Relating to the regulation of employment agencies and employers and making penalties applicable

This bill makes various modifications relating to regulation of employment agencies in this state by the labor commissioner. “Employment agency” is defined under current law as a person who brings together those desiring to employ and those desiring employment and who receives a fee, privilege, or other consideration directly or indirectly from an employee for the service. The bill requires an employment agency to provide to each employee referred for employment notice of certain information relating to the employment. The required information must be confirmed in writing and sent to the employee before the end of the employee’s first pay period by an employment agency, but any change to the initial terms of employment must be sent immediately. The bill requires an employment agency to post in each of the locations where it does business notice of the requirements of the bill and contact information for the labor commissioner. The bill requires the labor commissioner to prepare a sample notice for use by employers. The notice requirements do not prohibit an employment agency from directing an employee to employment by telephone, if the employment agency also provides the required notification at the same time. The notification requirements do not apply to a professional employee as defined in federal law or to an employee who is a secretary or administrative assistant who has certain specified duties.F. The bill places certain specified limitations on the fees an employment agency or employer can charge an employee for transportation services to or from a designated work site. The bill prohibits an employment agency from referring an employee for employment by force or fraud, for illegal purposes, or where the employment is in violation of state or federal law. The bill prohibits an employment agency from referring an employee for employment at any location that is on strike or lockout without first notifying the employee of such fact. The bill prohibits an employment agency or employer from charging or accepting a fee from an employee for any good or service unless under the terms of a written contract with the employee; the provision of a bank card, debit card, or similar form of payment or wages that exceeds the actual cost per employee; any drug test; any criminal history background check; transportation, except as provided in the bill; or any good or service the payment for which would cause the employee to earn less than the applicable minimum wage. The bill prohibits an employment agency or employer from deducting any costs or fees from the wages of an employee without the express written authorization of the employee. The bill prohibits an employment agency or employer from refusing to return on demand any personal property belonging to an employee or any fee or cost that is charged to the employee or accepted by the employment agency or employer in excess of the amounts allowable under Code chapter 94A. A violation of Code chapter 94A is a simple misdemeanor and is also cause for a civil penalty in an amount up to $2,000. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $65 but not more than $625 or by both.