AN ACT LIMITING THE AMOUNT OF FEES THAT STAFFING AGENCIES MAY CHARGE EMPLOYEES FOR TRANSPORTATION.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 27C of chapter 149
of the General Laws, as appearing in the 2000 Official Edition, is hereby amended
by inserting after the word "thereof", in lines 2 and 11, the following words:-,
or staffing agency or work site employer.
SECTION 2. Said section 27C of said chapter 149, as so appearing, is hereby
further amended by striking out, in lines 4 and 13, the words "or 148B" and
inserting in place thereof, in each instance, the following words:-, 148B or
SECTION 3. Section 150 of said chapter
149, as so appearing, is hereby amended by striking out, in line 22, the words
"or 152A" and inserting in place thereof the following words:-, 152A or 159C.
SECTION 4. Said chapter 149 is hereby further amended by inserting after section
159B the following section:-
Section 159C. (a) For purposes of this section, the following words shall have
the following meanings:-
"Employee", a person employed directly by a staffing agency to provide temporary
or part-time employment services to a work site employer or a person for whom
a staffing agency procures or arranges temporary or part-time employment with
a work site employer. "Employee" includes persons under 18 years of age engaged
in domestic service in the home of the employer or persons engaged in agricultural
"Employer", an individual, company, corporation or partnership acting in the
interest of an employer directly or indirectly.
" Employment", a trade, occupation or branch of industry, any particular
method or process used therein, and the service of any particular employer by
an employee as defined in this section, which shall include, but not be limited
to, private domestic service by persons under 18 years of age or service as
a farm laborer, including all practices connected with agriculture, the tillage
of the soil, the preparation and marketing of crops and the construction and
maintenance of farm property and equipment, customarily performed by a farmer
on a farm.
"Staffing agency", an individual, company, corporation or partnership that procures
or provides temporary or part-time employment to a person who then works under
the supervision or direction of a work site employer.
"Work site employer", an individual, company, corporation or partnership with
which a staffing agency contracts or otherwise agrees to furnish persons for
temporary or part-time employment.
(b)If a staffing agency or work site employer or a person acting directly or
indirectly in either's interest offers transportation services to an employee
and charges a fee for such services, the staffing agency or work site employer
shall charge such employee no more than the actual cost to transport such employee
to or from the designated work site. The fee, if any, to cover the transportation
service costs for each such employee shall not exceed 3 per cent of such employee's
total daily wages, and shall not reduce the employee's total daily wages below
the minimum wage earned for the day. If a staffing agency or work site employer
or a person acting directly or indirectly in either's interest requires the
use of such transportation services, no fee may be charged.
(c)No staffing agency or work site employer or a person acting directly or indirectly
in either's interest may deduct the costs for transportation services from the
wages of an employee without the express written authorization of the employee.
A staffing agency or work site employer shall furnish to the employee a copy
of the signed authorization in a language that the employee can understand.
(d) Whoever violates this section shall be punished or shall be subject to a
civil citation or order as provided in section 27C.