Bill Text: CT SB00349 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Concerning Employment Agencies And Written Job Orders.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-06-04 - Senate Recommitted to Labor and Public Employees [SB00349 Detail]
Download: Connecticut-2013-SB00349-Comm_Sub.html
General Assembly |
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January Session, 2013 |
*_____SB00349LAB___031913____* |
AN ACT CONCERNING EMPLOYMENT AGENCIES AND WRITTEN JOB ORDERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 31-129 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
As used in this chapter:
[(a)] (1) "Person" includes persons or a company, society, association, limited liability company or corporation;
[(b)] (2) "Employment agency" includes the business of procuring or offering to procure work or employment for persons seeking employment, or acting as agent for procuring such work or employment where a fee or other valuable thing is exacted, charged or received for procuring or assisting to procure employment, work or a situation of any kind or for procuring or providing help for any person;
[(c)] (3) "To accept or obtain employment, work or a situation" means to enter upon the duties of that employment, work or situation, with resulting remuneration for the same;
[(d)] (4) "Emigrant agent" means any person who, on behalf of an employment agency and for a fee, procures or attempts to procure domestic or household employment in Connecticut for persons outside the state seeking such employment, or domestic or household employees from outside the state for employers in the state seeking the services of such employees;
[(e)] (5) "Temporary help service" means any person conducting a business which consists of employing individuals directly for the purpose of furnishing for a fee part-time or temporary help to [others] any person.
Sec. 2. Subsection (c) of section 31-130 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(c) The provisions of this chapter shall not apply (1) to any temporary help service, to any nonprofit registry conducted by incorporated individual alumni associations or registered nurses or to any registry conducted by a hospital for private duty placement of nurses employed by such hospital, or (2) to any person engaged in the business of procuring or offering to procure employees for persons seeking the services of employees or supplying employees to render services where a fee or other valuable thing is exacted, charged or received from the employer for procuring or assisting to procure or supplying such employees, except as provided in section 31-131a, as amended by this act, and subsection (i) of this section.
Sec. 3. Section 31-131a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) No licensed person shall impose any fee for registration or exact a fee from any applicant except for employment obtained directly through the effort of such agency.
(b) No person shall display, on any sign or window or in any publication, the name "The Connecticut Free Public Employment Bureau", or a name similar thereto.
(c) No licensed person shall charge any fee except in accordance with the agency's schedule of fees which is on file with the commissioner. Such schedule of fees may be changed by an agency only after fifteen days' notice of submission of rates by registered or certified mail in writing to the commissioner.
(d) No owner, officer or employee of an agency shall divide, or offer to divide, directly or indirectly, any fee charged or received with any person who secures workers through such agency, or to whom workers are referred by such agency.
(e) No fee may be exacted by the agency from an applicant who has obtained work with an employer to whom he was referred by an agency unless such applicant obtains such work within six calendar months following his last referral to that employer by the agency, or has voluntarily renewed his application immediately prior to expiration of the stated period; but this provision shall not apply to those professional, executive or technical classifications which require for proper performance of the work either extensive experience and education or experience of such scope and character as to require a longer period of exploration for job placement and the applicants for which indicate, upon application, that a fee shall be payable if such applicant obtains work with an employer to whom he was referred by the agency within one year of his last referral to such employer by the agency. Nothing in this section shall be construed as prohibiting the charging by a nurses' registry of a single, annual fee in lieu of a separate charge for each engagement supplied, provided that amount of any fee paid which exceeds ten per cent of the remuneration earned through the services of the registry shall be returned on demand.
(f) No licensed person shall send any applicant for employment to a place where a strike or lockout exists without furnishing such applicant with a written statement as to the existence of such strike or lockout, a copy of which, signed by the applicant, shall be kept on file for one year after the date thereof.
(g) No such licensed person shall send or cause to be sent any help to a place of bad repute, house of ill-fame or assignation house or to a house or place of amusement kept for immoral purposes.
(h) No such licensed person shall publish or cause to be published any false or fraudulent notice or advertisement or knowingly give any false information concerning the character of the prospective job, length of employment, hours or salary or make any false promise relating to work or employment to anyone who registers for employment.
(i) No such licensed person shall make any false entries in the records kept by him.
(j) No such licensed person shall publish or cause to be published any notice or advertisement relating to employment which does not include the following identification: The trade name of the agency and the words "FEE PAID" if there is no charge to the applicant for employment; the trade name of the agency, and the words "APPLICANT PAID" if there is a charge to the applicant for employment.
(k) Each employment agency and temporary help service shall furnish in writing to each applicant referred for employment or assignment through such agency or service, prior to such applicant beginning such employment or assignment:
(1) A statement of the applicant's right to workers' compensation benefits and the employer's workers' compensation carrier's name, address and telephone number;
(2) A copy of every contract executed between the employment agency or temporary help service and such applicant;
(3) A receipt for every fee paid by such applicant to the employment agency or temporary help service; and
(4) (A) A multi-lingual job order concerning the employment or assignment that includes: (i) The name of such agency or service and the address of its principal location; (ii) a description of the employment relationship between such agency or service and the applicant; (iii) the name, address and telephone number of the individual to whom the applicant shall report to for such employment or assignment; (iv) the name and address of the employer; (v) the kind and character of employment or assignment, including, but not limited to, any requirements for special attire, accessories, safety or health equipment, or training or licenses; (vi) whether the applicant will require special training to engage in such employment or assignment; (vii) the rate of wages or compensation, including any benefits, to be paid for the employment or assignment; (viii) the expected duration of the employment or assignment, including daily starting time, anticipated end time and anticipated overtime, if any; (ix) whether the agency or service or employer shall provide meals; and (x) whether the agency or service offers transportation to the worksite of the employer and the cost of such transportation, if any.
(B) Nothing in subparagraph (A) of this subdivision shall be construed as prohibiting an employment agency or temporary help service from confirming an applicant's employment or assignment by telephone, provided such telephone conversation or message shall comply with the disclosure requirements of subparagraph (A) of this subdivision and shall be confirmed in writing by such agency or service and provided to the applicant not later than seventy-two hours after the beginning of the employment or assignment. A copy of such confirmation shall be kept by such agency or service for not less than three years after the date such applicant began his or her employment or assignment. The provisions of this subparagraph shall not apply where an applicant is recruited by an employment agency or temporary help service for, or seeks information from an employment agency or temporary help service about, any employment or assignment with an employer engaged in professional, scientific or technological services as classified in Sector 54 of the North American Industry Classification System.
Sec. 4. (NEW) (Effective October 1, 2013) An employment agency or temporary help service shall keep an original or duplicate copy of each contract, receipt for applicant fees or record entered into or generated pursuant to an applicant's employment or assignment for not less than three years after the date on which such applicant began his or her employment or assignment. Such original or duplicate copies shall be made available for inspection by the Labor Commissioner, or said commissioner's designee, upon said commissioner's request.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2013 |
31-129 |
Sec. 2 |
October 1, 2013 |
31-130(c) |
Sec. 3 |
October 1, 2013 |
31-131a |
Sec. 4 |
October 1, 2013 |
New section |
Statement of Legislative Commissioners:
In subdivisions (2) and (3) of subsection (k) of section 3, "temporary help service" was added for accuracy.
LAB |
Joint Favorable Subst. -LCO |