HB 203 – AS AMENDED BY THE HOUSE
04Apr2007… 0754h
2007 SESSION
06/04
HOUSE BILL 203
AN ACT relative to protections for temporary workers.
SPONSORS: Rep. DeJoie, Merr 11; Rep. Infantine, Hills 13; Rep. Baroody, Hills 13
COMMITTEE: Labor, Industrial and Rehabilitative Services
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Apr2007… 0754h
07-0577
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
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 66 the following new subdivision:
275:67 Definitions. In this subdivision:
I. “Day labor worker” means any person who:
(a) Is employed on a day-to-day basis and whose work assignments are for a day at a time; and
(b) Reports to, or assembles at the office of the temporary services employer or other location, is dispatched to the work assignment from that office or location directly to the worksite of the client, and returns to the temporary services employer’s office upon completion of the assignment.
II. “Temporary help service” means any person, entity, or agency that recruits, dispatches, or otherwise facilitates the employment of temporary workers or day labor workers by third-party clients.
III. “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 by the third party client entity.
IV. “Temporary worker employer” means any person or entity whose business consists primarily of:
(a) Recruiting and hiring its own employees;
(b) Locating organizations requiring the services of those employees;
(c) Assigning those employees to work for those organizations to support or supplement such organizations’ workforces, or to provide assistance in special work situations such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects; and
(d) Attempting to reassign the employees to other organizations at the completion of each assignment.
V. “Third-party client” means any person or entity that contracts for temporary labor through a temporary help service.
VI. “Wages” means payment made under RSA 275:43 or more frequently at the employer’s discretion.
275:68 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 pursuant to RSA 275:43.
II. If a day labor worker’s term of employment is less than one week, payment of wages by check shall be made available by the temporary help service at the end of each workday.
III. Under no circumstances shall a temporary help service charge a direct or indirect fee for the cashing of paychecks.
275:69 Transportation Fees. 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.
275:70 Notice. Temporary work service agencies shall post the terms of this subdivision in a public access area.
275:71 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.
275:72 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
275:73 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the conduct of hearings under RSA 275:72, II.
2 Effective Date. This act shall take effect 60 days after its passage.