HB1543 (2006) Detail

Relative to protections for temporary workers.


HB 1543 – AS INTRODUCED

2006 SESSION

06-2789

06/04

HOUSE BILL 1543

AN ACT relative to protections for temporary workers.

SPONSORS: Rep. DeJoie, Merr 11

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill protects the wages paid to temporary employees.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2789

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to protections for temporary workers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Temporary Workers. Amend RSA 275 by inserting after section 65 the following new subdivision:

Temporary Workers

275:66 Definitions. In this subdivision:

I. “Temporary help service” means any person, entity, or agency that recruits, dispatches, or otherwise facilitates the employment of temporary workers by third-party employers.

II. “Temporary worker” means any person or entity who directly or indirectly, or through an agency, agent, or other entity working in the employer’s interest, engages in work for wages or other benefits on a temporary basis and is not employed permanently by the employing entity on either a full or part-time basis.

III. “Temporary worker employer” means any person or entity who directly, or through an agency, agent, or other entity working on the employer’s behalf, contracts, hires or otherwise derives a benefit from work performed by temporary workers, or controls the hours, wages, transportation, or other working conditions of temporary workers. Temporary worker employer includes temporary help services and third-party employers as defined by this act.

IV. “Third-party employer” means any person or entity which contracts for temporary labor through a temporary help service.

275:67 Wages.

I. If a temporary worker’s term of employment is less than one week, payment of wages shall be made by the temporary help service at the end of each workday.

II. Under no circumstances shall a temporary worker employer charge a direct or indirect fee for the cashing of paychecks.

III. All wages paid by check shall be immediately redeemable at a local financial institution free of charge or discount. If a temporary worker does not have an acceptable form of identification for redeeming a check at a local financial institution, the temporary worker employer shall make payment available in cash at no charge or discount.

275:68 Transportation Fees.

I. Under no circumstances shall a temporary worker employer charge a fee of any kind for transportation when such transportation is a condition of employment. If transportation is provided from the point of hire to the worksite, transportation shall be made available from the worksite back to the point of hire.

II. Any transportation fee for optional transportation shall be reasonable and agreed to in advance. Under no circumstances may such transportation fee bring the temporary worker’s wage rate below the minimum wage rates established by statute.

275:69 Notice. Temporary work service agencies shall post the terms of this act in a public access area.

275:70 Waiver Prohibited. Any contract between a temporary worker and a temporary worker employer to waive rights or responsibilities assigned under this subdivision shall be considered void and unenforceable.

275:71 Penalties.

I. An employee shall have all of the remedies under RSA 275:53 to enforce the provisions of this subdivision.

II. The commissioner may, after hearing, impose a civil penalty not to exceed $2,500, for a violation of any provision of this subdivision. Any person on whom a penalty is imposed under this section may appeal as provided in RSA 273:11-c and 273:11-d. All moneys collected under this section shall be deposited in the general fund.

III. The labor commissioner may prosecute any violation of this subdivision in accordance with RSA 273:11

275:72 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the conduct of hearings under RSA 275:71, II.

2 Effective Date. This act shall take effect 60 days after its passage.