A. 4371 2
199-N. RETALIATION.
199-O. PRIVATE RIGHT OF ACTION.
S 199-B. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "DAY OR TEMPORARY LABORER" MEANS A PERSON WHO CONTRACTS FOR EMPLOY-
MENT WITH A DAY AND TEMPORARY LABOR SERVICE PROVIDER.
2. "DAY AND TEMPORARY LABOR SERVICE PROVIDER" MEANS ANY PERSON OR
ENTITY, INCLUDING A LABOR BROKER OR LABOR POOL, ENGAGED IN THE BUSINESS
OF EMPLOYING DAY OR TEMPORARY LABORERS TO PROVIDE SERVICES, FOR A FEE,
TO OR FOR ANY THIRD PARTY CLIENT PURSUANT TO A CONTRACT WITH THE DAY AND
TEMPORARY LABOR SERVICE AND THE THIRD PARTY CLIENT.
3. "DAY AND TEMPORARY LABOR" MEANS LABOR OR EMPLOYMENT THAT IS OCCA-
SIONAL OR IRREGULAR AT WHICH A PERSON IS EMPLOYED FOR NOT LONGER THAN
THE TIME PERIOD REQUIRED TO COMPLETE THE ASSIGNMENT FOR WHICH THE PERSON
WAS HIRED AND WHERE WAGE PAYMENTS ARE MADE DIRECTLY OR INDIRECTLY BY THE
DAY AND TEMPORARY LABOR SERVICE PROVIDER OR THE THIRD PARTY CLIENT FOR
WORK UNDERTAKEN BY DAY OR TEMPORARY LABORERS PURSUANT TO A CONTRACT
BETWEEN THE DAY AND TEMPORARY LABOR SERVICE PROVIDER WITH THE THIRD
PARTY CLIENT. "DAY AND TEMPORARY LABOR" DOES NOT INCLUDE LABOR OR
EMPLOYMENT OF A PROFESSIONAL OR CLERICAL NATURE.
4. "THIRD PARTY CLIENT" MEANS ANY PERSON THAT CONTRACTS WITH A DAY AND
TEMPORARY LABOR SERVICE PROVIDER FOR OBTAINING DAY OR TEMPORARY LABOR-
ERS.
5. "PERSON" MEANS EVERY INDIVIDUAL, FIRM, PARTNERSHIP, CO-PARTNERSHIP,
LIMITED LIABILITY COMPANY, CORPORATION, ASSOCIATION, BUSINESS TRUST, OR
OTHER LEGAL ENTITY, OR ITS LEGAL REPRESENTATIVES, AGENTS, OR ASSIGNS.
6. "LOCKOUT" MEANS THE ACTION OF AN EMPLOYER PURSUANT TO A LABOR
DISPUTE IN TEMPORARILY CLOSING A PLACE OF EMPLOYMENT OR PREVENTING AN
EMPLOYEE OR EMPLOYEES FROM ENGAGING IN THEIR NORMAL COURSE OF EMPLOYMENT
FOR THE PURPOSE OF INDUCING SETTLEMENT OF THE DISPUTE OR INFLUENCING THE
CONDITIONS OF EMPLOYMENT TO BE AGREED ON.
7. "PROFESSIONAL STRIKEBREAKER" MEANS ANY PERSON WHO REPEATEDLY AND
HABITUALLY OFFERS HIMSELF FOR EMPLOYMENT ON A TEMPORARY BASIS WHERE A
LOCKOUT OR STRIKE EXISTS TO TAKE THE PLACE OF AN EMPLOYEE WHOSE WORK HAS
CEASED AS A DIRECT CONSEQUENCE OF SUCH LOCKOUT OR STRIKE.
8. "STRIKE" MEANS THE CONCERTED ACTION OF EMPLOYEES PURSUANT TO A
LABOR DISPUTE IN FAILING TO REPORT FOR WORK, ENGAGING IN THE STOPPAGE OF
WORK, PICKETING (WHERE THE EFFECT OF SUCH PICKETING IS TO INDUCE ANY
INDIVIDUAL NOT TO PICK UP, DELIVER OR TRANSPORT ANY GOODS OR NOT TO
PERFORM ANY SERVICES), OR ABSTAINING FROM THE FULL AND PROPER PERFORM-
ANCE OF THE DUTIES OF EMPLOYMENT FOR THE PURPOSE OF INDUCING SETTLEMENT
OF THE DISPUTE OR INFLUENCING THE CONDITIONS OF EMPLOYMENT TO BE AGREED
ON.
9. "PAYMENT INSTRUMENT" MEANS A PAYCHECK, PAYMENT VOUCHER OR OTHER
NEGOTIABLE INSTRUMENT FROM AN EMPLOYER PROVIDED TO AN EMPLOYEE TO PAY
FOR HOURS WORKED.
10. "CHECK CASHING SERVICE" MEANS A BUSINESS THAT FOR A FEE OFFERS TO
CASH CHECKS OR OTHER PAYMENT INSTRUMENTS OR THAT ADVERTISES THAT IT
CASHES CHECKS OR OTHER PAYMENT INSTRUMENTS.
11. "OFFICE WORKER" MEANS A PERSON EMPLOYED TO PERFORM CLERICAL,
SECRETARIAL OR OTHER SEMI-SKILLED OR SKILLED WORK THAT IS PREDOMINANTLY
PERFORMED IN AN OFFICE SETTING.
12. "SEARCH FIRM" MEANS ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, OR
ASSOCIATION ENGAGED IN THE BUSINESS OF MANAGEMENT CONSULTING, MANAGEMENT
SEARCH CONSULTING, OR PERSONNEL CONSULTING.
S 199-C. EMPLOYMENT OF STRIKEBREAKERS PROHIBITED. 1. NO PERSON SHALL
KNOWINGLY EMPLOY ANY PROFESSIONAL STRIKEBREAKER IN THE PLACE OF AN
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EMPLOYEE, WHOSE WORK HAS CEASED AS A DIRECT CONSEQUENCE OF A LOCKOUT OR
STRIKE, OR KNOWINGLY CONTRACT WITH A DAY AND TEMPORARY LABOR SERVICE
PROVIDER TO PROVIDE A REPLACEMENT FOR THE EMPLOYEE, DURING ANY PERIOD
WHEN A LOCKOUT OR STRIKE IS IN PROGRESS. NOR SHALL ANY PROFESSIONAL
STRIKEBREAKER TAKE OR OFFER TO TAKE THE PLACE IN EMPLOYMENT OF EMPLOYEES
INVOLVED IN A LOCKOUT OR STRIKE.
2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE CONTIN-
UED EMPLOYMENT OF A DAY OR TEMPORARY LABORER BY AN EMPLOYER IF THE DAY
OR TEMPORARY LABORER HAD ALREADY BEEN ASSIGNED TO WORK FOR THE EMPLOYER
AT THE TIME THE STRIKE OR LOCKOUT BEGAN.
S 199-D. EXEMPTIONS. 1. NOT-FOR-PROFIT DAY LABOR CENTERS FUNDED BY THE
STATE, WHICH CHARGE NO FEE FOR THEIR SERVICES, THAT HAVE BEEN ESTAB-
LISHED TO PROVIDE AN ALTERNATIVE FOR DAY OR TEMPORARY LABORERS TO SOLIC-
IT WORK ON STREET CORNERS, ARE NOT SUBJECT TO THE PROVISIONS OF THIS
ARTICLE.
2. THE FOLLOWING AGENCIES THAT PROVIDE EMPLOYEES ON A SHORT-TERM OR
OTHERWISE TEMPORARY BASIS ARE EXEMPT FROM COMPLYING WITH THE PROVISIONS
OF THIS ARTICLE:
A. TEMPORARY SERVICES EMPLOYMENT AGENCIES WHERE ADVANCED APPLICATIONS,
A SCREENING PROCESS AND JOB INTERVIEWS ARE REQUIRED;
B. A LABOR UNION HIRING HALL; AND
C. A LABOR BUREAU OR EMPLOYMENT OFFICE OPERATED BY A BUSINESS ENTITY
FOR THE SOLE PURPOSE OF EMPLOYING A PERSON FOR ITS OWN USE.
3. A. A SEARCH FIRM IS NOT SUBJECT TO THE PROVISIONS OF THIS ARTICLE
IF:
(I) THE SEARCH FIRM IS RETAINED BY, ACTS ON BEHALF OF, AND IS ONLY
COMPENSATED BY THE EMPLOYER, PURSUANT TO A WRITTEN AGREEMENT SPECIFYING
THE POSITION TO BE FILLED;
(II) IN NO INSTANCE WILL ANY INDIVIDUAL CANDIDATE WHO IS IDENTIFIED,
APPRAISED, OR RECOMMENDED BY THE SEARCH FIRM FOR EMPLOYMENT BECOME
LIABLE IN WHOLE OR IN PART TO PAY A FEE OF ANY KIND, DIRECTLY OR INDI-
RECTLY, ON ACCOUNT OF ANY SERVICE PERFORMED BY THE SEARCH FIRM;
(III) IN NO INSTANCE DOES THE SEARCH FIRM OR ITS AGENTS SOLICIT,
PERSUADE, OR INDUCE ANY INDIVIDUAL TO TERMINATE EMPLOYMENT WITH AN
EMPLOYER WITH WHOM THE SEARCH FIRM HAS PLACED THAT INDIVIDUAL; AND
(IV) THE SEARCH FIRM DOES NOT CARRY ON ANY OTHER ACTIVITY THAT COMES
WITHIN THE DEFINITION OF DAY AND TEMPORARY SERVICE PROVIDER.
B. IF THE COMMISSIONER, AT ANY TIME, HAS REASON TO BELIEVE THAT THE
SEARCH FIRM HAS NOT CONDUCTED ITS BUSINESS IN A MANNER CONSISTENT WITH
THE CONDITIONS IN SUBPARAGRAPHS (I), (II), (III), AND (IV) OF PARAGRAPH
A OF THIS SUBDIVISION, THE COMMISSIONER MAY INSPECT THE RELEVANT RECORDS
OF THE SEARCH FIRM FOR THE PURPOSE OF CONFIRMING WHETHER THE SEARCH FIRM
HAS MAINTAINED ITS EXEMPT STATUS DURING THE YEAR. IF IT IS DETERMINED,
EITHER BY WRITTEN ADMISSION BY THE SEARCH FIRM OR BY A FINDING OF FACT
IN A COURT OF LAW, THAT ANY OF THE FOUR CONDITIONS IN PARAGRAPH A OF
THIS SUBDIVISION WERE NOT MET, THE SEARCH FIRM SHALL BE CONSIDERED A DAY
AND TEMPORARY LABOR SERVICE PROVIDER. IF A DAY AND TEMPORARY LABOR
SERVICE PROVIDER OFFERS SERVICES WHICH ARE THE SAME OR SIMILAR TO THOSE
OFFERED BY A SEARCH FIRM, OR IF A SEARCH FIRM OFFERS SERVICES WHICH ARE
THE SAME OR SIMILAR TO THOSE OFFERED BY A DAY AND TEMPORARY LABOR
SERVICE PROVIDER, THE PERSON OR ENTITY OFFERING THESE COMBINED DAY AND
TEMPORARY LABOR SERVICES AND SEARCH FIRM SERVICES SHALL IDENTIFY ITSELF
TO THE PUBLIC BY DISPLAYING THE NAME FILED WITH THE COMMISSIONER AS A
LICENSED DAY AND TEMPORARY LABOR SERVICE PROVIDER; PROVIDED, THAT NO
SEARCH FIRM MAY OFFER LICENSED DAY AND TEMPORARY LABOR SERVICES AT THE
SAME LOCATION.
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C. NO EMPLOYER MAY REQUIRE ANY JOB CANDIDATE PLACED WITH THE EMPLOYER
BY A SEARCH FIRM TO PAY, DIRECTLY OR INDIRECTLY, ALL OR PART OF THE
SEARCH FIRM'S FEE.
S 199-E. EMPLOYMENT NOTICE. 1. WHENEVER A DAY AND TEMPORARY LABOR
SERVICE PROVIDER AGREES TO SEND ONE OR MORE PERSONS TO WORK AS DAY OR
TEMPORARY LABORERS, THE DAY AND TEMPORARY LABOR SERVICE PROVIDER SHALL
PROVIDE TO EACH DAY OR TEMPORARY LABORER, AT THE TIME OF DISPATCH, A
STATEMENT CONTAINING THE FOLLOWING ITEMS ON A FORM APPROVED BY THE
DEPARTMENT:
A. THE NAME OF THE DAY OR TEMPORARY LABORER;
B. THE NAME AND NATURE OF THE WORK TO BE PERFORMED;
C. THE WAGES OFFERED;
D. THE NAME AND ADDRESS OF THE DESTINATION OF EACH DAY OR TEMPORARY
LABORER;
E. TERMS OF TRANSPORTATION; AND
F. WHETHER A MEAL OR EQUIPMENT, OR BOTH, IS PROVIDED, EITHER BY THE
DAY AND TEMPORARY LABOR SERVICE PROVIDER OR THE THIRD PARTY CLIENT, AND
THE COST OF THE MEAL AND EQUIPMENT, IF ANY.
2. IF A DAY OR TEMPORARY LABORER IS ASSIGNED TO THE SAME ASSIGNMENT
FOR MORE THAN ONE DAY, THE DAY AND TEMPORARY LABOR SERVICE PROVIDER IS
REQUIRED TO PROVIDE THE EMPLOYMENT NOTICE ONLY ON THE FIRST DAY OF THE
ASSIGNMENT AND ON ANY DAY THAT ANY OF THE TERMS LISTED ON THE EMPLOYMENT
NOTICE ARE CHANGED.
3. A. IF THE DAY OR TEMPORARY LABORER IS NOT PLACED WITH A THIRD PARTY
CLIENT OR OTHERWISE CONTRACTED TO WORK FOR THAT DAY, THE DAY AND TEMPO-
RARY LABOR SERVICE PROVIDER SHALL, UPON REQUEST, PROVIDE THE DAY OR
TEMPORARY LABORER WITH A CONFIRMATION THAT THE DAY OR TEMPORARY LABORER
SOUGHT WORK, SIGNED BY AN EMPLOYEE OF THE DAY AND TEMPORARY LABOR
SERVICE PROVIDER, WHICH SHALL INCLUDE THE NAME OF THE AGENCY, THE NAME
AND ADDRESS OF THE DAY OR TEMPORARY LABORER, AND THE DATE AND THE TIME
THAT THE DAY OR TEMPORARY LABORER RECEIVES THE CONFIRMATION.
B. NO DAY AND TEMPORARY LABOR SERVICE PROVIDER MAY SEND ANY DAY OR
TEMPORARY LABORER TO ANY PLACE WHERE A STRIKE, A LOCKOUT, OR OTHER LABOR
TROUBLE EXISTS.
C. THE DEPARTMENT SHALL RECOMMEND TO DAY AND TEMPORARY LABOR SERVICE
AGENCIES THAT THOSE AGENCIES EMPLOY PERSONNEL WHO CAN EFFECTIVELY COMMU-
NICATE INFORMATION REQUIRED IN THIS SECTION TO DAY OR TEMPORARY LABORERS
IN SPANISH OR ANY OTHER LANGUAGE THAT IS GENERALLY UNDERSTOOD IN THE
LOCALE OF THE DAY AND TEMPORARY LABOR SERVICE PROVIDER.
S 199-F. RECORDKEEPING. 1. WHENEVER A DAY AND TEMPORARY LABOR SERVICE
PROVIDER SENDS ONE OR MORE PERSONS TO WORK AS DAY OR TEMPORARY LABORERS,
THE DAY AND TEMPORARY LABOR SERVICE PROVIDER SHALL KEEP THE FOLLOWING
RECORDS RELATING TO THAT TRANSACTION:
A. THE NAME, ADDRESS AND TELEPHONE NUMBER OF EACH THIRD PARTY CLIENT,
INCLUDING EACH WORKSITE, TO WHICH DAY OR TEMPORARY LABORERS WERE SENT BY
THE PROVIDER AND THE DATE OF THE TRANSACTION;
B. FOR EACH DAY OR TEMPORARY LABORER: THE NAME AND ADDRESS, THE
SPECIFIC LOCATION SENT TO WORK, THE TYPE OF WORK PERFORMED, THE NUMBER
OF HOURS WORKED, THE HOURLY RATE OF PAY AND THE DATE SENT;
C. THE NAME AND TITLE OF THE INDIVIDUAL OR INDIVIDUALS AT EACH THIRD
PARTY CLIENT'S PLACE OF BUSINESS RESPONSIBLE FOR THE TRANSACTION;
D. ANY SPECIFIC QUALIFICATIONS OR ATTRIBUTES OF A DAY OR TEMPORARY
LABORER, REQUESTED BY EACH THIRD PARTY CLIENT;
E. COPIES OF ALL CONTRACTS, IF ANY, WITH THE THIRD PARTY CLIENT AND
COPIES OF ALL INVOICES FOR THE THIRD PARTY CLIENT;
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F. COPIES OF ALL EMPLOYMENT NOTICES PROVIDED TO ANY DAY OR TEMPORARY
LABORER;
G. DEDUCTIONS TO BE MADE FROM EACH DAY OR TEMPORARY LABORER'S COMPEN-
SATION MADE BY EITHER THE THIRD PARTY CLIENT OR BY THE DAY AND TEMPORARY
LABOR SERVICE PROVIDER FOR THE DAY OR TEMPORARY LABORER'S TRANSPORTA-
TION, FOOD, EQUIPMENT, AND EVERY OTHER DEDUCTION;
H. VERIFICATION OF THE ACTUAL COST OF ANY EQUIPMENT OR MEAL CHARGED TO
A DAY OR TEMPORARY LABORER;
I. THE RACE AND GENDER OF EACH DAY OR TEMPORARY LABORER SENT BY THE
DAY AND TEMPORARY LABOR SERVICE PROVIDER, AS PROVIDED BY THE DAY OR
TEMPORARY LABORER; AND
J. ANY ADDITIONAL INFORMATION REQUIRED BY RULES AND REGULATIONS ISSUED
BY THE DEPARTMENT.
2. THE DAY AND TEMPORARY LABOR SERVICE PROVIDER SHALL MAINTAIN ALL
RECORDS UNDER THIS SECTION FOR A PERIOD OF THREE YEARS FROM THEIR
CREATION. THE RECORDS SHALL BE OPEN TO INSPECTION BY THE DEPARTMENT
DURING NORMAL BUSINESS HOURS. RECORDS DESCRIBED IN THIS SECTION SHALL BE
AVAILABLE FOR REVIEW OR COPYING BY THE DAY OR TEMPORARY LABORER DURING
NORMAL BUSINESS HOURS WITHIN FIVE DAYS FOLLOWING A WRITTEN REQUEST. IN
ADDITION, A DAY AND TEMPORARY LABOR SERVICE PROVIDER SHALL KEEP RECORDS
RELATED TO THE NUMBER OF HOURS BILLED TO A THIRD PARTY CLIENT FOR THAT
INDIVIDUAL DAY OR TEMPORARY LABORER'S HOURS OF WORK AND SHALL MAKE SUCH
RECORDS AVAILABLE FOR REVIEW OR COPYING DURING NORMAL BUSINESS HOURS
WITHIN FIVE DAYS FOLLOWING A WRITTEN REQUEST. THE DAY AND TEMPORARY
LABOR SERVICE PROVIDER SHALL MAKE FORMS, IN DUPLICATE, FOR SUCH REQUESTS
AVAILABLE TO DAY OR TEMPORARY LABORERS AT THE DISPATCH OFFICE. THE DAY
OR TEMPORARY LABORER SHALL BE GIVEN A COPY OF THE REQUEST FORM. IT IS A
VIOLATION OF THIS SECTION TO MAKE ANY FALSE, INACCURATE OR INCOMPLETE
ENTRY INTO ANY RECORD REQUIRED BY THIS SECTION, OR TO DELETE REQUIRED
INFORMATION FROM ANY SUCH RECORD.
S 199-G. MEALS, TRANSPORTATION, AND EQUIPMENT. 1. A DAY AND TEMPORARY
LABOR SERVICE PROVIDER OR THIRD PARTY CLIENT SHALL NOT CHARGE A DAY OR
TEMPORARY LABORER FOR ANY MEAL NOT CONSUMED BY THE DAY OR TEMPORARY
LABORER AND, IF CONSUMED, NO MORE THAN THE ACTUAL COST OF A MEAL. IN NO
CASE SHALL THE PURCHASE OF A MEAL BE A CONDITION OF EMPLOYMENT FOR A DAY
OR TEMPORARY LABORER.
2. A. A DAY AND TEMPORARY LABOR SERVICE PROVIDER OR A THIRD PARTY
CLIENT OR A CONTRACTOR OR AGENT OF EITHER EMPLOYER SHALL CHARGE NO FEE
MORE THAN THE ACTUAL COST TO TRANSPORT A DAY OR TEMPORARY LABORER TO OR
FROM THE DESIGNATED WORK SITE.
B. A DAY AND TEMPORARY LABOR SERVICE PROVIDER IS RESPONSIBLE FOR THE
CONDUCT AND PERFORMANCE OF ANY PERSON WHO TRANSPORTS A DAY OR TEMPORARY
LABORER FROM THE AGENCY TO A WORK SITE, UNLESS THE TRANSPORTER IS:
(I) A PUBLIC MASS TRANSPORTATION SYSTEM;
(II) A COMMON CARRIER;
(III) THE DAY OR TEMPORARY LABORER PROVIDING HIS OR HER OWN TRANSPOR-
TATION; OR
(IV) SELECTED EXCLUSIVELY BY AND AT THE SOLE CHOICE OF THE DAY OR
TEMPORARY LABORER FOR TRANSPORTATION IN A VEHICLE NOT OWNED OR OPERATED
BY THE DAY AND TEMPORARY LABOR SERVICE PROVIDER.
C. IF ANY DAY AND TEMPORARY LABOR SERVICE PROVIDER PROVIDES TRANSPOR-
TATION TO A DAY OR TEMPORARY LABORER OR REFERS A DAY OR TEMPORARY LABOR-
ER AS PROVIDED IN PARAGRAPH D OF THIS SUBDIVISION, THE DAY AND TEMPORARY
LABOR SERVICE PROVIDER MAY NOT ALLOW A MOTOR VEHICLE TO BE USED FOR THE
TRANSPORTING OF DAY OR TEMPORARY LABORERS IF THE PROVIDER KNEW OR SHOULD
HAVE KNOWN THAT THE MOTOR VEHICLE USED FOR THE TRANSPORTATION OF DAY OR
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TEMPORARY LABORERS IS UNSAFE OR NOT EQUIPPED AS REQUIRED BY THIS ARTICLE
OR BY ANY RULE OR REGULATION ADOPTED PURSUANT TO THIS ARTICLE, UNLESS
THE VEHICLE IS:
(I) THE PROPERTY OF A PUBLIC MASS TRANSPORTATION SYSTEM;
(II) THE PROPERTY OF A COMMON CARRIER;
(III) THE DAY OR TEMPORARY LABORER'S PERSONAL VEHICLE; OR
(IV) A VEHICLE OF A DAY OR TEMPORARY LABORER USED TO CARPOOL OTHER DAY
OR TEMPORARY LABORERS AND WHICH IS SELECTED EXCLUSIVELY BY AND AT THE
SOLE CHOICE OF THE DAY OR TEMPORARY LABORER FOR TRANSPORTATION.
D. A DAY AND TEMPORARY LABOR SERVICE PROVIDER MAY NOT REFER A DAY OR
TEMPORARY LABORER TO ANY PERSON FOR TRANSPORTATION TO A WORK SITE UNLESS
THAT PERSON IS:
(I) AN EMPLOYEE OF A PUBLIC MASS TRANSPORTATION SYSTEM; OR
(II) PROVIDING THE TRANSPORTATION AT NO FEE.
DIRECTING THE DAY OR TEMPORARY LABORER TO ACCEPT A SPECIFIC CAR POOL
AS A CONDITION OF WORK SHALL BE CONSIDERED A REFERRAL BY THE DAY AND
TEMPORARY LABOR SERVICE PROVIDER. ANY MENTION OR DISCUSSION OF THE COST
OF A CAR POOL SHALL BE CONSIDERED A REFERRAL BY THE AGENCY. INFORMING A
DAY OR TEMPORARY LABORER OF THE AVAILABILITY OF A CAR POOL DRIVEN BY
ANOTHER DAY OR TEMPORARY LABORER SHALL NOT BE CONSIDERED A REFERRAL BY
THE AGENCY.
E. ANY MOTOR VEHICLE THAT IS OWNED OR OPERATED BY THE DAY AND TEMPO-
RARY LABOR SERVICE PROVIDER OR A THIRD PARTY CLIENT, OR A CONTRACTOR OR
AGENT OF EITHER, OR TO WHICH A DAY AND TEMPORARY LABOR SERVICE PROVIDER
REFERS A DAY OR TEMPORARY LABORER, WHICH IS USED FOR THE TRANSPORTATION
OF DAY OR TEMPORARY LABORERS, SHALL HAVE PROOF OF FINANCIAL RESPONSIBIL-
ITY AS REQUIRED BY THE DEPARTMENT OF MOTOR VEHICLES. THE DRIVER OF THE
VEHICLE SHALL HOLD A VALID LICENSE TO OPERATE MOTOR VEHICLES IN THE
CORRECT CLASSIFICATION AND SHALL BE REQUIRED TO PRODUCE THE LICENSE
IMMEDIATELY UPON DEMAND BY THE DEPARTMENT, ITS INSPECTORS OR DEPUTIES,
OR ANY OTHER PERSON AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS ARTI-
CLE. THE DEPARTMENT SHALL FORWARD VIOLATIONS OF THIS SECTION TO THE
APPROPRIATE LAW ENFORCEMENT AUTHORITIES OR REGULATORY AGENCIES, WHICHEV-
ER IS APPLICABLE.
F. NO MOTOR VEHICLE THAT IS OWNED OR OPERATED BY THE DAY AND TEMPORARY
LABOR SERVICE PROVIDER OR A THIRD PARTY CLIENT, OR CONTRACTOR OR AGENT
OF EITHER, OR TO WHICH A DAY AND TEMPORARY LABOR SERVICE PROVIDER REFERS
A DAY OR TEMPORARY LABORER, WHICH IS USED FOR THE TRANSPORTATION OF DAY
OR TEMPORARY LABORERS MAY BE OPERATED IF IT DOES NOT HAVE A SEAT AND A
SAFETY BELT FOR EACH PASSENGER. THE DEPARTMENT SHALL FORWARD VIOLATIONS
OF THIS SECTION TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES OR REGU-
LATORY AGENCIES, WHICHEVER IS APPLICABLE.
3. FOR ANY SAFETY EQUIPMENT, CLOTHING, ACCESSORIES, OR ANY OTHER ITEMS
REQUIRED BY THE NATURE OF THE WORK, EITHER BY LAW, CUSTOM, OR AS A
REQUIREMENT OF THE THIRD PARTY CLIENT, THE DAY AND TEMPORARY LABOR
SERVICE PROVIDER OR THE THIRD PARTY CLIENT MAY CHARGE THE DAY OR TEMPO-
RARY LABORER THE MARKET VALUE OF THE ITEM TEMPORARILY PROVIDED TO THE
DAY OR TEMPORARY LABORER BY THE THIRD PARTY CLIENT IF THE DAY OR TEMPO-
RARY LABORER FAILS TO RETURN SUCH ITEMS TO THE THIRD PARTY CLIENT OR THE
DAY AND TEMPORARY LABOR SERVICE PROVIDER. FOR ANY OTHER EQUIPMENT,
CLOTHING, ACCESSORIES, OR ANY OTHER ITEMS THE DAY AND TEMPORARY LABOR
SERVICE PROVIDER MAKES AVAILABLE FOR PURCHASE, THE DAY OR TEMPORARY
LABORER SHALL NOT BE CHARGED MORE THAN THE ACTUAL MARKET VALUE FOR THE
ITEM.
S 199-H. WAGE PAYMENT AND NOTICE. 1. AT THE TIME OF PAYMENT OF WAGES,
A DAY AND TEMPORARY LABOR SERVICE PROVIDER SHALL PROVIDE EACH DAY OR
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TEMPORARY LABORER WITH A DETAILED ITEMIZED STATEMENT, ON THE DAY OR
TEMPORARY LABORER'S PAYCHECK STUB OR ON A FORM APPROVED BY THE DEPART-
MENT, LISTING THE FOLLOWING:
A. THE NAME, ADDRESS, AND TELEPHONE NUMBER OF EACH THIRD PARTY CLIENT
AT WHICH THE DAY OR TEMPORARY LABORER WORKED. IF THIS INFORMATION IS
PROVIDED ON THE DAY OR TEMPORARY LABORER'S PAYCHECK STUB, A CODE FOR
EACH THIRD PARTY CLIENT MAY BE USED SO LONG AS THE REQUIRED INFORMATION
FOR EACH CODED THIRD PARTY CLIENT IS MADE AVAILABLE TO THE DAY OR TEMPO-
RARY LABORER;
B. THE NUMBER OF HOURS WORKED BY THE DAY OR TEMPORARY LABORER AT EACH
THIRD PARTY CLIENT EACH DAY DURING THE PAY PERIOD;
C. THE RATE OF PAYMENT FOR EACH HOUR WORKED, INCLUDING ANY PREMIUM
RATE OR BONUS;
D. THE TOTAL PAY PERIOD EARNINGS;
E. ALL DEDUCTIONS MADE FROM THE DAY OR TEMPORARY LABORER'S COMPEN-
SATION MADE EITHER BY THE THIRD PARTY CLIENT OR BY THE DAY AND TEMPORARY
LABOR SERVICE PROVIDER, AND THE PURPOSE FOR WHICH DEDUCTIONS WERE MADE,
INCLUDING FOR THE DAY OR TEMPORARY LABORER'S TRANSPORTATION, FOOD,
EQUIPMENT, AND EVERY OTHER DEDUCTION; AND
F. ANY ADDITIONAL INFORMATION REQUIRED BY RULES OR REGULATIONS ISSUED
BY THE DEPARTMENT.
2. FOR EACH DAY OR TEMPORARY LABORER WHO IS CONTRACTED TO WORK A
SINGLE DAY, THE THIRD PARTY CLIENT SHALL, AT THE END OF THE WORK DAY,
PROVIDE SUCH DAY OR TEMPORARY LABORER WITH A WORK VERIFICATION FORM,
APPROVED BY THE DEPARTMENT, WHICH SHALL CONTAIN THE DATE, THE DAY OR
TEMPORARY LABORER'S NAME, THE WORK LOCATION, AND THE HOURS WORKED ON
THAT DAY. ANY THIRD PARTY CLIENT WHO VIOLATES THIS SECTION MAY BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR A
FIRST VIOLATION, AND UP TO TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH
SUBSEQUENT VIOLATION. EACH DAY OR TEMPORARY LABORER WHO IS NOT PROVIDED
THE PROPER PAPERWORK REQUIRED BY THIS SECTION SHALL CONSTITUTE A SEPA-
RATE AND DISTINCT VIOLATION. EACH DAY A VIOLATION CONTINUES SHALL
CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.
3. A DAY AND TEMPORARY LABOR SERVICE PROVIDER SHALL PROVIDE EACH WORK-
ER AN ANNUAL EARNINGS SUMMARY WITHIN A REASONABLE TIME AFTER THE PRECED-
ING CALENDAR YEAR, BUT IN NO CASE LATER THAN FEBRUARY FIRST OF SUCH
YEAR. A DAY AND TEMPORARY LABOR SERVICE PROVIDER SHALL, AT THE TIME OF
EACH WAGE PAYMENT, GIVE NOTICE TO DAY OR TEMPORARY LABORERS OF THE
AVAILABILITY OF THE ANNUAL EARNINGS SUMMARY OR POST SUCH A NOTICE IN A
CONSPICUOUS PLACE IN THE PUBLIC RECEPTION AREA.
4. AT THE REQUEST OF A DAY OR TEMPORARY LABORER, A DAY AND TEMPORARY
LABOR SERVICE PROVIDER SHALL HOLD THE DAILY WAGES OF THE DAY OR TEMPO-
RARY LABORER AND MAKE EITHER WEEKLY, BI-WEEKLY, OR SEMI-MONTHLY
PAYMENTS. THE WAGES SHALL BE PAID IN A SINGLE CHECK, OR, AT THE DAY OR
TEMPORARY LABORER'S SOLE OPTION, BY DIRECT DEPOSIT OR OTHER MANNER
APPROVED BY THE DEPARTMENT, REPRESENTING THE WAGES EARNED DURING THE
PERIOD, EITHER WEEKLY, BI-WEEKLY, OR SEMI-MONTHLY, DESIGNATED BY THE DAY
OR TEMPORARY LABORER. VOUCHERS OR ANY OTHER METHOD OF PAYMENT WHICH IS
NOT GENERALLY NEGOTIABLE SHALL BE PROHIBITED AS A METHOD OF PAYMENT OF
WAGES. DAY AND TEMPORARY LABOR SERVICE AGENCIES THAT MAKE DAILY WAGE
PAYMENTS SHALL PROVIDE WRITTEN NOTIFICATION TO ALL DAY OR TEMPORARY
LABORERS OF THE RIGHT TO REQUEST WEEKLY, BI-WEEKLY, OR SEMI-MONTHLY
CHECKS. THE DAY AND TEMPORARY LABOR SERVICE PROVIDER MAY PROVIDE THIS
NOTICE BY CONSPICUOUSLY POSTING THE NOTICE AT THE LOCATION WHERE THE
WAGES ARE RECEIVED BY THE DAY OR TEMPORARY LABORERS.
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5. NO DAY AND TEMPORARY LABOR SERVICE PROVIDER SHALL CHARGE ANY DAY OR
TEMPORARY LABORER FOR CASHING A CHECK ISSUED BY THE AGENCY FOR WAGES
EARNED BY A DAY OR TEMPORARY LABORER WHO PERFORMED WORK THROUGH THAT
AGENCY.
6. DAY OR TEMPORARY LABORERS SHALL BE PAID NO LESS THAN THE WAGE RATE
STATED IN THE NOTICE FOR ALL THE WORK PERFORMED ON BEHALF OF THE THIRD
PARTY CLIENT IN ADDITION TO THE WORK LISTED IN THE WRITTEN DESCRIPTION.
7. THE TOTAL AMOUNT DEDUCTED FOR MEALS, EQUIPMENT, AND TRANSPORTATION
MAY NOT CAUSE A DAY OR TEMPORARY LABORER'S HOURLY WAGE TO FALL BELOW THE
STATE OR FEDERAL MINIMUM WAGE. HOWEVER, A DAY AND TEMPORARY LABOR
SERVICE PROVIDER MAY DEDUCT THE ACTUAL MARKET VALUE OF REUSABLE EQUIP-
MENT PROVIDED TO THE DAY OR TEMPORARY LABORER BY THE DAY AND TEMPORARY
LABOR SERVICE PROVIDER WHICH THE DAY OR TEMPORARY LABORER FAILS TO
RETURN, IF THE DAY OR TEMPORARY LABORER PROVIDES A WRITTEN AUTHORIZATION
FOR SUCH DEDUCTION AT THE TIME THE DEDUCTION IS MADE.
8. A DAY OR TEMPORARY LABORER WHO IS CONTRACTED BY A DAY AND TEMPORARY
LABOR SERVICE PROVIDER TO WORK AT A THIRD PARTY CLIENT'S WORKSITE BUT IS
NOT UTILIZED BY THE THIRD PARTY CLIENT SHALL BE PAID BY THE DAY AND
TEMPORARY LABOR SERVICE PROVIDER FOR A MINIMUM OF FOUR HOURS OF PAY AT
THE AGREED UPON RATE OF PAY. HOWEVER, IN THE EVENT THE DAY AND TEMPORARY
LABOR SERVICE PROVIDER CONTRACTS THE DAY OR TEMPORARY LABORER TO WORK AT
ANOTHER LOCATION DURING THE SAME SHIFT, THE DAY OR TEMPORARY LABORER
SHALL BE PAID BY THE DAY AND TEMPORARY LABOR SERVICE PROVIDER FOR A
MINIMUM OF TWO HOURS OF PAY AT THE AGREED UPON RATE OF PAY.
S 199-I. PUBLIC ACCESS AREA. EACH DAY AND TEMPORARY LABOR SERVICE
PROVIDER SHALL PROVIDE ADEQUATE SEATING IN THE PUBLIC ACCESS AREA OF THE
OFFICES OF THE SERVICE. THE PUBLIC ACCESS AREA SHALL BE THE LOCATION FOR
ALL NOTICES REQUIRED BY THIS ARTICLE AND ANY OTHER STATE OR FEDERALLY
MANDATED POSTING. THE PUBLIC ACCESS AREA SHALL ALLOW FOR ACCESS TO REST-
ROOMS AND WATER.
S 199-J. WORK RESTRICTION. NO DAY AND TEMPORARY LABOR SERVICE PROVIDER
SHALL RESTRICT THE RIGHT OF A DAY OR TEMPORARY LABORER TO ACCEPT A
PERMANENT POSITION WITH A THIRD PARTY CLIENT TO WHOM THE DAY OR TEMPO-
RARY LABORER HAS BEEN REFERRED FOR WORK OR RESTRICT THE RIGHT OF SUCH
THIRD PARTY CLIENT TO OFFER SUCH EMPLOYMENT TO A DAY OR TEMPORARY LABOR-
ER. A DAY AND TEMPORARY LABOR SERVICE PROVIDER MAY CHARGE A PLACEMENT
FEE TO A THIRD PARTY CLIENT FOR EMPLOYING A DAY OR TEMPORARY LABORER FOR
WHOM A CONTRACT FOR WORK WAS EFFECTED BY THE DAY AND TEMPORARY LABOR
SERVICE PROVIDER NOT TO EXCEED THE EQUIVALENT OF THE TOTAL DAILY COMMIS-
SION RATE THE DAY AND TEMPORARY LABOR SERVICE PROVIDER WOULD HAVE
RECEIVED OVER A SIXTY-DAY PERIOD, REDUCED BY THE EQUIVALENT OF THE DAILY
COMMISSION RATE THE DAY AND TEMPORARY LABOR SERVICE PROVIDER WOULD HAVE
RECEIVED FOR EACH DAY THE DAY OR TEMPORARY LABORER HAS PERFORMED WORK
FOR THE DAY AND TEMPORARY LABOR SERVICE PROVIDER IN THE PRECEDING TWELVE
MONTHS. DAYS WORKED AT A DAY AND TEMPORARY LABOR SERVICE PROVIDER IN THE
TWELVE MONTHS PRECEDING THE EFFECTIVE DATE OF THIS SECTION SHALL BE
INCLUDED FOR PURPOSES OF CALCULATING THE MAXIMUM PLACEMENT FEE DESCRIBED
IN THIS SECTION. HOWEVER, PLACEMENT OF A DAY OR TEMPORARY LABORER WHO IS
CONTRACTED BY A DAY AND TEMPORARY LABOR SERVICE PROVIDER TO PROVIDE
SKILLED LABOR SHALL NOT BE SUBJECT TO ANY PLACEMENT FEE CAP. FOR
PURPOSES OF THIS SECTION, A DAY OR TEMPORARY LABORER WHO PERFORMS
"SKILLED LABOR" SHALL APPLY ONLY WHERE THE DAY AND TEMPORARY LABOR
SERVICE PROVIDER PERFORMS AN ADVANCED APPLICATION PROCESS, A SCREENING
PROCESS, WHICH MAY INCLUDE PROCESSES SUCH AS ADVANCED TESTING, AND A JOB
INTERVIEW. NO FEE PROVIDED FOR UNDER THIS SECTION MAY BE ASSESSED OR
COLLECTED BY THE DAY AND TEMPORARY LABOR SERVICE PROVIDER WHEN THE DAY
A. 4371 9
OR TEMPORARY LABORER IS OFFERED PERMANENT WORK FOLLOWING THE SUSPENSION
OR REVOCATION OF THE DAY AND TEMPORARY LABOR SERVICE PROVIDER'S REGIS-
TRATION BY THE DEPARTMENT.
S 199-K. REGISTRATION. 1. A DAY AND TEMPORARY LABOR SERVICE PROVIDER
THAT IS LOCATED, OPERATES, OR TRANSACTS BUSINESS WITHIN THIS STATE SHALL
REGISTER WITH THE DEPARTMENT IN ACCORDANCE WITH RULES AND REGULATIONS
ADOPTED BY THE DEPARTMENT FOR DAY AND TEMPORARY LABOR SERVICE PROVIDERS
AND SHALL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE. EACH DAY AND
TEMPORARY LABOR SERVICE PROVIDER SHALL PROVIDE PROOF OF AN EMPLOYER
ACCOUNT NUMBER ISSUED BY THE DEPARTMENT FOR THE PAYMENT OF UNEMPLOYMENT
INSURANCE CONTRIBUTIONS AS REQUIRED BY LAW, AND PROOF OF VALID WORKERS'
COMPENSATION INSURANCE IN EFFECT AT THE TIME OF REGISTRATION COVERING
ALL OF ITS EMPLOYEES. IF, AT ANY TIME, A DAY AND TEMPORARY LABOR
SERVICE PROVIDER'S WORKERS' COMPENSATION INSURANCE COVERAGE LAPSES, THE
PROVIDER SHALL HAVE AN AFFIRMATIVE DUTY TO REPORT THE LAPSE OF SUCH
COVERAGE TO THE DEPARTMENT AND THE WORKERS' COMPENSATION BOARD AND THE
PROVIDER'S REGISTRATION SHALL BE SUSPENDED UNTIL THE PROVIDER'S WORKERS'
COMPENSATION INSURANCE IS REINSTATED. THE DEPARTMENT MAY ASSESS EACH DAY
AND TEMPORARY LABOR SERVICE PROVIDER A NON-REFUNDABLE REGISTRATION FEE
NOT EXCEEDING ONE THOUSAND DOLLARS PER YEAR PER PROVIDER AND A NON-RE-
FUNDABLE FEE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR EACH OTHER
LOCATION WHERE THE PROVIDER REGULARLY CONTRACTS WITH DAY OR TEMPORARY
LABORERS FOR SERVICES. THE FEE MAY BE PAID BY CHECK OR MONEY ORDER AND
THE DEPARTMENT MAY NOT REFUSE TO ACCEPT A CHECK ON THE BASIS THAT IT IS
NOT A CERTIFIED CHECK OR A CASHIER'S CHECK. THE DEPARTMENT MAY CHARGE AN
ADDITIONAL FEE TO BE PAID BY A DAY AND TEMPORARY LABOR SERVICE PROVIDER
IF THE PROVIDER, OR ANY PERSON ON THE PROVIDER'S BEHALF, ISSUES OR
DELIVERS A CHECK TO THE DEPARTMENT THAT IS NOT HONORED BY THE FINANCIAL
INSTITUTION UPON WHICH IT IS DRAWN.
2. IT IS A VIOLATION OF THIS SECTION TO OPERATE A DAY AND TEMPORARY
LABOR SERVICE WITHOUT FIRST REGISTERING WITH THE DEPARTMENT IN ACCORD-
ANCE WITH SUBDIVISION ONE OF THIS SECTION. THE DEPARTMENT SHALL CREATE
AND MAINTAIN AT REGULAR INTERVALS ON ITS WEBSITE, ACCESSIBLE TO THE
PUBLIC:
A. A LIST OF ALL REGISTERED DAY AND TEMPORARY LABOR SERVICE AGENCIES
IN THE STATE WHOSE REGISTRATION IS IN GOOD STANDING;
B. A LIST OF DAY AND TEMPORARY LABOR SERVICE AGENCIES IN THE STATE
WHOSE REGISTRATION HAS BEEN SUSPENDED, INCLUDING THE REASON FOR THE
SUSPENSION, THE DATE THE SUSPENSION WAS INITIATED, AND THE DATE, IF
KNOWN, THE SUSPENSION IS TO BE LIFTED; AND
C. A LIST OF DAY AND TEMPORARY LABOR SERVICE AGENCIES IN THE STATE
WHOSE REGISTRATION HAS BEEN REVOKED, INCLUDING THE REASON FOR THE REVO-
CATION AND THE DATE THE REGISTRATION WAS REVOKED.
3. THE DEPARTMENT IS AUTHORIZED TO ASSESS A PENALTY AGAINST ANY DAY
AND TEMPORARY LABOR SERVICE PROVIDER THAT FAILS TO REGISTER WITH THE
DEPARTMENT IN ACCORDANCE WITH THIS SECTION IN AN AMOUNT OF UP TO FIVE
HUNDRED DOLLARS FOR EACH VIOLATION. EACH DAY DURING WHICH A DAY AND
TEMPORARY LABOR SERVICE PROVIDER OPERATES WITHOUT REGISTERING WITH THE
DEPARTMENT SHALL BE A SEPARATE AND DISTINCT VIOLATION.
4. AN APPLICANT IS NOT ELIGIBLE TO REGISTER TO OPERATE A DAY AND
TEMPORARY LABOR SERVICE UNDER THIS SECTION IF THE APPLICANT OR ANY OF
ITS OFFICERS, DIRECTORS, PARTNERS, OR MANAGERS OR ANY OWNER WITH A TWEN-
TY-FIVE PERCENT OR GREATER BENEFICIAL INTEREST:
A. HAS BEEN INVOLVED, AS OWNER, OFFICER, DIRECTOR, PARTNER, OR MANAG-
ER, OF ANY DAY AND TEMPORARY LABOR SERVICE WHOSE REGISTRATION HAS BEEN
A. 4371 10
REVOKED OR HAS BEEN SUSPENDED WITHOUT BEING REINSTATED WITHIN THE FIVE
YEARS IMMEDIATELY PRECEDING THE FILING OF THE APPLICATION; OR
B. IS UNDER THE AGE OF EIGHTEEN.
5. EVERY DAY AND TEMPORARY LABOR SERVICE PROVIDER SHALL POST AND KEEP
POSTED AT EACH LOCATION, IN A POSITION EASILY ACCESSIBLE TO ALL EMPLOY-
EES, NOTICES AS SUPPLIED AND REQUIRED BY THE DEPARTMENT CONTAINING
COPIES OR SUMMARIES OF THE PROVISIONS OF THIS SECTION AND A NOTICE WHICH
INFORMS THE PUBLIC OF A TOLL-FREE TELEPHONE NUMBER FOR DAY OR TEMPORARY
LABORERS AND THE PUBLIC TO FILE WAGE DISPUTE COMPLAINTS AND OTHER
ALLEGED VIOLATIONS BY DAY AND TEMPORARY LABOR SERVICE PROVIDERS. SUCH
NOTICES SHALL BE POSTED IN ENGLISH, SPANISH, AND ANY OTHER LANGUAGE
GENERALLY UNDERSTOOD IN THE LOCALE OF THE DAY AND TEMPORARY LABOR
SERVICE PROVIDER.
S 199-L. VIOLATIONS, ENFORCEMENT, AND PENALTIES. 1. THE DEPARTMENT
SHALL HAVE THE AUTHORITY TO DENY, SUSPEND, OR REVOKE THE REGISTRATION OF
A DAY AND TEMPORARY LABOR SERVICE PROVIDER IF WARRANTED BY PUBLIC HEALTH
AND SAFETY CONCERNS OR VIOLATIONS OF THIS ARTICLE.
2. IT SHALL BE THE DUTY OF THE DEPARTMENT TO ENFORCE THE PROVISIONS OF
THIS ARTICLE. THE DEPARTMENT SHALL HAVE THE POWER TO CONDUCT INVESTI-
GATIONS IN CONNECTION WITH THE ADMINISTRATION AND ENFORCEMENT OF THIS
ARTICLE AND ANY INVESTIGATOR WITH THE DEPARTMENT SHALL BE AUTHORIZED TO
VISIT AND INSPECT, AT ALL REASONABLE TIMES, ANY PLACES SUBJECT TO THE
PROVISIONS OF THIS ARTICLE AND SHALL BE AUTHORIZED TO INSPECT, AT ALL
REASONABLE TIMES, CONTRACTS FOR THE EMPLOYMENT OF ALL DAY OR TEMPORARY
LABORERS ENTERED INTO BY A THIRD PARTY CLIENT IF THE DEPARTMENT HAS
RECEIVED A COMPLAINT INDICATING THAT THE THIRD PARTY CLIENT MAY HAVE
CONTRACTED WITH A DAY AND TEMPORARY LABOR SERVICE PROVIDER THAT IS NOT
REGISTERED UNDER THIS ARTICLE.
3. THE DEPARTMENT SHALL CONDUCT HEARINGS UPON WRITTEN COMPLAINT BY AN
INVESTIGATOR OF THE DEPARTMENT OR ANY INTERESTED PERSON OF A VIOLATION
OF THIS ARTICLE. AFTER THE HEARING, IF SUPPORTED BY THE EVIDENCE, THE
DEPARTMENT MAY:
A. ISSUE AND CAUSE TO BE SERVED ON ANY PARTY AN ORDER TO CEASE AND
DESIST FROM FURTHER VIOLATIONS OF THIS ARTICLE;
B. TAKE AFFIRMATIVE OR OTHER ACTION AS DEEMED REASONABLE TO ELIMINATE
THE EFFECT OF THE VIOLATION;
C. DENY, SUSPEND, OR REVOKE ANY REGISTRATION UNDER THIS ARTICLE; AND
D. DETERMINE THE AMOUNT OF ANY CIVIL PENALTY THAT SHOULD BE IMPOSED
PURSUANT TO THIS ARTICLE. THE COMMISSIONER OR HIS OR HER REPRESENTATIVE
MAY COMPEL, BY SUBPOENA, THE ATTENDANCE AND TESTIMONY OF WITNESSES AND
THE PRODUCTION OF BOOKS, PAYROLLS, RECORDS, PAPERS, AND OTHER EVIDENCE
IN ANY INVESTIGATION OR HEARING AND MAY ADMINISTER OATHS TO WITNESSES.
NOTHING IN THIS ARTICLE APPLIES TO LABOR OR EMPLOYMENT OF A CLERICAL OR
PROFESSIONAL NATURE.
4. A. WHOEVER INTENTIONALLY VIOLATES ANY OF THE PROVISIONS OF THIS
ARTICLE OR ANY RULE OR REGULATION ADOPTED THERETO, OR WHOEVER OBSTRUCTS
THE DEPARTMENT, ITS INSPECTORS, OR ANY OTHER PERSON AUTHORIZED TO
INSPECT PLACES SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BE LIABLE
FOR PENALTIES UP TO DOUBLE THE AMOUNT IMPOSED PURSUANT TO THIS ARTICLE.
B. WHOEVER INTENTIONALLY VIOLATES ANY OF THE PROVISIONS OF THIS ARTI-
CLE OR ANY RULE ADOPTED OR REGULATION ADOPTED THERETO THAT RESULTS IN AN
UNDERPAYMENT TO A DAY OR TEMPORARY LABORER SHALL BE LIABLE TO THE
DEPARTMENT FOR UP TO TWENTY PERCENT OF THE DAY AND TEMPORARY LABOR
SERVICE PROVIDER'S OR THE THIRD PARTY CLIENT'S TOTAL UNDERPAYMENT AND
SHALL ALSO BE LIABLE TO THE EMPLOYEE FOR PUNITIVE DAMAGES IN THE AMOUNT
OF TWO PERCENT OF THE AMOUNT OF ANY SUCH UNDERPAYMENTS FOR EACH MONTH
A. 4371 11
FOLLOWING THE DATE OF PAYMENT DURING WHICH THE UNDERPAYMENTS REMAIN
UNPAID.
C. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS FOR THE
COLLECTION OF THESE PENALTIES. THE PENALTY SHALL BE IMPOSED IN CASES IN
WHICH A DAY AND TEMPORARY LABOR SERVICE PROVIDER'S OR A THIRD PARTY
CLIENT'S CONDUCT IS PROVEN BY A PREPONDERANCE OF THE EVIDENCE TO BE
INTENTIONAL. THE PENALTY MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY
THE COMMISSIONER IN ANY COURT OF COMPETENT JURISDICTION. IN ANY SUCH
ACTION, THE COMMISSIONER SHALL BE REPRESENTED BY THE ATTORNEY GENERAL.
5. A. A DAY AND TEMPORARY LABOR SERVICE PROVIDER THAT VIOLATES ANY OF
THE PROVISIONS OF THIS ARTICLE OR ANY RULE OR REGULATION ADOPTED THERETO
SHALL BE SUBJECT TO THE PENALTY PROVIDED IN EACH SECTION, RESPECTIVELY,
OR TO A CIVIL PENALTY NOT TO EXCEED SIX THOUSAND DOLLARS AND/OR ONE YEAR
IN JAIL FOR ALL VIOLATIONS FOUND IN THE FIRST AUDIT BY THE DEPARTMENT.
FOLLOWING THE FIRST AUDIT, A DAY AND TEMPORARY LABOR SERVICE PROVIDER
SHALL BE SUBJECT TO A PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED
DOLLARS AND/OR THIRTY DAYS IN JAIL FOR EACH SUBSEQUENT VIOLATION FOUND
BY THE DEPARTMENT WITHIN THREE YEARS. EACH OCCURRENCE OF A VIOLATION FOR
WHICH A PERSON IS CONVICTED IS A SEPARATE OFFENSE. MULTIPLE VIOLATIONS
ARISING FROM TRANSACTIONS WITH THE SAME PERSON OR MULTIPLE VIOLATIONS
ARISING FROM TRANSACTIONS WITH DIFFERENT PEOPLE SHALL BE CONSIDERED
SEPARATE OCCURRENCES.
B. IN ADDITION TO ANY OTHER FEES OR FINES THAT MAY BE IMPOSED ON AN
OFFENDER CONVICTED PURSUANT TO THIS SECTION, THE COURT MAY ORDER THE
OFFENDER TO PAY RESTITUTION. A DAY AND TEMPORARY LABOR SERVICE PROVIDER
SHALL PAY DAY AND TEMPORARY LABORERS FOR ALL HOURS WORKED OR OTHERWISE
DUE AND OWED TO THE DAY AND TEMPORARY LABORERS. A PERSON WHO FAILS TO
PAY A DAY OR TEMPORARY LABORER FOR WORK PERFORMED OR TIME DUE IS LIABLE
FOR FULL PAYMENT OF THE WAGES NOT PAID AND CIVIL DAMAGES EQUAL TO TWICE
THE VALUE OF THE UNPAID WAGES, COURT COSTS AND ATTORNEY FEES AND COSTS.
C. IN DETERMINING THE AMOUNT OF A PENALTY TO BE LEVIED PURSUANT TO
THIS SECTION, THE COMMISSIONER SHALL CONSIDER THE APPROPRIATENESS OF THE
PENALTY TO THE DAY AND TEMPORARY LABOR SERVICE PROVIDER CHARGED, UPON
THE DETERMINATION OF THE GRAVITY OF THE VIOLATIONS.
D. FOR ANY VIOLATION DETERMINED BY THE DEPARTMENT TO BE INTENTIONAL
WHICH IS WITHIN THREE YEARS OF AN EARLIER VIOLATION, THE DEPARTMENT MAY
REVOKE THE REGISTRATION OF THE VIOLATOR. THE AMOUNT OF THE PENALTY, WHEN
FINALLY DETERMINED, MAY BE:
(I) RECOVERED IN A CIVIL ACTION BROUGHT BY THE COMMISSIONER IN ANY
COURT OF COMPETENT JURISDICTION. IN THIS LITIGATION, THE COMMISSIONER
SHALL BE REPRESENTED BY THE ATTORNEY GENERAL.
(II) ORDERED BY THE COURT, IN AN ACTION BROUGHT BY ANY PARTY FOR A
VIOLATION UNDER THIS ARTICLE, TO BE PAID TO THE COMMISSIONER.
6. THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS FOR VIOLATION
HEARINGS AND PENALTIES FOR VIOLATIONS OF THIS ARTICLE OR THE DEPART-
MENT'S RULES AND REGULATIONS IN CONJUNCTION WITH THE PENALTIES SET FORTH
IN THIS ARTICLE.
7. A. IT IS A VIOLATION OF THIS ARTICLE FOR A THIRD PARTY CLIENT TO
ENTER INTO A CONTRACT FOR THE EMPLOYMENT OF DAY OR TEMPORARY LABORERS
WITH ANY DAY AND TEMPORARY LABOR SERVICE PROVIDER NOT REGISTERED UNDER
THIS ARTICLE. A THIRD PARTY CLIENT HAS A DUTY TO VERIFY A DAY AND TEMPO-
RARY LABOR SERVICE PROVIDER'S STATUS WITH THE DEPARTMENT ON MARCH FIRST
AND SEPTEMBER FIRST OF EACH YEAR. A DAY AND TEMPORARY LABOR SERVICE
PROVIDER SHALL BE REQUIRED TO PROVIDE EACH OF ITS THIRD PARTY CLIENTS
WITH PROOF OF VALID REGISTRATION ISSUED BY THE DEPARTMENT AT THE TIME OF
ENTERING INTO A CONTRACT. A DAY AND TEMPORARY LABOR SERVICE PROVIDER
A. 4371 12
SHALL BE REQUIRED TO NOTIFY, BOTH BY TELEPHONE AND IN WRITING, EACH DAY
AND TEMPORARY LABORER IT EMPLOYS AND EACH THIRD PARTY CLIENT WITH WHOM
IT HAS A CONTRACT WITHIN TWENTY-FOUR HOURS OF ANY DENIAL, SUSPENSION, OR
REVOCATION OF ITS REGISTRATION BY THE DEPARTMENT. ALL CONTRACTS BETWEEN
ANY DAY AND TEMPORARY LABOR SERVICE PROVIDER AND ANY THIRD PARTY CLIENT
SHALL BE CONSIDERED NULL AND VOID FROM THE DATE ANY SUCH DENIAL, SUSPEN-
SION, OR REVOCATION OF REGISTRATION BECOMES EFFECTIVE AND UNTIL SUCH
TIME AS THE DAY AND TEMPORARY LABOR SERVICE PROVIDER BECOMES REGISTERED
AND CONSIDERED IN GOOD STANDING BY THE DEPARTMENT. UPON REQUEST, THE
DEPARTMENT SHALL PROVIDE TO A THIRD PARTY CLIENT A LIST OF ENTITIES
REGISTERED AS DAY AND TEMPORARY LABOR SERVICE PROVIDERS. THE DEPARTMENT
SHALL PROVIDE ON THE INTERNET A LIST OF ENTITIES REGISTERED AS DAY AND
TEMPORARY LABOR SERVICE PROVIDERS. A THIRD PARTY CLIENT MAY RELY ON
INFORMATION PROVIDED BY THE DEPARTMENT OR MAINTAINED ON THE DEPARTMENT'S
WEBSITE PURSUANT TO THIS ARTICLE AND SHALL BE HELD HARMLESS IF SUCH
INFORMATION MAINTAINED OR PROVIDED BY THE DEPARTMENT WAS INACCURATE. ANY
THIRD PARTY CLIENT THAT VIOLATES THIS PROVISION OF THIS ARTICLE IS
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS. EACH DAY
DURING WHICH A THIRD PARTY CLIENT CONTRACTS WITH A DAY AND TEMPORARY
LABOR SERVICE PROVIDER NOT REGISTERED UNDER THIS ARTICLE SHALL CONSTI-
TUTE A SEPARATE AND DISTINCT OFFENSE.
B. IF A THIRD PARTY CLIENT LEASES OR CONTRACTS WITH A DAY AND TEMPO-
RARY SERVICE PROVIDER FOR THE SERVICES OF A DAY OR TEMPORARY LABORER,
THE THIRD PARTY CLIENT SHALL SHARE ALL LEGAL RESPONSIBILITY AND LIABIL-
ITY FOR THE PAYMENT OF WAGES.
S 199-M. CHECK CASHING; NOTICE OF FEES. 1. A CHECK CASHING SERVICE
THAT IS A DAY AND TEMPORARY LABOR SERVICE PROVIDER OR IS OPERATING WITH-
IN THE OFFICE OF A DAY AND TEMPORARY LABOR SERVICE PROVIDER SHALL NOT
CHARGE A DAY OR TEMPORARY LABORER AN AMOUNT IN EXCESS OF TWO DOLLARS FOR
CASHING A CHECK OR PAYMENT INSTRUMENT THAT IS ISSUED BY THE PROVIDER.
2. NO FEES MAY BE CHARGED FOR CASHING A CHECK OR PAYMENT INSTRUMENT
UNLESS THE DAY OR TEMPORARY LABORER:
A. IS GIVEN THE OPTION OF BEING PAID WITH A CHECK OR PAYMENT INSTRU-
MENT THAT IS PAYABLE WITHOUT A FEE AT A LOCAL FINANCIAL INSTITUTION; AND
B. VOLUNTARILY ELECTS TO CASH THE CHECK OR PAYMENT INSTRUMENT AT THE
DAY AND TEMPORARY LABOR SERVICE PROVIDER OR AT A CHECK CASHING SERVICE
OPERATING WITHIN THE OFFICE OF THE DAY AND TEMPORARY LABOR SERVICE
PROVIDER.
3. A DAY AND TEMPORARY LABOR SERVICE PROVIDER OR A CHECK CASHING
SERVICE THAT IS A DAY AND TEMPORARY LABOR SERVICE PROVIDER OR IS OPERAT-
ING WITHIN THE OFFICE OF A DAY AND TEMPORARY LABOR SERVICE PROVIDER
SHALL POST NOTICES IN THE AREA WHERE CASHING OF CHECKS OR PAYMENT
INSTRUMENTS OCCURS. THE NOTICES SHALL BE CLEARLY VISIBLE AND EASILY
READABLE AND SHALL STATE THE FEE FOR CASHING A CHECK OR PAYMENT INSTRU-
MENT. NOTICES SHALL BE POSTED IN ENGLISH, SPANISH AND ANY OTHER WRITTEN
LANGUAGE WHERE A HIGH PERCENTAGE OF THE WORKERS SPEAK THAT LANGUAGE.
S 199-N. RETALIATION. 1. IT IS A VIOLATION OF THIS ARTICLE FOR A DAY
AND TEMPORARY LABOR SERVICE PROVIDER OR THIRD PARTY CLIENT, OR ANY AGENT
OF A DAY AND TEMPORARY LABOR SERVICE PROVIDER OR THIRD PARTY CLIENT, TO
RETALIATE THROUGH DISCHARGE OR IN ANY OTHER MANNER AGAINST ANY DAY OR
TEMPORARY LABORER FOR EXERCISING ANY RIGHTS GRANTED UNDER THIS ARTICLE.
SUCH RETALIATION SHALL SUBJECT A DAY AND TEMPORARY LABOR SERVICE PROVID-
ER OR THIRD PARTY CLIENT, OR BOTH, TO CIVIL PENALTIES PURSUANT TO THIS
ARTICLE OR A PRIVATE CAUSE OF ACTION.
A. 4371 13
2. IT IS A VIOLATION OF THIS ARTICLE FOR A DAY AND TEMPORARY LABOR
SERVICE PROVIDER OR THIRD PARTY CLIENT TO RETALIATE AGAINST A DAY OR
TEMPORARY LABORER FOR:
A. MAKING A COMPLAINT TO A DAY AND TEMPORARY LABOR SERVICE PROVIDER,
TO A THIRD PARTY CLIENT, TO A CO-WORKER, TO A COMMUNITY ORGANIZATION,
BEFORE A PUBLIC HEARING, OR TO A STATE OR FEDERAL AGENCY, THAT RIGHTS
GUARANTEED UNDER THIS ARTICLE HAVE BEEN VIOLATED;
B. CAUSING TO BE INSTITUTED ANY PROCEEDING UNDER OR RELATED TO THIS
ARTICLE; OR
C. TESTIFYING OR PREPARING TO TESTIFY IN AN INVESTIGATION OR PROCEED-
ING UNDER THIS ARTICLE.
S 199-O. PRIVATE RIGHT OF ACTION. 1. A PERSON AGGRIEVED BY A VIOLATION
OF THIS ARTICLE OR ANY RULE OR REGULATION ADOPTED THERETO BY A DAY AND
TEMPORARY LABOR SERVICE PROVIDER OR A THIRD PARTY CLIENT MAY FILE SUIT
IN A COURT OF COMPETENT JURISDICTION IN THE STATE, IN THE COUNTY WHERE
THE ALLEGED OFFENSE OCCURRED OR WHERE ANY DAY OR TEMPORARY LABORER WHO
IS PARTY TO THE ACTION RESIDES, WITHOUT REGARD TO EXHAUSTION OF ANY
ALTERNATIVE ADMINISTRATIVE REMEDIES PROVIDED IN THIS ARTICLE. ACTIONS
MAY BE BROUGHT BY ONE OR MORE DAY OR TEMPORARY LABORERS FOR AND ON
BEHALF OF THEMSELVES AND OTHER DAY OR TEMPORARY LABORERS SIMILARLY SITU-
ATED. A DAY OR TEMPORARY LABORER WHOSE RIGHTS HAVE BEEN VIOLATED UNDER
THIS ARTICLE BY A DAY AND TEMPORARY LABOR SERVICE PROVIDER OR A THIRD
PARTY CLIENT IS ENTITLED TO COLLECT:
A. IN THE CASE OF A HEALTH AND SAFETY OR NOTICE VIOLATION, COMPENSATO-
RY DAMAGES AND AN AMOUNT UP TO FIVE HUNDRED DOLLARS FOR EACH VIOLATION
OF THIS ARTICLE;
B. IN THE CASE OF UNLAWFUL RETALIATION, ALL LEGAL OR EQUITABLE RELIEF
AS MAY BE APPROPRIATE; AND
C. IN ALL CASES, THE DAY OR TEMPORARY LABORER MUST BE AWARDED REASON-
ABLE ATTORNEY'S FEES AND COURT COSTS.
2. THE RIGHT OF AN AGGRIEVED PERSON TO BRING AN ACTION UNDER THIS
SECTION TERMINATES UPON THE PASSING OF THREE YEARS FROM THE FINAL DATE
OF EMPLOYMENT BY THE DAY AND TEMPORARY LABOR SERVICE PROVIDER OR THE
THIRD PARTY CLIENT. THIS LIMITATIONS PERIOD IS TOLLED IF A DAY AND
TEMPORARY LABOR SERVICE PROVIDER OR THIRD PARTY CLIENT HAS DETERRED A
DAY OR TEMPORARY LABORER'S EXERCISE OF RIGHTS UNDER THIS ARTICLE BY
CONTACTING OR THREATENING TO CONTACT LAW ENFORCEMENT AGENCIES.
S 4. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly the addition, amendment, and/or repeal of any rule or regulation
necessary for the timely implementation of this act on its effective
date is hereby authorized and directed to be made on or before such
effective date.