[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2298 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2298

   To provide certain temporary employees with the same benefits as 
                          permanent employees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 1999

  Mr. Evans introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
   To provide certain temporary employees with the same benefits as 
                          permanent employees.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equity for Temporary Workers Act of 
1999''.

SEC. 2. TEMPORARY WORKER RIGHTS.

    (a) Discrimination.-- No employer shall discriminate with respect 
to wages, hours, and other terms and conditions of employment against 
any temporary employee.
    (b) Benefits.--After a temporary employee works for an employer for 
1,000 hours during a 12-month period, whether placed in the employ of 
such employer by the employer, by a temporary help agency or staffing 
firm, or under a leasing arrangement by a third party, such temporary 
employee shall be eligible to receive any benefit offered by the 
employer to other permanent employees.

SEC. 3. EQUAL PAY FOR TEMPORARY EMPLOYEES.

    (a) General Rule.--An employer having employees subject to section 
6 of the Fair Labor Standards Act of 1938 shall not discriminate, 
within any establishment in which such employees are employed, between 
employees on the basis of employment status by paying wages to 
temporary employees in such establishment at a rate less than the rate 
at which the employer pays wages to full-time employees in such 
establishment for equal work on jobs the performance of which requires 
equal skill, effort, and responsibility, and which are performed under 
similar working conditions, except where such payment is made pursuant 
to--
            (1) a seniority system;
            (2) a merit system;
            (3) a system that measures earning by quantity or quality 
        of production; or
            (4) a differential based on any other factor other than 
        employment status.
    (b) Wage Reduction.--An employer who is paying a wage rate 
differential in violation of this section shall not, in order to comply 
with the provisions of this section, reduce the wage rate of any 
employee.
    (c) Labor Organization.--No labor organization, or its agents, 
representing the employees of an employer having employees subject to 
section 6 of the Fair Labor Standards Act of 1938 shall cause or 
attempt to cause such an employer to discriminate against an employee 
in violation of this section.
    (d) Unpaid Wages.--For purposes of administration and enforcement, 
any amounts owing to any employee that have been withheld in violation 
of this section shall be deemed to be unpaid minimum wages or unpaid 
overtime compensation under section 5.
    (e) Definition.--As used in this section, the term ``labor 
organization'' means any organization of any kind, or any agency or 
employee representation committee or plan, in which employers 
participate and which exists for the purpose, in whole or in part, of 
dealing with employers concerning grievances, labor disputes, wages, 
rates of pay, hours of employment, or conditions of work.

SEC. 4. LIABILITY TO ALL PERSONS ON WORKSITE.

    Section 5(a)(1) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 654(a)(1)) is amended to read as follows:
            ``(1) shall, at the place of employment of the employer, 
        furnish to each person at such place a place which is free from 
        recognized hazards that are causing or are likely to cause 
        death or serious physical harm to such persons; and''.

SEC. 5. ENFORCEMENT.

    (a) Civil Action by Employees.--
            (1) Liability.--Any employer who violates section 2 or 3 
        shall be liable to any eligible employee affected--
                    (A) for damages equal to--
                            (i) the amount of any wages, salary, 
                        employment benefits, or other compensation 
                        denied or lost to such employee by reason of 
                        the violation;
                            (ii) the interest on the amount described 
                        in clause (i) calculated at the prevailing 
                        rate; and
                            (iii) an additional amount as liquidated 
                        damages equal to the sum of the amount 
                        described in clause (i) and the interest 
                        described in clause (ii), except that if an 
                        employer who has violated section 2 or 3 proves 
                        to the satisfaction of the court that the act 
                        or omission which violated such section was in 
                        good faith and that the employer had reasonable 
                        grounds for believing that the act or omission 
                        was not a violation of such section, such court 
                        may, in the discretion of the court, reduce the 
                        amount of the liability to the amount and 
                        interest determined under clauses (i) and (ii), 
                        respectively; and
                    (B) for such equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (2) Right of action.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) may be maintained 
        against any employer (including a public agency) in any Federal 
        or State court of competent jurisdiction by any one or more 
        employees for and in behalf of--
                    (A) the employees; or
                    (B) the employees and other employees similarly 
                situated.
            (3) Fees and costs.--The court in such an action shall, in 
        addition to any judgment awarded to the plaintiff, allow a 
        reasonable attorney's fee, reasonable expert witness fees, and 
        other costs of the action to be paid by the defendant.
            (4) Limitations.--The right provided by paragraph (2) to 
        bring an action by or on behalf of any employee shall 
        terminate--
                    (A) on the filing of a complaint by the Secretary 
                in an action under subsection (d) in which restraint is 
                sought of any further delay in the payment of the 
                amount described in paragraph (1)(A) to such employee 
                by an employer responsible under paragraph (1) for the 
                payment; or
                    (B) on the filing of a complaint by the Secretary 
                in an action under subsection (b) in which a recovery 
                is sought of the damages described in paragraph (1)(A) 
                owing to an eligible employee by an employer liable 
                under paragraph (1),
        unless the action described in subparagraph (A) or (B) is 
        dismissed without prejudice on motion of the Secretary.
    (b) Action by the Secretary.--
            (1) Administrative action.--The Secretary shall receive, 
        investigate, and attempt to resolve complaints of violations of 
        section 2 or 3 in the same manner that the Secretary receives, 
        investigates, and attempts to resolve complaints of violations 
        of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 206 and 207).
            (2) Civil action.--The Secretary may bring an action in any 
        court of competent jurisdiction to recover the damages 
        described in subsection (a)(1)(A).
            (3) Sums recovered.--Any sums recovered by the Secretary 
        pursuant to paragraph (2) shall be held in a special deposit 
        account and shall be paid, on order of the Secretary, directly 
        to each employee affected. Any such sums not paid to an 
        employee because of inability to do so within a period of 3 
        years shall be deposited into the Treasury of the United States 
        as miscellaneous receipts.
    (c) Limitation.--
            (1) In general.--Except as provided in paragraph (2), an 
        action may be brought under this section not later than 2 years 
        after the date of the last event constituting the alleged 
        violation for which the action is brought.
            (2) Willful violation.--In the case of such action brought 
        for a willful violation of section 2 or 3, such action may be 
        brought within 3 years of the date of the last event 
        constituting the alleged violation for which such action is 
        brought.
            (3) Commencement.--In determining when an action is 
        commenced by the Secretary under this section for the purposes 
        of this subsection, it shall be considered to be commenced on 
        the date when the complaint is filed.
    (d) Action for Injunction by Secretary.--The district courts of the 
United States shall have jurisdiction, for cause shown, in an action 
brought by the Secretary--
            (1) to restrain violations of section 2 or 3, including the 
        restraint of any withholding of payment of wages, salary, 
        employment benefits, or other compensation, plus interest, 
        found by the court to be due to eligible employees; or
            (2) to award such other equitable relief as may be 
        appropriate, including employment, reinstatement, and 
        promotion.
    (e) Solicitor of Labor.--The Solicitor of Labor may appear for and 
represent the Secretary on any litigation brought under this section.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Employee.--The term ``employee'' means any individual 
        who performs services for wages, salary, or other reimbursement 
        under any contract of hire, written or oral, express or implied 
        with an employer. This individual also works for an employer at 
        least 1,000 hours per year.
            (2) Employer.--The term ``employer'' means any person 
        engaged in commerce or in any industry or activity affecting 
        commerce who employs 100 or more employees for each working day 
        during each of 20 or more calendar workweeks in the current or 
        preceding calendar year.
            (3) Permanent employee.--The term ``permanent employee'' 
        means any individual who is hired for an indefinite period of 
        time as an employee and is accorded benefits.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (5) Temporary agency.--The term ``temporary agency'' means 
        any person regularly undertaking with or without compensation 
        to procure employees for an employer temporarily or to procure 
        for employees opportunities to work for an employer and 
        includes an agent of such a person.
            (6) Temporary employee.--The term ``temporary employee'' 
        means any employee who is not permanent.
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