Chapter 191
2004 --
S 3003
Enacted
06/25/04
A N A C T
RELATING
TO LABOR AND LABOR RELATIONS -- TRANSPORTATION OF WORKERS
Introduced
By: Senators Pichardo, Connors, Paiva-Weed, and Ruggerio
Date
Introduced: March 30, 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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LC03066
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