notice
17of an employee's rights under this act as well as the name and
18telephone number of the department. The department shall provide
19to the employment agency a sample notice meeting the
20requirements of this section in English, as well as a
21translation in Spanish.

22Section 9. Violations.

23An employment agency or employer found to be in violation of
24any provision of this act shall be subject upon conviction to a
25fine of not greater than $25,000 or imprisonment for not more
26than one year, or both, for the first offense. Subsequent
27violations will result in a fine of not greater than $50,000 and
28imprisonment for not more than two years, or both.

29Section 10. Effective date.

30This act shall take effect in 60 days.