S T A T E   O F   N E W   Y O R K
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                                  4371

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced by M. of A. HEASTIE, PERALTA -- read once and referred to the
  Committee on Labor

AN  ACT  to amend the labor law, in relation to establishing the day and
  temporary labor services act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act shall be known and may be cited as the "day and
temporary labor services act".
  S 2. Legislative findings. The legislature finds that  recent  studies
and a survey of low-wage day or temporary laborers show that as a group,
they are particularly vulnerable to abuse of their labor rights, includ-
ing  unpaid wages, failure to pay for all hours worked, minimum wage and
overtime violations, and unlawful deduction from pay for  meals,  trans-
portation,  equipment,  and  other  items.  Current law is inadequate to
protect the labor and employment rights of these workers.
  S 3. The labor law is amended by adding a new article 6-A to  read  as
follows:
                               ARTICLE 6-A
                  DAY AND TEMPORARY LABOR SERVICES ACT
SECTION 199-B. DEFINITIONS.
        199-C. EMPLOYMENT OF STRIKEBREAKERS PROHIBITED.
        199-D. EXEMPTIONS.
        199-E. EMPLOYMENT NOTICE.
        199-F. RECORDKEEPING.
        199-G. MEALS, TRANSPORTATION, AND EQUIPMENT.
        199-H. WAGE PAYMENT AND NOTICE.
        199-I. PUBLIC ACCESS AREA.
        199-J. WORK RESTRICTION.
        199-K. REGISTRATION.
        199-L. VIOLATIONS, ENFORCEMENT, AND PENALTIES.
        199-M. CHECK CASHING; NOTICE OF FEES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06711-01-9
              

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        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

A. 4371                             3

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.

A. 4371                             4

  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;

A. 4371                             5

  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

A. 4371                             7

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.

A. 4371                             8

  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.