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 Re-
form, the Judiciary, Veterans’ Affairs, Armed Services, Energy and Com-
merce, and Natural Resources, for a period to be subsequently deter-
mined 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 Representa-
tives 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: 
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(1) CONVERSION FEE.—The term ‘‘conversion 
fee’’ means a fee charged by a temporary staffing 
agency to a host employer for hiring or directly em-
ploying a temporary worker for whom a contract for 
work was effected by the temporary agency. 
(2) HOST
EMPLOYER.—The term ‘‘host em-
ployer’’ means any person that contracts with a tem-
porary 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 an-
ticipated employment relationship under which the 
employee, temporary worker, or expected employee 
agrees that he or she will not engage in certain spec-
ified activities that are competitive with such em-
ployer 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 agree-
ment. 
(5) SAME OR SUBSTANTIALLY SIMILAR WORK.— 
The term ‘‘same or substantially similar work’’, used 
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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, respon-
sibility, and authority; and 
(B) is performed in similar conditions. 
(6) TEMPORARY STAFFING AGENCY.—The term 
‘‘temporary staffing agency’’ means any entity en-
gaged 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 ar-
ranged by a temporary staffing agency for the ben-
efit of a host employer and performed by a tem-
porary worker. 
(8) TEMPORARY
WORKER.—The term ‘‘tem-
porary worker’’ means any individual supplied by a 
temporary staffing agency to perform work for one 
or more host employers for any amount of time, re-
gardless of whether such individual is an employee 
or independent contractor with respect to such tem-
porary staffing agency. 
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SEC. 3. PROTECTIONS FOR TEMPORARY WORKERS. 
(a) NOTICE OF WORK TO BE PERFORMED.— 
(1) IN GENERAL.—Not less than 48 hours be-
fore the date on which such temporary worker be-
gins a temporary work assignment for a host em-
ployer on behalf of the temporary staffing agency, a 
temporary staffing agency shall provide notice in, 
the temporary worker’s primary language, in accord-
ance 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 con-
tact information of the host employer; 
(D) any requirements unique to the tem-
porary work assignment that the temporary 
worker will have to meet to perform the assign-
ment, including required clothing, equipment, 
training, or licensing; 
(E) any fees or charges to workers that 
may be deducted from the pay of such tem-
porary worker including for transportation, 
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meals, check cashing, clothing, tools, or safety 
equipment; and 
(F) the rate at which the temporary staff-
ing 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 ac-
cordance with paragraph (2). 
(2) STATEMENT OF WAGES.—A statement of 
wages under paragraph (1) shall include, with re-
spect to the work for which the temporary staffing 
agency is paying the temporary worker— 
(A) an itemized statement of wages, in-
cluding the wage rate and the number of hours 
worked for each host employer, and each deduc-
tion from such wages and the reason for such 
deduction; and 
(B) the hourly rate at which each host em-
ployer 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 
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(f) LIABILITY.—Any temporary staffing agency who 
violates this section shall be liable to any temporary work-
er 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 there-
after. 
SEC. 4. EQUAL PAY FOR EQUAL WORK. 
(a) EQUAL PAY.—A temporary staff agency or host 
employer, whichever is responsible for payment of the tem-
porary 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 per-
forms the same or substantially similar work as the tem-
porary worker. 
(b) PROHIBITION.—No temporary staffing agency or 
host employer may lower the wage of any individual in 
order to comply with this section. 
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(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 be-
tween— 
(A) the amount that such temporary work-
er was entitled to under subsection (a) during 
the period with respect to which the violation 
occurred; and 
(B) the amount that such temporary work-
er 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 tem-
porary staffing agency and host employer shall commu-
nicate 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. 
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SEC. 6. SAFETY AND HEALTH PROVISIONS. 
(a) TRAINING; DOCUMENTATION; HAZARD ANAL-
YSIS.—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 subpara-
graph (B)(ii) if such agency possesses or should 
possess such expertise; 
(B) a document, signed by the temporary 
staffing agency and the host employer, con-
taining— 
(i) description of the safety and health 
responsibilities of each the temporary staff-
ing agency and the host employer, with re-
spect to protecting the safety and health of 
the temporary worker, including— 
(I) the party responsible for pro-
viding and maintaining protective 
equipment; 
(II) the process by which the 
temporary worker should report an in-
jury; 
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(III) the party responsible for 
providing first aid and medical treat-
ment to injured workers; and 
(IV) the name, address, and 
phone number of the workers’ com-
pensation insurance carrier that pro-
vides coverage to the temporary work-
er; and 
(ii) the results of a job hazard anal-
ysis, 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 tem-
porary worker; 
(B) the safety equipment required to pre-
vent injury or illness; 
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(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
AGREE-
MENTS.—No temporary staffing agency shall enter into, 
enforce, or threaten to enforce a non-competition agree-
ment for a temporary worker with a temporary worker or 
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any third party that limits the temporary worker’s ability 
to seek other job opportunities. 
(b) PROHIBITION ON CONVERSION FEES.—No tem-
porary 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 assign-
ment, 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 at-
tributes of the temporary worker, requested by 
the host employer. 
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staffing agency, as provided by the tem-
porary worker. 
(v) When, and under what circum-
stances termination occurred. 
(vi) The date on which the temporary 
work assignment began. 
(b) REQUIREMENTS.—Each temporary staffing agen-
cy shall maintain, and make open for inspection by the 
Secretary of Labor and the Equal Employment Oppor-
tunity Commission, and (after removing personally identi-
fiable 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 RESPONSIBIL-
ITIES.— 
(1) IN
GENERAL.—Each temporary staffing 
agency and branch office shall register with the Sec-
retary of Labor in accordance with the rules adopted 
by the Secretary for temporary staffing agencies an-
nually. 
(2) REPORTING.—Not less than once every 6 
months, a temporary staffing agency shall submit a 
report to the Secretary containing, with respect to 
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temporary workers employed by the temporary staff-
ing 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 tem-
porary assignment for not less than 60 days. 
(D) The percentage who became employees 
of the host employer after working on a tem-
porary 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 person-
ally 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 De-
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partment 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 reg-
istration 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 work-
ers. 
(b) HOST EMPLOYER RESPONSIBILITIES.— 
(1) VERIFICATION OF REGISTRATION.—A host 
employer, upon contracting for a temporary work as-
signment with a temporary staffing agency, shall 
verify that the temporary staffing agency is reg-
istered with the Department of Labor before enter-
ing 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.— 
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(A) HOST
EMPLOYER.—A host employer 
that contracts with a temporary staffing agency 
that is not registered is subject to a civil pen-
alty 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 sec-
tion is subject to a civil penalty of not more 
than the lesser of— 
(i) $100 for each day such agency op-
erates without registering under this sec-
tion; 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 
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for each week the temporary staffing agency or host em-
ployer is in violation. 
(c) RELIEF.—A temporary worker shall be entitled 
to wages, salary, employment benefits, or other compensa-
tion 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 to-
wards 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 main-
tained 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 wit-
ness fees, and other costs of the action to be paid by the 
defendant. 
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(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 agen-
cy or host employer may take adverse action against 
a temporary worker for— 
(A) making a complaint regarding a viola-
tion 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 ad-
verse 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 
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violation under this section shall create a presump-
tion 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 in-
serting ‘‘(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 agen-
cy (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)’’ be-
fore ‘‘in the case’’; and 
(B) by striking ‘‘and’’ after the semicolon; 
and 
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(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 de-
scription 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 effi-
ciency 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 em-
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ployees and of temporary workers at such agen-
cies. 
(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. 
Æ 
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