SB1210 - 541R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 23, chapter 3, Arizona Revised Statutes, is amended by adding article 5, to read:

ARTICLE 5. TEMPORARY EMPLOYEE BILL OF RIGHTS

START_STATUTE23-581. Definitions

In this article, unless the context otherwise requires:

1. "Temporary services employer" has the same meaning prescribed in section 23-614. A temporary services employer does not include a professional employer organization as defined in section 23-561.

2. "Work site employer" means any person, partnership, corporation, limited liability company or other legally recognized entity that contracts with a temporary services employer to obtain a temporary employee. END_STATUTE

START_STATUTE23-582. Notices and disclosures to temporary employees; language; hiring by telephone

A. A temporary services employer shall provide each temporary employee with the following notices and disclosures on the date of hire and each time an employee is placed in a new work assignment, including renewed, extended or repeated work assignments for the same work site employer:

1. The name, telephone number, address and operating hours of the temporary services employer and the name and telephone number of the agent facilitating the placement. If the temporary services employer does not maintain a physical business address, walk-in office, dispatch location or day-labor hall, the temporary services employer shall provide a telephone number at which and the hours that an agent of the temporary services employer may be contacted.

2. The name, telephone number and address of the work site employer.

3. The duration and hours of the work assignment, including the start date, the anticipated end date, the daily start and end times, the days on which the assigned work will be performed and whether there is any possibility of overtime work or an extension of the work assignment past the anticipated end date.

4. The wage rates and compensation, including any benefits to be paid for the work assignment, the overtime pay rate and the designated payday.

5. A detailed description of the work assignment and whether the temporary EMPLOYEE must have or receive special training or licensing, as required by law, to perform the assigned work and any requirement for special attire, accessories, tools or safety equipment.

6. A complete and accurate description of any work site hazards that the temporary employee may become exposed to, or the name and telephone number of a person at the work site who can provide a complete and accurate description of any work site hazards.

7. A list of protective equipment, including personal protective equipment, that the temporary services employer or work site employer will provide at no cost to the temporary employee.

8. A statement of the temporary employee's right to workers' compensation benefits and the name and telephone number of the temporary services employer's or work site employer's insurance carrier, unless the temporary services employer or work site employer is a self-insured employer.

9. A statement that the temporary services employer is considered the employer of the temporary employee pursuant to section 23-614, subsection E for the purposes of unemployment insurance.

10. If the temporary services employer or the work site employer provides transportation to the work site, The cost of the transportation, if any, and whether the work site is accessible by public or personal transportation.

11. Whether the temporary services employer or the work site employer provides meals and the cost of the meals, if any.

B. The notices and disclosures required in this section shall be written in English and any other languages that are generally used in the area in which The temporary services employer or the work site employer is located. The temporary services employer shall maintain copies of all the notices and disclosures required by this section for a period of one year and shall make available the notices and disclosures for inspection by any affected temporary employee, without charge, within ten days after the request.

C. This section does not prohibit a temporary services employer from hiring a temporary employee by telephone. Any telephone message must comply with the notice and disclosure requirements in this section. The temporary services employer shall include the notices and disclosures with the temporary employee's first payment of wages or before the date of the first payment of wages if requested by the temporary employee. END_STATUTE

START_STATUTE23-583. Compensation; transportation reimbursement; itemized statement; earnings summary

A. A temporary employee shall start to receive compensation at the time the employee is selected to fill a work assignment.

B. A temporary services employer shall provide a temporary employee with compensation that is consistent with chapter 2, article 8 of this title.

C. A temporary services employer shall:

1. Reimburse each temporary employee who uses the employee's own vehicle for transportation to a work site for the fair market value of the use, including the value of transporting other employees to the work site in the vehicle.

2. At the time of each payment of wages, provide each temporary employee a written itemized statement showing the dates worked, hours worked on each date, wage rate, total amount of wages paid and each deduction made from the wages. The name, telephone number and address of the temporary services employer shall be printed on each page of the statement.

3. Provide each temporary employee with an annual earnings summary within a reasonable period of time after the end of the preceding calendar year, but not later than February 1. END_STATUTE

START_STATUTE23-584. Prohibited charges and deductions for items and services

A. A temporary services employer or work site employer may not charge a temporary employee for any of the following items or services:

1. Registering with the temporary services employer or the cost of procuring employment.

2. Safety equipment, clothing, tools, accessories, training or any other items required by the nature of the work either by law, by custom or as a requirement of the work site employer.

3. Directly or indirectly cashing a temporary employee's check.

4. If the temporary services employer provides a meal or transportation to the work site, more than the actual cost of providing the meal or transportation. The purchase of a meal or transportation may not be a condition of employment.

B. For items, other than those provided in subsection A of this section, that the temporary services employer makes available for purchase, the temporary services employer may not charge the temporary employee more than the actual cost of the items to the labor pool or the fair market value, whichever is less.

C. A temporary services employer may charge the temporary employee the fair market value of items temporarily provided to the temporary employee by the temporary services employer if the temporary employee wilfully fails to return the items to the temporary services employer. The temporary services employer may not charge the temporary employee for items damaged through ordinary use or lost through no fault of the temporary employee. END_STATUTE

START_STATUTE23-585. Prohibited practices; civil penalty; assessment

A. Only twenty percent of a work site employer's employees may be temporary employees.

B. A temporary services employer or a work site employer may not discharge, reduce the compensation of or otherwise discriminate against any temporary employee for making a complaint of a violation of this article or for using any civil remedies to enforce the temporary employee's rights.

C. Any person, temporary services employer or work site employer who violates this article is subject to a civil penalty not to exceed $500 per temporary employee for each day the violation continues. The industrial commission of Arizona shall impose and collect civil penalties under this subsection and shall deposit, pursuant to sections 35-146 and 35-147, all civil penalties collected pursuant to this section in the state general fund.

D. Any penalties for violations of this article shall be assessed against the temporary services employer or the work site employer based on the commensurate level of control of the work site and each party's responsibility for compliance with the applicable violation. END_STATUTE

Sec. 2. Short title

Title 23, chapter 3, article 5, Arizona Revised Statutes, as added by this act, may be cited as the "Temp Workers' Bill of Rights".