2023 House Bill 4034

Labor: fair employment practices; labor service agencies; regulate.

A bill to regulate temporary labor service agencies, their clients, and temporary laborers; to prohibit retaliation for exercising rights granted under this act; to provide for the powers and duties of certain state officers and entities; to provide for the promulgation of rules; and to provide remedies and sanctions.

AI Analysis – Experimental

The bill seeks to protect temporary laborers from retaliation, outline the responsibilities of state officers and entities, and establish rules and remedies. It mandates detailed notices for laborers at dispatch, record-keeping of transactions with clients, and prohibits supplying laborers to job sites with labor disputes. The bill also requires agencies to maintain records for seven years, make them available for inspection, and prohibits charging laborers for unconsumed meals or transportation to job sites. Additionally, it specifies that agencies cannot charge for transportation unless it's through certain exempted means, ensures safe transportation conditions, and mandates that safety equipment provided to laborers cannot be charged at more than its market value. Paycheck stubs for temporary laborers must include detailed information about their employment, including hours worked, wage rates, total earnings, and deductions. The act also prohibits charges for background checks or drug tests, ensures deductions do not reduce wages below minimum wage, and mandates payment for laborers directed not to work as contracted. Furthermore, it encourages the transition of temporary laborers to permanent positions by requiring agencies to attempt to place laborers into permanent roles with clients and not restrict their employment opportunities. Agencies must register with the department, providing proof of insurance and unemployment agency account numbers, and may be assessed a registration fee. The department will maintain a public website listing registered agencies in good standing, those with suspended or revoked registrations, and enforce the act through investigations, hearings, and penalties for violations. Clients are required to verify an agency's registration before contracting and may be fined for violations. The act, known as the "temporary laborer rights act," also includes provisions for notifying laborers and clients about registration denials, suspensions, or revocations, and outlines penalties for retaliation against individuals engaging with the act's provisions.

Introduced in the House

Jan. 19, 2023

Introduced by Rep. Kara Hope (D-74) and 9 co-sponsors

Co-sponsored by Reps. Julie Brixie (D-73), Penelope Tsernoglou (D-75), Joey Andrews (D-38), Will Snyder (D-87), Jimmie Wilson (D-32), Emily Dievendorf (D-77), Stephanie Young (D-16), Rachel Hood (D-81) and Kelly Breen (D-21)

Referred to the Committee on Labor