Office of House Bill AnalysisH.B. 3342
By: Moreno, Joe E.
Business & Industry


Under current law, the rights of temporary workers are not clearly defined.
Also, there are few requirements for temporary employment services to meet
concerning temporary workers.  House Bill 3342 requires temporary
employment services to post notices containing all relevant job information
and prohibits the company from supplying temporary employees to a client
company involved in a labor dispute. 


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


House Bill 3342 amends the Labor Code relating to the rights of individuals
employed by  temporary employment companies.  The bill requires a temporary
employment company to post a notice listing all client companies at which
work is available through the temporary employment company and all relevant
information for the temporary job.  The bill requires such notices to be
written in English and any other language or languages that are generally
used in the locale or locales of the temporary employment service or its
clients. The bill requires copies of all notices to be kept on file for a
period of one year by the temporary services companies and requires the
notices to be made available, without charge, for inspection by any
affected temporary employee.  (Sec. 1.02). 

The bill provides that an individual who is a temporary employee for a
temporary help firm is deemed to have voluntarily quit employment without
good cause and thus be disqualified for unemployment compensation benefits
if the temporary employee did not contact the temporary help firm for
reassignment upon completion of an assignment.  The bill provides that if a
temporary employee completes an assignment and has indicated his or her
availability to accept a new assignment, but is not offered another
substantially equivalent assignment, the employee is eligible for
unemployment compensation benefits after a specified time period (Sec.

The bill prohibits a temporary employment service from:

_procuring workers to replace employees who are not working due to a labor

_sending or referring workers to any work site where a labor dispute is in

_sending or referring workers to a client company involved in a labor
dispute, for work that would normally be performed by the client company's
employees; or 

_sending or referring workers to a client company for work that the client
company is performing because of the existence of a labor dispute (Sec.
 The bill requires a temporary employment service to compensate temporary
employees with benefits and compensation equal to those received by
employees performing substantially equivalent work employed by the client
company if the temporary employee has been working for the client company
for a total of 90 days.  The bill requires a temporary employment service
to adhere to federal or state minimum wage requirements, to furnish each
worker with detailed wage deduction information, and to provide each worker
with an annual earnings summary (Sec. 1.03). 

The bill prohibits a temporary employment service from charging a temporary
employee for items required by the nature of the work.  The bill prohibits
a temporary employment services from charging an employee to cash the
employee's check (Sec.1.04).  The bill sets forth requirements for a
temporary employment service to ensure the protection of its employees,
including requirements for vehicle insurance, workers' compensation
insurance, and false, misleading, or deceptive advertising or information
(Sec. 1.05).  

The bill provides that there is a levied tax at the rate equal to the rate
of tax on the sale of tangible personal property at retail by the
provisions of the gross receipts or gross proceeds of each sale at retail
of services rendered by persons operating a temporary employee services
firm which assigns its employees to perform services to others with the
understanding that the temporary employee's services will be terminated at
completions of the assigned tasks or functions or time period (Sec. 1.09).  

The bill establishes enforcement provisions for  violations of these
provisions (Sec. 1.06).  The bill prohibits a temporary employment service
form discharging or discriminating against an employee who files a
complaint (Sec. 1.05). 


91st day after adjournment.