Chapter 04-023

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - TRANSPORTATION OF WORKERS

Introduced By: Representatives Williams, Almeida, Slater, Ajello, and Tejada

Date Introduced: February 12, 2004

It is enacted by the General Assembly as follows:

SECTION 1. Title 28 of the General Laws entitled "Labor and Labor Relations" is

hereby amended by adding thereto the following chapter:

CHAPTER 6.11

EMPLOYER TRANSPORTATION SERVICE CHARGE

28-6.11-1. Definition. - - When used in the chapter:

(1) Employer: For the purpose of this chapter, employer shall be defined as any

individual, company, corporation, partnership, limited liability company or limited liability

partnership that operates as a temporary placement staffing agency. The term shall include any

employment agency as defined in chapter 6.10 of title 28.

(2) Employee: For the purpose of this chapter, employee shall be defined as any person

working either full or part time for, or obtaining employment pursuant to an agreement with, any

temporary placement staffing agency.

28-6.11-2. Transportation service charge prohibited. - - Except as otherwise provided

in section 28-6.11-3, no employer, as herein defined in section 28-6.11-1, or agent of a temporary

placement staffing agency shall: (a) require its employee to provide transportation to other

employees as a condition of employment; (b) charge an employee for transport services provided

to that employee; or (c) charge or collect fees from its employees for transportation services

provided by other employees, the employer, or by a subcontracted transportation company.

28-6.11-3. Transportation activities not prohibited. - - (a) Any employer as defined

in section 28-6.11-1(1) may purchase public transportation bus passes and deduct not more than

fifty percent (50%) of the actual cost of the bus pass from an employee’s total daily wages,

provided, however, that employee participation in an employer public transportation bus pass

program shall be strictly voluntary and shall require the express written authorization of the

employee, in the employee's primary language.

(b) Any employer, as defined in section 28-6.11-1(1), may offer transportation services to

an employee and charge a fee, payable to the employer only, for such services provided the

amount charged is not more than the actual cost to transport such employee and the amount does

not exceed three dollars ($3.00) per day. Employee participation in an employer transportation

program shall be strictly voluntary and shall require the express written authorization of the

employee, in the employee's primary language.

28-6.11-4. Penalty. - - Upon determining that a person or entity has violated this

chapter, the director of the department of labor and training shall send a written notice of the

violation along with a copy of this section. Upon a determination by the director that a subsequent

violation of this chapter by a person or entity has occurred within three (3) years of the first

violation, said person or entity shall be subject to a one thousand five hundred dollars ($1,500)

fine. For a third violation within three (3) years, the fine may not exceed two thousand dollars

($2,000). Any violations occurring more than three (3) years from the date of a previous violation

shall be considered a first violation.

SECTION 2. This act shall take effect upon passage.

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LC02150

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