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[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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