I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoring Worker 

5 Power Act of 2020’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions apply: 


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1 (1) CONVERSION FEE.—The term ‘‘conversion 

2 fee’’ means a fee charged by a temporary staffing 

3 agency to a host employer for hiring or directly em4 ploying a temporary worker for whom a contract for 

5 work was effected by the temporary agency. 

6 (2) HOST EMPLOYER.—The term ‘‘host em7 ployer’’ means any person that contracts with a tem8 porary staffing agency to obtain temporary workers. 

9 (3) NON-COMPETITION AGREEMENT.—The term 

10 ‘‘non-competition agreement’’ means an agreement 

11 between an employer and an employee or temporary 

12 worker or otherwise arising out of an existing or an13 ticipated employment relationship under which the 

14 employee, temporary worker, or expected employee 

15 agrees that he or she will not engage in certain spec16 ified activities that are competitive with such em17 ployer during employment relationship or after the 

18 employment relationship has ended. 

19 (4) PREDISPUTE ARBITRATION AGREEMENT.— 

20 The term ‘‘predispute arbitration agreement’’ means 

21 any agreement to arbitrate a dispute that had not 

22 yet arisen at the time of the making of the agree23 ment. 

24 (5) SAME OR SUBSTANTIALLY SIMILAR WORK.— 

25 The term ‘‘same or substantially similar work’’, used 


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1 to compare the work of one individual to the work 

2 of another individual, means that the work of each 

3 individual— 

4 (A) requires equivalent skill, effort, respon5 sibility, and authority; and 

6 (B) is performed in similar conditions. 

7 (6) TEMPORARY STAFFING AGENCY.—The term 

8 ‘‘temporary staffing agency’’ means any entity en9 gaged in supplying temporary workers to perform 

10 work, for a fee, for a host employer pursuant to an 

11 agreement between the staffing agency and the host 

12 employer. 

13 (7) TEMPORARY WORK ASSIGNMENT.—The 

14 term ‘‘temporary work assignment’’ means work ar15 ranged by a temporary staffing agency for the ben16 efit of a host employer and performed by a tem17 porary worker. 

18 (8) TEMPORARY WORKER.—The term ‘‘tem19 porary worker’’ means any individual supplied by a 

20 temporary staffing agency to perform work for one 

21 or more host employers for any amount of time, re22 gardless of whether such individual is an employee 

23 or independent contractor with respect to such tem24 porary staffing agency. 


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1 SEC. 3. PROTECTIONS FOR TEMPORARY WORKERS. 

2 (a) NOTICE OF WORK TO BE PERFORMED.— 

3 (1) IN GENERAL.—Not less than 48 hours be4 fore the date on which such temporary worker be5 gins a temporary work assignment for a host em6 ployer on behalf of the temporary staffing agency, a 

7 temporary staffing agency shall provide notice in, 

8 the temporary worker’s primary language, in accord9 ance with paragraph (2) to a temporary worker. 

10 (2) NOTICE.—Notice under paragraph (1) shall 

11 include— 

12 (A) a description of the temporary work 

13 assignment to be performed by the temporary 

14 worker; 

15 (B) the work hours and rate of wages for 

16 such assignment; 

17 (C) the name, worksite address, and con18 tact information of the host employer; 

19 (D) any requirements unique to the tem20 porary work assignment that the temporary 

21 worker will have to meet to perform the assign22 ment, including required clothing, equipment, 

23 training, or licensing; 

24 (E) any fees or charges to workers that 

25 may be deducted from the pay of such tem26 porary worker including for transportation, 


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1 meals, check cashing, clothing, tools, or safety 

2 equipment; and 

3 (F) the rate at which the temporary staff4 ing agency charges the host employer for the 

5 labor or services of such temporary worker. 

6 (b) PAYCHECK TRANSPARENCY.— 

7 (1) IN GENERAL.—Not later than the date on 

8 which a temporary staffing agency pays a temporary 

9 worker, the temporary staffing agency shall provide 

10 such temporary worker a statement of wages in ac11 cordance with paragraph (2). 

12 (2) STATEMENT OF WAGES.—A statement of 

13 wages under paragraph (1) shall include, with re14 spect to the work for which the temporary staffing 

15 agency is paying the temporary worker— 

16 (A) an itemized statement of wages, in17 cluding the wage rate and the number of hours 

18 worked for each host employer, and each deduc19 tion from such wages and the reason for such 

20 deduction; and 

21 (B) the hourly rate at which each host em22 ployer pays the temporary staffing agency for 

23 the labor or services of such temporary worker. 

24 (c) DRUG TESTING AND BACKGROUND CHECKS.—A 

25 temporary staffing agency may not require a temporary 


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1 worker to pay for a drug test or background check that 

2 is required for the performance of a temporary work as3 signment or deduct the cost of such drug test or back4 ground check from the pay of such temporary worker and 

5 affording the temporary worker the opportunity to decline 

6 such assignment. 

7 (d) TRAVEL TIME.—A temporary staffing agency 

8 shall pay a temporary laborer, with respect to a temporary 

9 labor assignment at a wage rate that is equal to the con10 tracted hourly wage rate for the temporary labor assign11 ment for the time during which the temporary laborer is 

12 required to commute between— 

13 (1) the temporary staffing agency and the work 

14 site of the host employer; and 

15 (2) work sites of one or more host employers. 

16 (e) RIGHT TO REFUSE STRIKEBREAKING ASSIGN17 MENTS.—No temporary staffing agency may assign a tem18 porary worker a temporary work assignment with a host 

19 employer whose employees are, on the date of assignment, 

20 engaged in a strike, a lockout, or other work stoppage of 

21 any kind without notifying the temporary work of this fact 

22 and affording the temporary worker the opportunity to de23 cline such assignment. 


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1 (f) LIABILITY.—Any temporary staffing agency who 

2 violates this section shall be liable to any temporary work3 er for damages equal to the sum of— 

4 (1) lost wages of the temporary worker; 

5 (2) liquidated damages, equal to the amount 

6 that is 2 times the amount described in paragraph 

7 (1); and 

8 (3) an amount equal to— 

9 (A) $100 for each of the first 10 violations 

10 of this section with respect to an temporary 

11 worker; and 

12 (B) $250 for each such violation there13 after. 

14 SEC. 4. EQUAL PAY FOR EQUAL WORK. 

15 (a) EQUAL PAY.—A temporary staff agency or host 

16 employer, whichever is responsible for payment of the tem17 porary worker, shall pay the temporary worker at a rate 

18 that is not less than the same average starting wage rate 

19 of a permanent employee of the host employer who per20 forms the same or substantially similar work as the tem21 porary worker. 

22 (b) PROHIBITION.—No temporary staffing agency or 

23 host employer may lower the wage of any individual in 

24 order to comply with this section. 


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1 (c) PENALTY.—Any temporary staffing agency that 

2 violates this section with respect to a temporary worker 

3 shall be liable to such temporary worker for an amount 

4 equal to the sum of— 

5 (1) the amount that equal to the difference be6 tween— 

7 (A) the amount that such temporary work8 er was entitled to under subsection (a) during 

9 the period with respect to which the violation 

10 occurred; and 

11 (B) the amount that such temporary work12 er was paid for such period; and 

13 (2)(A) $100 for the first 10 violations of this 

14 section with respect to such temporary worker; or 

15 (B) $250 for each such violation thereafter. 

16 (d) COMMUNICATION REQUIREMENT.—The tem17 porary staffing agency and host employer shall commu18 nicate as necessary in order to implement this section. 

19 SEC. 5. PROHIBITION ON FORCED ARBITRATION. 

20 Notwithstanding any provision of title 9 of the United 

21 States Code, no predispute arbitration agreement shall be 

22 valid or enforceable with respect to an employment dispute 

23 between a temporary worker and a temporary staffing 

24 agency or a host employer. 


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1 SEC. 6. SAFETY AND HEALTH PROVISIONS. 

2 (a) TRAINING; DOCUMENTATION; HAZARD ANAL3 YSIS.—Not later than 24 hours before the date on which 

4 a temporary worker begins a temporary work assignment 

5 for a host employer on behalf of a temporary staffing 

6 agency, the temporary staffing agency shall provide— 

7 (1) to the temporary worker— 

8 (A) general safety training and training 

9 with respect to the job-specific hazards based 

10 upon the job hazards analysis under subpara11 graph (B)(ii) if such agency possesses or should 

12 possess such expertise; 

13 (B) a document, signed by the temporary 

14 staffing agency and the host employer, con15 taining— 

16 (i) description of the safety and health 

17 responsibilities of each the temporary staff18 ing agency and the host employer, with re19 spect to protecting the safety and health of 

20 the temporary worker, including— 

21 (I) the party responsible for pro22 viding and maintaining protective 

23 equipment; 

24 (II) the process by which the 

25 temporary worker should report an in26 jury; 


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1 (III) the party responsible for 

2 providing first aid and medical treat3 ment to injured workers; and 

4 (IV) the name, address, and 

5 phone number of the workers’ com6 pensation insurance carrier that pro7 vides coverage to the temporary work8 er; and 

9 (ii) the results of a job hazard anal10 ysis, conducted by the host employer; 

11 (2) to the host employer a document containing 

12 a description of the training and competencies of the 

13 temporary worker that are related to the temporary 

14 work assignment. 

15 (b) RESPONSIBILITIES OF HOST EMPLOYERS.—Each 

16 host employer shall do the following: 

17 (1) Not later than 48 hours before a temporary 

18 worker begins a temporary work assignment with 

19 the host employer, perform a job hazard analysis for 

20 each job that the temporary worker may foreseeably 

21 perform which shall include a review of— 

22 (A) all foreseeable hazards to the tem23 porary worker; 

24 (B) the safety equipment required to pre25 vent injury or illness; 


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1 (C) the training required to prevent injury 

2 or illness; and 

3 (D) the results of the job hazard analysis 

4 under subsection (b)(1). 

5 (2) Not later than 48 hours after a temporary 

6 worker begins a temporary work assignment for the 

7 host employer, provide the same mandatory training 

8 health and safety training to temporary workers as 

9 an employee of the host employer performing the 

10 same or substantially similar work. 

11 (3) Include temporary workers in all health and 

12 safety meetings, evaluations, and distributions for 

13 information pertaining to health and safety as made 

14 available to employees of the employer during the 

15 period of the temporary work assignment. 

16 (4) Inform the temporary staffing agency of 

17 any job-related injuries or illnesses sustained by the 

18 temporary worker not later than 24 hours after such 

19 injury or illness is made known to the host employer. 

20 SEC. 7. PERMANENT WORK OPPORTUNITIES. 

21 (a) PROHIBITION ON NON-COMPETE AGREE22 MENTS.—No temporary staffing agency shall enter into, 

23 enforce, or threaten to enforce a non-competition agree24 ment for a temporary worker with a temporary worker or 


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1 any third party that limits the temporary worker’s ability 

2 to seek other job opportunities. 

3 (b) PROHIBITION ON CONVERSION FEES.—No tem4 porary staffing agency may charge a conversion fee with 

5 respect to a temporary worker if such temporary worker, 

6 before being hired by the host employer, worked for such 

7 host employer for a period of 60 days or more. 

8 SEC. 8. TEMPORARY STAFFING AGENCY RECORDKEEPING. 

9 (a) IN GENERAL.—Upon assigning a temporary 

10 worker to a host employer for a temporary work assign11 ment, a temporary staffing agency shall keep the following 

12 records relating to such assignment: 

13 (1) HOST EMPLOYER INFORMATION.— 

14 (A) The name, address, and telephone 

15 number of the host employer. 

16 (B) The specific location of each worksite 

17 to which the temporary workers were sent. 

18 (C) The date of the transaction. 

19 (D) The name and title of the individual or 

20 individuals at each host employer’s place of 

21 business responsible for the transaction. 

22 (E) Any specific qualifications or at23 tributes of the temporary worker, requested by 

24 the host employer. 


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1 (F) Any deductions to be made from each 

2 temporary worker’s compensation made by the 

3 temporary staffing agency for the temporary 

4 worker’s transportation, food, clothing, equip5 ment, check cashing, or other service or item 

6 (G) Verification of the actual cost of any 

7 equipment, transportation or meal charged to a 

8 day or temporary worker. 

9 (2) ASSIGNMENT INFORMATION.— 

10 (A) The race and gender of each tem11 porary worker assigned by the temporary staff12 ing agency, as provided by the temporary work13 er. 

14 (B) The type of work to be performed. 

15 (C) The number of hours to be billed to 

16 the host employer. 

17 (D) The number of hours to be worked. 

18 (E) The hourly rate to be billed or charged 

19 to the host employer. 

20 (F) Any specific qualifications or attributes 

21 of the temporary worker, requested by the host 

22 employer. 

23 (G) Copies of all agreements and contracts 

24 covering this assignment, if any, between the 

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1 ployer, and copies of all invoices sent to the 

2 host employer. 

3 (H) Copies of all employment notices or 

4 advertisements used in connection with this job 

5 order or assignment. 

6 (I) Any deductions to be made from each 

7 temporary worker’s compensation made by the 

8 temporary staffing agency for the temporary 

9 worker’s transportation, food, clothing, equip10 ment, check cashing, or other service or item. 

11 (3) APPLICANT INFORMATION.— 

12 (A) Information on all individuals who ap13 plied for the assignment, including their race, 

14 ethnicity, and gender. 

15 (B) Information on when the job was 

16 filled. 

17 (C) With respect to any temporary worker 

18 assigned to the temporary work assignment, the 

19 following: 

20 (i) The temporary worker’s name and 

21 address. 

22 (ii) The date assigned to work. 

23 (iii) The hourly rate to be paid. 

24 (iv) The race and gender of each tem25 porary worker assigned by the temporary 


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1 staffing agency, as provided by the tem2 porary worker. 

3 (v) When, and under what circum4 stances termination occurred. 

5 (vi) The date on which the temporary 

6 work assignment began. 

7 (b) REQUIREMENTS.—Each temporary staffing agen8 cy shall maintain, and make open for inspection by the 

9 Secretary of Labor and the Equal Employment Oppor10 tunity Commission, and (after removing personally identi11 fiable information) make available for review to temporary 

12 worker applicants, all records under this subsection for a 

13 period of 3 years beginning on the date on which such 

14 records are created. 

15 SEC. 9. AGENCY REGISTRATION. 

16 (a) TEMPORARY STAFFING AGENCY RESPONSIBIL17 ITIES.— 

18 (1) IN GENERAL.—Each temporary staffing 

19 agency and branch office shall register with the Sec20 retary of Labor in accordance with the rules adopted 

21 by the Secretary for temporary staffing agencies an22 nually. 

23 (2) REPORTING.—Not less than once every 6 

24 months, a temporary staffing agency shall submit a 

25 report to the Secretary containing, with respect to 


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1 temporary workers employed by the temporary staff2 ing agency during the reporting period, the following 

3 information: 

4 (A) The number who are on a temporary 

5 work assignment. 

6 (B) The percentage who have been injured 

7 on a temporary work assignment. 

8 (C) The percentage who worked on a tem9 porary assignment for not less than 60 days. 

10 (D) The percentage who became employees 

11 of the host employer after working on a tem12 porary work assignment for such host employer. 

13 (E) Information regarding any violations 

14 of title VII of the Civil Rights Act of 1964 (25 

15 U.S.C. 1326 et seq.) by the temporary staffing 

16 agency, including information regarding the 

17 host employer who made a request for the hire 

18 of temporary workers in violation of such title. 

19 Such information shall not contain any person20 ally identifiable information with respect to an 

21 affected temporary worker, including the name, 

22 address, or phone number of such temporary 

23 workers. 

24 (3) PUBLICATION.—The Secretary shall make 

25 publicly available on the internet website of the DeVerDate Sep 11 2014 05:15 Aug 07, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H7638.IH H7638

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1 partment a list of the temporary staffing agencies 

2 that have registered under this section. 

3 (4) REGISTRATION FEE.—The Secretary may 

4 assess each temporary staffing agency a registration 

5 fee not to exceed $100. 

6 (5) TERMINATION OF REGISTRATION.—The 

7 Secretary may suspend, deny, or terminate the reg8 istration of a temporary staffing agency under this 

9 section due to repeated violations of title VII of the 

10 Civil Rights Act of 1964 (25 U.S.C. 1326 et seq.) 

11 during the hiring or recruiting of temporary work12 ers. 

13 (b) HOST EMPLOYER RESPONSIBILITIES.— 

14 (1) VERIFICATION OF REGISTRATION.—A host 

15 employer, upon contracting for a temporary work as16 signment with a temporary staffing agency, shall 

17 verify that the temporary staffing agency is reg18 istered with the Department of Labor before enter19 ing into a contract with such temporary staffing 

20 agency, and not less than once during each calendar 

21 year for which a host employer has a contract with 

22 such temporary staffing agency. The host employer 

23 may request, and the Secretary shall provide, a list 

24 of registered temporary staffing agencies. 

25 (2) PENALTY.— 


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1 (A) HOST EMPLOYER.—A host employer 

2 that contracts with a temporary staffing agency 

3 that is not registered is subject to a civil pen4 alty of not more than the lesser of— 

5 (i) $100 for each business day such 

6 host employer is are under contract with 

7 an unregistered temporary staffing agency; 

8 or 

9 (ii) $5,000. 

10 (B) TEMPORARY STAFFING AGENCY.—A 

11 temporary staffing agency that violates this sec12 tion is subject to a civil penalty of not more 

13 than the lesser of— 

14 (i) $100 for each day such agency op15 erates without registering under this sec16 tion; or 

17 (ii) $5,000. 

18 SEC. 10. PENALTIES AND ENFORCEMENT. 

19 (a) REGULATORY AUTHORITY.—Secretary of Labor 

20 is authorized to issue regulations to ensure compliance 

21 with this Act. 

22 (b) CIVIL PENALTIES.—Any temporary staffing 

23 agency or host employer who violates section 6 or 7 shall 

24 be imposed a civil fine not to exceed $1,500 per violation 


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1 for each week the temporary staffing agency or host em2 ployer is in violation. 

3 (c) RELIEF.—A temporary worker shall be entitled 

4 to wages, salary, employment benefits, or other compensa5 tion denied or lost due to a violation of any provision 

6 under this Act, or reinstatement if terminated in violation 

7 of subsection (g). Days during which such worker would 

8 have worked if such had not been wrongfully suspended 

9 or terminated in violation of subsection (g) shall count to10 wards the numbers of days worked by such temporary 

11 worker for the purposes of section 7(b). 

12 (d) RIGHT OF ACTION.—An action to recover the 

13 damages or equitable relief under this Act may be main14 tained against any employer (including a public agency) 

15 in any Federal or State court of competent jurisdiction 

16 by any one or more temporary workers for and in behalf 

17 of— 

18 (1) the temporary workers; or 

19 (2) the temporary workers and other temporary 

20 workers similarly situated. 

21 (e) FEES AND COSTS.—The court in such an action 

22 shall, in addition to any judgment awarded to the plaintiff, 

23 allow a reasonable attorney’s fee, reasonable expert wit24 ness fees, and other costs of the action to be paid by the 

25 defendant. 


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1 (f) LIMITATIONS.—The right provided by subsection 

2 (d) to bring an action by or on behalf of any temporary 

3 worker shall terminate on the filing of a complaint by the 

4 Secretary in an action under subsection (b) in which a 

5 recovery is sought of the damages described in subsection 

6 (c) owing to a temporary worker by an employer, unless 

7 the action is dismissed without prejudice on motion of the 

8 Secretary. 

9 (g) RETALIATION FOR CERTAIN CONDUCT.— 

10 (1) IN GENERAL.—No temporary staffing agen11 cy or host employer may take adverse action against 

12 a temporary worker for— 

13 (A) making a complaint regarding a viola14 tion of any provision under this Act or the 

15 amendments made by this Act; 

16 (B) causing to be instituted any proceeding 

17 under or related to this Act; 

18 (C) testifying or preparing to testify in an 

19 investigation or proceeding under this Act; or 

20 (D) refusing an assignment pursuant to 

21 section 3(e). 

22 (2) PRESUMPTION.—The termination or ad23 verse action by a temporary staffing agency against 

24 a temporary worker within 30 days of an individual 

25 claiming a protection under this Act or reporting a 


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1 violation under this section shall create a presump2 tion of a violation of the prohibitions in paragraph 

3 (1) in any proceeding brought against the temporary 

4 staffing agency or host employer under this Act. 

5 SEC. 11. COVID–19 PAID SICK LEAVE. 

6 (a) FAMILY AND MEDICAL LEAVE ACT OF 1993.— 

7 Section 110(a)(1)(B) of the Family and Medical Leave 

8 Act of 1993 (29 U.S.C. 2620(a)(1)(B)) is amended— 

9 (1) by striking ‘‘Section 101(4)(A)(i)’’ and in10 serting ‘‘(i) Section 101(4)(A)(i)’’; and 

11 (2) by inserting at the end the following: 

12 ‘‘(ii) The 500-employee threshold 

13 under section 101(4)(A)(i) shall not apply 

14 with respect to a temporary staffing agen15 cy (as defined in the Restoring Worker 

16 Power Act of 2020).’’. 

17 (b) EMERGENCY PAID SICK LEAVE ACT.—Section 

18 5110(2)(B)(i) of the Families First Coronavirus Response 

19 Act (29 U.S.C. 2601 note) is amended— 

20 (1) in item (aa)— 

21 (A) by inserting ‘‘subject to item (bb)’’ be22 fore ‘‘in the case’’; and 

23 (B) by striking ‘‘and’’ after the semicolon; 

24 and 


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1 (2) in item (bb), by inserting ‘‘, a temporary 

2 staffing agency (as defined in section the Restoring 

3 Worker Power Act of 2020),’’ after ‘‘public agency’’. 

4 SEC. 12. GAO STUDY. 

5 (a) STUDY.—Not later than 10 months after the date 

6 of the enactment of this Act, the Comptroller General of 

7 the United States shall submit to Congress the results of 

8 a study on the use of temporary and staffing agencies by 

9 the entities described in subsection (b), including a de10 scription of— 

11 (1) the change in spending by such entities on 

12 temporary workers from fiscal year 2009 to fiscal 

13 year 2019; 

14 (2) the total number of temporary workers at 

15 each agency, and their total hours worked; 

16 (3) the type of services or care delivered by 

17 temporary workers; and 

18 (4) the effect of such rates on— 

19 (A) quality of service or care and the effi20 ciency of such agency; and 

21 (B) the wages and benefits received by 

22 temporary workers in comparison to the cost of 

23 their employment and in comparison to directly 

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1 ployees and of temporary workers at such agen2 cies. 

3 (b) COVERED ENTITIES.—The entities described in 

4 this subsection are the following: 

5 (1) The Department of Veterans Affairs 

6 (2) The Indian Health Service. 

7 (3) The Department of Defense. 

8 (4) The Bureau of Prisons. 

Æ 


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