AN ACT AMENDING THE LABOR LAWS TO ENACT THE DAY LABORER PROTECTION ACT.
Enacts new Article 2B, Day Laborer Protection Act, in GS Chapter 95, providing as follows.
Defines day labor as work performed by a day laborer at a third-party client, the duration of which may be specific or undefined, pursuant to a contract or understanding between the day labor agency and the third-party client (excludes labor or employment of a professional or clerical nature).
Requires that when a day labor agency agrees to send a person to work as day laborers that the agency provide the laborer a statement containing: the day laborer's name; the name and nature of the work to be performed and the types of equipment, protective clothing, and training that are required; the wages offered; the name and address of the destination; terms of transportation, and whether a meal or equipment, or both, are provided, either by the day labor agency or the third-party client; and the cost of the meal and equipment, if any.
Requires that day labor agencies keep records of the specified information when it sends one or more persons to work as day laborers; records must be kept for three years and are open to inspection by the Department of Labor (Department) during normal business hours. Specifies record information that is to be available for review or copying by the day laborer.
Prohibits a day labor agency or third-party client from charging a day laborer for any meal not consumed by the laborer, and if consumed prohibits charging more than the cost of the meal. Prohibits a day labor agency or a third-party client or a contractor or agent of either from charging a fee to transport a day laborer to or from the work site. Allows the day laborer agency or third-party client to charge the day laborer the market value of any required safety equipment if it is not returned by the laborer. Prohibits charging more than the actual market value for any other equipment, clothing, accessories, or other items made available for purchase.
Requires a day labor agency to provide a day laborer, at the time of payment of wages, with a detailed itemized statement that lists the six categories of information. Requires providing an annual earnings summary. Prohibits using vouchers or any other method of payment that is not generally negotiable. Prohibits a day labor agency from charging a day laborer for cashing a check issued by the agency for wages earned by a day laborer who performed work through that agency. Also prohibits charging for conducting any consumer report, any criminal background check of any kind, or any drug test of any kind.
Requires that day laborers be paid no less than the wage rate established by GS 95-25.3. Prohibits the amount deducted for meals and equipment from causing a day laborer's hourly wage to fall below the State or federal minimum wage.
Requires that a day laborer contracted by a day labor agency to work at a third-party client's work site who is not used by the third-party client to be paid for at least four hours of pay at the agreed-upon rate.
Requires the Department to review a complaint filed by a licensed day labor agency. The Department shall review the payroll and accounting records of the day labor agency and the third-party client for the period in which the violation of this Article is alleged to have occurred to determine if wages and payroll taxes have been paid to the agency and that the day laborer has been paid the wages owed him or her.
Requires adequate seating in the day labor agency's public access areas, which is where required notices must be posted; also requires access to restrooms and water.
Prohibits a day labor agency from restricting the right of a day laborer to accept a permanent position with a third-party client to whom the day laborer has been referred for work or restrict the right of such third-party client to offer such employment to a day laborer.
Requires day labor agencies that are located, operate, or transact business within the state to register with the Department. Requires the list of agencies to be included on the Department's website, along with any actions taken against those agencies. Sets out additional requirements to be eligible for registration. Requires posting notices on how to file wage dispute complaints and other alleged violations.
Provides for administration and enforcement of the new Article.
Creates private rights of action for a person aggrieved by a violation of this Article or any rule adopted under this Article by a day labor agency or a third-party client or a day labor agency aggrieved by a violation of this Article or any rule adopted under this Article by a third-party client. Allows a day laborer whose rights have been violated under this Article by a day labor agency or a third-party client or a day labor agency whose rights have been violated under this Article by a third-party client to collect the specified types of compensation. Sets the statute of limitations. Provides for attorneys' fees in specified circumstances.
Includes a severability clause.
Amends GS 95-241 to prohibit retaliating against an employee for filing a claim or complaint under the new Article 2B.
Effective January 1, 2020.
© 2021 School of Government The University of North Carolina at Chapel Hill
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