D. The method of computing compensation, the amount of compensation and benefits to be provided for the work and the rate of pay for overtime work;

E. The hourly rate and any fees or charges paid or payable to the temporary services company by or on behalf of the client with respect to the work to be performed;

F.__If transportation is to be provided to the work site, whether by the temporary services company or its client, the cost of the transportation, if any, whether the work site is accessible by public or personal transportation and the approximate commute time to and from the pick up site to the work site;

G.__The duration of the work to be performed by the temporary worker, including the time of day the work begins and ends, the schedule of days on which work is performed, the end date of the work and whether overtime work or an extension of the termination date is possible;

H.__A complete and accurate description of hazards to which the temporary worker may become exposed at the work site, including any hazardous materials the worker may be required to use or handle and any physical conditions or work practices that do not comply with applicable occupational health and safety standards;

I.__Whether a meal is provided by the temporary services company or the client and the cost of the meal, if any, to the temporary worker; and

J.__Whether the temporary worker will be charged for use of special attire, accessories, tools or safety equipment and, if so, how much.

2.__Manner and timing of notice.__The temporary services company shall provide the notice required in subsection 1 by posting it in the office where temporary workers are required to appear for assignment to work or for payment of compensation.__If there is no such office, the company shall provide a copy of the notice to each temporary worker seeking work.

3.__Information about specific job assignment.__The information specified in subsection 1 regarding a specific job assignment must be given to each temporary worker for each job

assignment, even if the assignment is with the same client as a prior job assignment of that worker.

4.__Form of notice.__The notice required under this section must be written in English and in any other language or languages that are generally used in the locale of the temporary services company or its clients.__The temporary services company must keep copies of the notices required in this section on file for a period of one year and these copies must be made available for inspection by any affected temporary worker.__The temporary services company shall provide a copy of the notice, without charge, to a temporary worker who requests a copy, within 10 days of the worker's request for the copy.

§874.__Compensation

1.__Form of compensation.__A temporary services company shall compensate temporary workers for work performed in the form of cash or commonly accepted negotiable instruments payable in cash on demand at a financial institution, without discount, regardless of the form or manner of payment.

2.__Amount of compensation.__Except as provided in subsection 3, a temporary services company shall pay to a temporary worker at least the greater of the state minimum wage and the federal minimum wage.

A.__At the time of each payment of wages, the temporary services company shall furnish each worker a written itemized statement showing each deduction made from the wages.__The statement must also specify the hourly rate and any other fees or charges paid or payable to the temporary services company or by or on behalf of the client with respect to the hours compensated by that wage payment.

B.__In no event may deductions other than those permitted by federal or state law result in payment below the minimum wage for the hours worked.

3.__Equivalent pay for equivalent services.__If a temporary worker has been employed by a client company for 90 days or more, continuously or not, the temporary services company shall pay to the temporary worker compensation and benefits that are equal to the compensation and benefits paid to employees of the client company who are performing substantially equivalent work.__This subsection does not apply to a temporary worker who earns more than employees of the client, unless the temporary employee has replaced a client company employee who is on strike or who has been locked out by the client company during a labor dispute.

4.__Statement of earnings.__A temporary services company shall provide each worker with an annual earnings summary within a reasonable period of time after the end of the preceding calendar year, but no later than February 1st.

§875.__Protections for temporary workers

1.__Facilities.__If a temporary services company operates an office at which temporary workers are required to appear for job assignments, the company shall provide restroom facilities, drinking water and sufficient seating to accommodate workers waiting at the office for job assignments.

2.__Insurance for transportation vehicles.__A temporary services company shall insure any motor vehicle owned or operated by the company and used for the transportation of temporary workers.

3.__Permanent placements.__A temporary services company may not restrict the right of a temporary worker to accept a permanent position with a client company or restrict the right of a client to offer permanent employment to a temporary services worker.__This subsection does not restrict a temporary services company from receiving a reasonable placement fee from the client.

4.__Advertisements and representations.__A temporary services company may not make or give, or cause to be made or given, a false, misleading, or deceptive advertisement, information or representation concerning services, compensation or benefits or job opportunities that the company will provide to temporary workers.__An advertisement of a temporary services company must contain the correct name of the company and either the street address of the company's place of business or the correct telephone number of the company at its place of business.

5.__Discrimination against workers for asserting rights.__A temporary services company or a client company may not discharge, reduce compensation of or otherwise discriminate against any employee for making a complaint of a violation of this subchapter, participating in proceedings under this subchapter, using remedies to enforce the worker's rights, or otherwise asserting rights under this subchapter.

§876.__Limitations on charges and deductions

1.__Prohibitions.__A temporary services company may not charge a temporary worker for safety equipment, clothing, tools, accessories or other item required for the work by law, custom or company requirements.__A temporary services company may not

charge a temporary worker for cashing the worker's paycheck, directly or indirectly.

2.__Limitations on permitted charges.__A temporary services company may impose charges under the conditions specified in this subsection.

A.__A temporary services company may charge a reasonable amount for transporting the worker to or from the designated work site, but the amount charged may not exceed the prevailing rate for public transportation in the area of the work site.

B.__If a meal is provided at the work site, the temporary services company may charge the actual cost of providing a meal to the worker.__The temporary services company may not require the purchase of a meal as a condition of employment.

C.__Notwithstanding subsection 1, a temporary services company may charge a temporary worker for items temporarily provided to the worker if the worker willfully fails to return the items to the company.__The charge may not exceed the market value of the item.__A charge may not be imposed for items damaged through ordinary use or lost through no fault of the temporary worker.

D.__A temporary services company may charge a temporary worker for items provided other than those specified in subsection 1.__The charge may not exceed the actual cost of the item to the company or the market value, whichever is less.

§877.__Enforcement penalty

1.__Violation.__A temporary services company that violates this subchapter commits a civil violation for which a forfeiture of not less than $100 nor more than $500 for each violation may be adjudged.

2.__Civil action.__An action may be brought by the injured party, the Attorney General or the Department of Labor.

3.__Waivers unenforceable; attempt to obtain waiver prohibited.__A waiver by a temporary worker of the provisions of this subchapter is contrary to public policy and is void and unenforceable.__An attempt by a temporary services company or its client company to have a temporary worker waive rights provided by this subchapter constitutes a violation of this subchapter.

SUMMARY

This bill protects temporary workers by regulating practices of temporary services companies and by requiring full disclosure of wages, charges, work hours and other work conditions prior to assigning temporary workers to a job. The bill requires that a temporary worker who has worked for a client employer for 90 days or more be provided the same compensation and benefits as permanent employees of the client employer.