Restoring Worker Power Act of 2020
This bill establishes various requirements related to temporary workers, including providing such workers with (1) wages that are not less than those of permanent employees performing substantially similar work, (2) descriptions of work assignments, and (3) itemized statements of wages.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7638 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7638
To establish certain employment protections for temporary workers, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2020
Mr. Kennedy (for himself and Mr. Cleaver) introduced the following
bill; which was referred to the Committee on Education and Labor, and
in addition to the Committees on House Administration, Oversight and
Reform, the Judiciary, Veterans' Affairs, Armed Services, Energy and
Commerce, and Natural Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish certain employment protections for temporary workers, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Worker Power Act of
2020''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Conversion fee.--The term ``conversion fee'' means a
fee charged by a temporary staffing agency to a host employer
for hiring or directly employing a temporary worker for whom a
contract for work was effected by the temporary agency.
(2) Host employer.--The term ``host employer'' means any
person that contracts with a temporary staffing agency to
obtain temporary workers.
(3) Non-competition agreement.--The term ``non-competition
agreement'' means an agreement between an employer and an
employee or temporary worker or otherwise arising out of an
existing or anticipated employment relationship under which the
employee, temporary worker, or expected employee agrees that he
or she will not engage in certain specified activities that are
competitive with such employer during employment relationship
or after the employment relationship has ended.
(4) Predispute arbitration agreement.--The term
``predispute arbitration agreement'' means any agreement to
arbitrate a dispute that had not yet arisen at the time of the
making of the agreement.
(5) Same or substantially similar work.--The term ``same or
substantially similar work'', used to compare the work of one
individual to the work of another individual, means that the
work of each individual--
(A) requires equivalent skill, effort,
responsibility, and authority; and
(B) is performed in similar conditions.
(6) Temporary staffing agency.--The term ``temporary
staffing agency'' means any entity engaged in supplying
temporary workers to perform work, for a fee, for a host
employer pursuant to an agreement between the staffing agency
and the host employer.
(7) Temporary work assignment.--The term ``temporary work
assignment'' means work arranged by a temporary staffing agency
for the benefit of a host employer and performed by a temporary
worker.
(8) Temporary worker.--The term ``temporary worker'' means
any individual supplied by a temporary staffing agency to
perform work for one or more host employers for any amount of
time, regardless of whether such individual is an employee or
independent contractor with respect to such temporary staffing
agency.
SEC. 3. PROTECTIONS FOR TEMPORARY WORKERS.
(a) Notice of Work To Be Performed.--
(1) In general.--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.
(2) Notice.--Notice under paragraph (1) shall include--
(A) a description of the temporary work assignment
to be performed by the temporary worker;
(B) the work hours and rate of wages for such
assignment;
(C) the name, worksite address, and contact
information of the host employer;
(D) 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;
(E) 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
(F) the rate at which the temporary staffing agency
charges the host employer for the labor or services of
such temporary worker.
(b) Paycheck Transparency.--
(1) In general.--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).
(2) Statement of wages.--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--
(A) 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
(B) the hourly rate at which each host employer
pays the temporary staffing agency for the labor or
services of such temporary worker.
(c) Drug Testing and Background Checks.--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.
(d) Travel Time.--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--
(1) the temporary staffing agency and the work site of the
host employer; and
(2) work sites of one or more host employers.
(e) Right To Refuse Strikebreaking Assignments.--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.
(f) Liability.--Any temporary staffing agency who violates this
section shall be liable to any temporary worker for damages equal to
the sum of--
(1) lost wages of the temporary worker;
(2) liquidated damages, equal to the amount that is 2 times
the amount described in paragraph (1); and
(3) an amount equal to--
(A) $100 for each of the first 10 violations of
this section with respect to an temporary worker; and
(B) $250 for each such violation thereafter.
SEC. 4. EQUAL PAY FOR EQUAL WORK.
(a) Equal Pay.--A temporary staff agency or host employer,
whichever is responsible for payment of the temporary worker, shall pay
the temporary worker at a rate that is not less than the same average
starting wage rate of a permanent employee of the host employer who
performs the same or substantially similar work as the temporary
worker.
(b) Prohibition.--No temporary staffing agency or host employer may
lower the wage of any individual in order to comply with this section.
(c) Penalty.--Any temporary staffing agency that violates this
section with respect to a temporary worker shall be liable to such
temporary worker for an amount equal to the sum of--
(1) the amount that equal to the difference between--
(A) the amount that such temporary worker was
entitled to under subsection (a) during the period with
respect to which the violation occurred; and
(B) the amount that such temporary worker was paid
for such period; and
(2)(A) $100 for the first 10 violations of this section
with respect to such temporary worker; or
(B) $250 for each such violation thereafter.
(d) Communication Requirement.--The temporary staffing agency and
host employer shall communicate as necessary in order to implement this
section.
SEC. 5. PROHIBITION ON FORCED ARBITRATION.
Notwithstanding any provision of title 9 of the United States Code,
no predispute arbitration agreement shall be valid or enforceable with
respect to an employment dispute between a temporary worker and a
temporary staffing agency or a host employer.
SEC. 6. SAFETY AND HEALTH PROVISIONS.
(a) Training; Documentation; Hazard Analysis.--Not later than 24
hours before the date on which a temporary worker begins a temporary
work assignment for a host employer on behalf of a temporary staffing
agency, the temporary staffing agency shall provide--
(1) to the temporary worker--
(A) general safety training and training with
respect to the job-specific hazards based upon the job
hazards analysis under subparagraph (B)(ii) if such
agency possesses or should possess such expertise;
(B) a document, signed by the temporary staffing
agency and the host employer, containing--
(i) description of the safety and health
responsibilities of each the temporary staffing
agency and the host employer, with respect to
protecting the safety and health of the
temporary worker, including--
(I) the party responsible for
providing and maintaining protective
equipment;
(II) the process by which the
temporary worker should report an
injury;
(III) the party responsible for
providing first aid and medical
treatment to injured workers; and
(IV) the name, address, and phone
number of the workers' compensation
insurance carrier that provides
coverage to the temporary worker; and
(ii) the results of a job hazard analysis,
conducted by the host employer;
(2) to the host employer a document containing a
description of the training and competencies of the temporary
worker that are related to the temporary work assignment.
(b) Responsibilities of Host Employers.--Each host employer shall
do the following:
(1) Not later than 48 hours before a temporary worker
begins a temporary work assignment with the host employer,
perform a job hazard analysis for each job that the temporary
worker may foreseeably perform which shall include a review
of--
(A) all foreseeable hazards to the temporary
worker;
(B) the safety equipment required to prevent injury
or illness;
(C) the training required to prevent injury or
illness; and
(D) the results of the job hazard analysis under
subsection (b)(1).
(2) Not later than 48 hours after a temporary worker begins
a temporary work assignment for the host employer, provide the
same mandatory training health and safety training to temporary
workers as an employee of the host employer performing the same
or substantially similar work.
(3) Include temporary workers in all health and safety
meetings, evaluations, and distributions for information
pertaining to health and safety as made available to employees
of the employer during the period of the temporary work
assignment.
(4) Inform the temporary staffing agency of any job-related
injuries or illnesses sustained by the temporary worker not
later than 24 hours after such injury or illness is made known
to the host employer.
SEC. 7. PERMANENT WORK OPPORTUNITIES.
(a) Prohibition on Non-Compete Agreements.--No temporary staffing
agency shall enter into, enforce, or threaten to enforce a non-
competition agreement for a temporary worker with a temporary worker or
any third party that limits the temporary worker's ability to seek
other job opportunities.
(b) Prohibition on Conversion Fees.--No temporary staffing agency
may charge a conversion fee with respect to a temporary worker if such
temporary worker, before being hired by the host employer, worked for
such host employer for a period of 60 days or more.
SEC. 8. TEMPORARY STAFFING AGENCY RECORDKEEPING.
(a) In General.--Upon assigning a temporary worker to a host
employer for a temporary work assignment, a temporary staffing agency
shall keep the following records relating to such assignment:
(1) Host employer information.--
(A) The name, address, and telephone number of the
host employer.
(B) The specific location of each worksite to which
the temporary workers were sent.
(C) The date of the transaction.
(D) The name and title of the individual or
individuals at each host employer's place of business
responsible for the transaction.
(E) Any specific qualifications or attributes of
the temporary worker, requested by the host employer.
(F) Any deductions to be made from each temporary
worker's compensation made by the temporary staffing
agency for the temporary worker's transportation, food,
clothing, equipment, check cashing, or other service or
item
(G) Verification of the actual cost of any
equipment, transportation or meal charged to a day or
temporary worker.
(2) Assignment information.--
(A) The race and gender of each temporary worker
assigned by the temporary staffing agency, as provided
by the temporary worker.
(B) The type of work to be performed.
(C) The number of hours to be billed to the host
employer.
(D) The number of hours to be worked.
(E) The hourly rate to be billed or charged to the
host employer.
(F) Any specific qualifications or attributes of
the temporary worker, requested by the host employer.
(G) Copies of all agreements and contracts covering
this assignment, if any, between the temporary staffing
agency and the host employer, and copies of all
invoices sent to the host employer.
(H) Copies of all employment notices or
advertisements used in connection with this job order
or assignment.
(I) Any deductions to be made from each temporary
worker's compensation made by the temporary staffing
agency for the temporary worker's transportation, food,
clothing, equipment, check cashing, or other service or
item.
(3) Applicant information.--
(A) Information on all individuals who applied for
the assignment, including their race, ethnicity, and
gender.
(B) Information on when the job was filled.
(C) With respect to any temporary worker assigned
to the temporary work assignment, the following:
(i) The temporary worker's name and
address.
(ii) The date assigned to work.
(iii) The hourly rate to be paid.
(iv) The race and gender of each temporary
worker assigned by the temporary staffing
agency, as provided by the temporary worker.
(v) When, and under what circumstances
termination occurred.
(vi) The date on which the temporary work
assignment began.
(b) Requirements.--Each temporary staffing agency shall maintain,
and make open for inspection by the Secretary of Labor and the Equal
Employment Opportunity Commission, and (after removing personally
identifiable information) make available for review to temporary worker
applicants, all records under this subsection for a period of 3 years
beginning on the date on which such records are created.
SEC. 9. AGENCY REGISTRATION.
(a) Temporary Staffing Agency Responsibilities.--
(1) In general.--Each temporary staffing agency and branch
office shall register with the Secretary of Labor in accordance
with the rules adopted by the Secretary for temporary staffing
agencies annually.
(2) Reporting.--Not less than once every 6 months, a
temporary staffing agency shall submit a report to the
Secretary containing, with respect to temporary workers
employed by the temporary staffing agency during the reporting
period, the following information:
(A) The number who are on a temporary work
assignment.
(B) The percentage who have been injured on a
temporary work assignment.
(C) The percentage who worked on a temporary
assignment for not less than 60 days.
(D) The percentage who became employees of the host
employer after working on a temporary work assignment
for such host employer.
(E) Information regarding any violations of title
VII of the Civil Rights Act of 1964 (25 U.S.C. 1326 et
seq.) by the temporary staffing agency, including
information regarding the host employer who made a
request for the hire of temporary workers in violation
of such title. Such information shall not contain any
personally identifiable information with respect to an
affected temporary worker, including the name, address,
or phone number of such temporary workers.
(3) Publication.--The Secretary shall make publicly
available on the internet website of the Department a list of
the temporary staffing agencies that have registered under this
section.
(4) Registration fee.--The Secretary may assess each
temporary staffing agency a registration fee not to exceed
$100.
(5) Termination of registration.--The Secretary may
suspend, deny, or terminate the registration of a temporary
staffing agency under this section due to repeated violations
of title VII of the Civil Rights Act of 1964 (25 U.S.C. 1326 et
seq.) during the hiring or recruiting of temporary workers.
(b) Host Employer Responsibilities.--
(1) Verification of registration.--A host employer, upon
contracting for a temporary work assignment with a temporary
staffing agency, shall verify that the temporary staffing
agency is registered with the Department of Labor before
entering into a contract with such temporary staffing agency,
and not less than once during each calendar year for which a
host employer has a contract with such temporary staffing
agency. The host employer may request, and the Secretary shall
provide, a list of registered temporary staffing agencies.
(2) Penalty.--
(A) Host employer.--A host employer that contracts
with a temporary staffing agency that is not registered
is subject to a civil penalty of not more than the
lesser of--
(i) $100 for each business day such host
employer is are under contract with an
unregistered temporary staffing agency; or
(ii) $5,000.
(B) Temporary staffing agency.--A temporary
staffing agency that violates this section is subject
to a civil penalty of not more than the lesser of--
(i) $100 for each day such agency operates
without registering under this section; or
(ii) $5,000.
SEC. 10. PENALTIES AND ENFORCEMENT.
(a) Regulatory Authority.--Secretary of Labor is authorized to
issue regulations to ensure compliance with this Act.
(b) Civil Penalties.--Any temporary staffing agency or host
employer who violates section 6 or 7 shall be imposed a civil fine not
to exceed $1,500 per violation for each week the temporary staffing
agency or host employer is in violation.
(c) Relief.--A temporary worker shall be entitled to wages, salary,
employment benefits, or other compensation denied or lost due to a
violation of any provision under this Act, or reinstatement if
terminated in violation of subsection (g). Days during which such
worker would have worked if such had not been wrongfully suspended or
terminated in violation of subsection (g) shall count towards the
numbers of days worked by such temporary worker for the purposes of
section 7(b).
(d) Right of Action.--An action to recover the damages or equitable
relief under this Act may be maintained against any employer (including
a public agency) in any Federal or State court of competent
jurisdiction by any one or more temporary workers for and in behalf
of--
(1) the temporary workers; or
(2) the temporary workers and other temporary workers
similarly situated.
(e) Fees and Costs.--The court in such an action shall, in addition
to any judgment awarded to the plaintiff, allow a reasonable attorney's
fee, reasonable expert witness fees, and other costs of the action to
be paid by the defendant.
(f) Limitations.--The right provided by subsection (d) to bring an
action by or on behalf of any temporary worker shall terminate on the
filing of a complaint by the Secretary in an action under subsection
(b) in which a recovery is sought of the damages described in
subsection (c) owing to a temporary worker by an employer, unless the
action is dismissed without prejudice on motion of the Secretary.
(g) Retaliation for Certain Conduct.--
(1) In general.--No temporary staffing agency or host
employer may take adverse action against a temporary worker
for--
(A) making a complaint regarding a violation of any
provision under this Act or the amendments made by this
Act;
(B) causing to be instituted any proceeding under
or related to this Act;
(C) testifying or preparing to testify in an
investigation or proceeding under this Act; or
(D) refusing an assignment pursuant to section
3(e).
(2) Presumption.--The termination or adverse action by a
temporary staffing agency against a temporary worker within 30
days of an individual claiming a protection under this Act or
reporting a violation under this section shall create a
presumption of a violation of the prohibitions in paragraph (1)
in any proceeding brought against the temporary staffing agency
or host employer under this Act.
SEC. 11. COVID-19 PAID SICK LEAVE.
(a) Family and Medical Leave Act of 1993.--Section 110(a)(1)(B) of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2620(a)(1)(B)) is
amended--
(1) by striking ``Section 101(4)(A)(i)'' and inserting
``(i) Section 101(4)(A)(i)''; and
(2) by inserting at the end the following:
``(ii) The 500-employee threshold under
section 101(4)(A)(i) shall not apply with
respect to a temporary staffing agency (as
defined in the Restoring Worker Power Act of
2020).''.
(b) Emergency Paid Sick Leave Act.--Section 5110(2)(B)(i) of the
Families First Coronavirus Response Act (29 U.S.C. 2601 note) is
amended--
(1) in item (aa)--
(A) by inserting ``subject to item (bb)'' before
``in the case''; and
(B) by striking ``and'' after the semicolon; and
(2) in item (bb), by inserting ``, a temporary staffing
agency (as defined in section the Restoring Worker Power Act of
2020),'' after ``public agency''.
SEC. 12. GAO STUDY.
(a) Study.--Not later than 10 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress the results of a study on the use of temporary
and staffing agencies by the entities described in subsection (b),
including a description of--
(1) the change in spending by such entities on temporary
workers from fiscal year 2009 to fiscal year 2019;
(2) the total number of temporary workers at each agency,
and their total hours worked;
(3) the type of services or care delivered by temporary
workers; and
(4) the effect of such rates on--
(A) quality of service or care and the efficiency
of such agency; and
(B) the wages and benefits received by temporary
workers in comparison to the cost of their employment
and in comparison to directly hired employees
performing the same or similar work, and the rates of
injury and illness of employees and of temporary
workers at such agencies.
(b) Covered Entities.--The entities described in this subsection
are the following:
(1) The Department of Veterans Affairs
(2) The Indian Health Service.
(3) The Department of Defense.
(4) The Bureau of Prisons.
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Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, the Judiciary, Veterans' Affairs, Armed Services, Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, the Judiciary, Veterans' Affairs, Armed Services, Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, the Judiciary, Veterans' Affairs, Armed Services, Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, the Judiciary, Veterans' Affairs, Armed Services, Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, the Judiciary, Veterans' Affairs, Armed Services, Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, the Judiciary, Veterans' Affairs, Armed Services, Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, the Judiciary, Veterans' Affairs, Armed Services, Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, the Judiciary, Veterans' Affairs, Armed Services, Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Referred to the Subcommittee on Oversight and Investigations.