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  • Acts
  • 2002
  • Chapter 32 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, as follows:

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 159C.

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 service.

"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.

Approved February 13, 2002.