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PRINTER'S NO. 713
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
687
Session of
2019
INTRODUCED BY NEILSON, SCHLOSSBERG, McNEILL, McCLINTON, HILL-
EVANS AND CALTAGIRONE, MARCH 5, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 5, 2019
AN ACT
Providing for the protection of a temporary employee's right to
know and ensuring fairness in the job marketplace.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Temporary
Workers Employee Right-to-Know Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." A person who is employed directly through the
efforts of an employment agency to perform onsite work for an
employer for a period of one year or less that expires on a
specific date.
"Employer." An individual, company, corporation or
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partnership with which an employment agency contracts for the
furnishing of persons for temporary employment.
"Employment agency." A vendor engaged in the business of
providing the service of attempting to procure or procuring
temporary employment for prospective employees or employers,
such as placing services or labor contractor employment
agencies. The term does not include collective bargaining by
labor unions.
"Temporary worker." An employee whose employment will last
one year or less and will expire on a specific date.
Section 3. Disclosure of information to temporary workers.
(a) General rule.--Where an employment agency is seeking
applications for employees, the employment agency shall provide
to each applicant notice of all of the following:
(1) The full name, address and telephone number of all
of the following:
(i) The employment agency or the employment agent in
charge of the placement.
(ii) The employment agency's workers' compensation
carrier.
(iii) The employer.
(iv) The department.
(2) A full and complete description of the position,
including any requirement for special clothing, equipment,
training or licenses and any costs charged to the employee
for supplies or training.
(3) The hourly rate of pay, if overtime pay may be
available and the designated pay day.
(4) The daily starting time, the duration of the
position and the expected end date of the position.
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(5) Whether the employer will provide meals to the
employee and, if so, whether there will be a charge to the
employee.
(6) Details of worksite transportation, including any
fees to be charged to the employee by the employment agency
for the service.
(b) Form of notice.--An employment agency may communicate
the information required under subsection (a) via telephone or
may direct an employee to an open position notice. The
employment agency shall confirm the information in writing with
the employee prior to the end of the first pay period.
(c) Change in terms of employment.--Any change in the
initial terms of employment shall be communicated immediately to
the employee verbally and in writing with acknowledgment of the
changes by the employee.
(d) Applicability.--The provisions of this section shall not
apply to professional employees as defined in 29 U.S.C. ยง 152
(relating to definitions) or to administrative assistants whose
primary duties are defined by the Bureau of Labor Statistics of
the United States Department of Labor as consisting of one or
more of the following:
(1) appointment scheduling;
(2) maintenance, organization or creation of paper and
electronic files;
(3) provision of information to callers and visitors; or
(4) drafting or revising of correspondence.
Section 4. Duties of department.
The department shall:
(1) Conduct inspections and investigations necessary for
the enforcement of this act.
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(2) Promulgate rules and regulations necessary for the
enforcement and administration of this act.
Section 5. Prohibition of certain fees.
(a) Prohibition.--An employment agency may not charge or
accept a fee from an employee for any of the following:
(1) The registration costs or any costs associated with
the attainment of employment.
(2) Goods or services not specifically provided in the
terms of the written contract between the employment agency
and the employee and presented in a language understandable
to the employee that makes clear the purchase of the contract
is completely voluntary and provides that the employment
agency is not to make a profit from any cost charged to the
employee.
(3) The provision of any of the following in amounts
that exceed the actual cost per employee or applicant:
(i) Bank card.
(ii) Debit card.
(iii) Payroll card.
(iv) Voucher.
(v) Draft.
(vi) Money order.
(vii) Any similar form of payment or wages.
(4) Drug screening or testing.
(5) Transportation other than as provided under section
3(a)(6).
(6) Goods and services for which payment of the amount
would result in the employee earning less than the current
applicable minimum wage.
(b) Deductions.--No employment agency or employer or their
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assignee may make deductions for any fee or cost from the wages
of an employee without the express written consent of the
employee.
Section 6. Transportation.
(a) Fee limits.--If transportation services are offered to
employees by an employment agency or employer or their assignee
and a fee or charge is assigned, the fee or charge to the
employee may not exceed the actual cost of the transportation to
and from the designated worksite. Transportation service fees or
charges to employees may not exceed 3% of an employee's total
daily wages earned nor reduce an employee's daily wages to an
amount below the minimum wage earned per day.
(b) Mandatory transportation.--If an employee is required to
utilize the transportation services provided by an employment
agency or employer, no fee may be charged.
(c) Refund.--An employment agency or employer who dispatches
an employee to a job site where there is no work shall refund in
full to the employee any fee or charge withheld for
transportation to the job site.
Section 7. Prohibited actions.
An employment agency is prohibited from all of the following
actions:
(1) The purposeful and knowledgeable distribution,
issuance, circulation or provision of false, fraudulent or
misleading information, statements, notices, advertisements
or promises to any employee or applicant.
(2) The use of a name that has not been registered with
the department in the advertising or posting of its services.
(3) Placement of an employee by force, fraud or for
illegal purposes.
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(4) Placement of an employee where the employment is in
violation of the act of January 17, 1968 (P.L.11, No.5),
known as The Minimum Wage Act of 1968.
(5) Placement of an employee in any location currently
under strike or lockout without prior notification to the
employee.
(6) Refusing to return any personal property, cost or
fee charged or accepted by an employment agency in excess of
amounts allowed under this act.
Section 8. Posting of notice of rights.
An employment agency shall post in a conspicuous place in
each location where it does business notice of an employee's
rights under this act as well as the name and telephone number
of the department. The department shall provide to the
employment agency a sample notice meeting the requirements of
this section in English, as well as a translation in Spanish.
Section 9. Violations.
An employment agency or employer found to be in violation of
any provision of this act shall be subject upon conviction to a
fine not more than $25,000 or imprisonment for not more than one
year, or both, for the first offense. Subsequent violations
shall result in a fine not more than $50,000 and imprisonment
for not more than two years, or both.
Section 10. Effective date.
This act shall take effect in 60 days.
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