article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity for Temporary Workers Act of 1999''. SEC. 2. TEMPORARY WORKER RIGHTS. (a) Discrimination.-- No employer shall discriminate with respect to wages, hours, and other terms and conditions of employment against any temporary employee. (b) Benefits.--After a temporary employee works for an employer for 1,000 hours during a 12-month period, whether placed in the employ of such employer by the employer, by a temporary help agency or staffing firm, or under a leasing arrangement by a third party, such temporary employee shall be eligible to receive any benefit offered by the employer to other permanent employees. SEC. 3. EQUAL PAY FOR TEMPORARY EMPLOYEES. (a) General Rule.--An employer having employees subject to section 6 of the Fair Labor Standards Act of 1938 shall not discriminate, within any establishment in which such employees are employed, between employees on the basis of employment status by paying wages to temporary employees in such establishment at a rate less than the rate at which the employer pays wages to full-time employees in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to-- (1) a seniority system; (2) a merit system; (3) a system that measures earning by quantity or quality of production; or (4) a differential based on any other factor other than employment status. (b) Wage Reduction.--An employer who is paying a wage rate differential in violation of this section shall not, in order to comply with the provisions of this section, reduce the wage rate of any employee. (c) Labor Organization.--No labor organization, or its agents, representing the employees of an employer having employees subject to section 6 of the Fair Labor Standards Act of 1938 shall cause or attempt to cause such an employer to discriminate against an employee in violation of this section. (d) Unpaid Wages.--For purposes of administration and enforcement, any amounts owing to any employee that have been withheld in violation of this section shall be deemed to be unpaid minimum wages or unpaid overtime compensation under section 5. (e) Definition.--As used in this section, the term ``labor organization'' means any organization of any kind, or any agency or employee representation committee or plan, in which employers participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. SEC. 4. LIABILITY TO ALL PERSONS ON WORKSITE. Section 5(a)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654(a)(1)) is amended to read as follows: ``(1) shall, at the place of employment of the employer, furnish to each person at such place a place which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to such persons; and''. SEC. 5. ENFORCEMENT. (a) Civil Action by Employees.-- (1) Liability.--Any employer who violates section 2 or 3 shall be liable to any eligible employee affected-- (A) for damages equal to-- (i) the amount of any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), except that if an employer who has violated section 2 or 3 proves to the satisfaction of the court that the act or omission which violated such section was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of such section, such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and (B) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (2) Right of action.--An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of-- (A) the employees; or (B) the employees and other employees similarly situated. (3) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations.--The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate-- (A) on the filing of a complaint by the Secretary in an action under subsection (d) in which restraint is sought of any further delay in the payment of the amount described in paragraph (1)(A) to such employee by an employer responsible under paragraph (1) for the payment; or (B) on the filing of a complaint by the Secretary in an action under subsection (b) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an eligible employee by an employer liable under paragraph (1), unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary. (b) Action by the Secretary.-- (1) Administrative action.--The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 2 or 3 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (2) Civil action.--The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in subsection (a)(1)(A). (3) Sums recovered.--Any sums recovered by the Secretary pursuant to paragraph (2) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any such sums not paid to an employee because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (c) Limitation.-- (1) In general.--Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (2) Willful violation.--In the case of such action brought for a willful violation of section 2 or 3, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (3) Commencement.--In determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. (d) Action for Injunction by Secretary.--The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary-- (1) to restrain violations of section 2 or 3, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to eligible employees; or (2) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (e) Solicitor of Labor.--The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this section. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Employee.--The term ``employee'' means any individual who performs services for wages, salary, or other reimbursement under any contract of hire, written or oral, express or implied with an employer. This individual also works for an employer at least 1,000 hours per year. (2) Employer.--The term ``employer'' means any person engaged in commerce or in any industry or activity affecting commerce who employs 100 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. (3) Permanent employee.--The term ``permanent employee'' means any individual who is hired for an indefinite period of time as an employee and is accorded benefits. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) Temporary agency.--The term ``temporary agency'' means any person regularly undertaking with or without compensation to procure employees for an employer temporarily or to procure for employees opportunities to work for an employer and includes an agent of such a person. (6) Temporary employee.--The term ``temporary employee'' means any employee who is not permanent.
summary: Equity for Temporary Workers Act of 1999 - Prohibits employers from discriminating with respect to wages, hours, and other terms and conditions of employment against any temporary employee. Makes a temporary employee eligible to receive any benefit offered by an employer to other permanent employees after the temporary employee works for the employer for 1,000 hours during a 12-month period, regardless of whether placed by the employer, by a temporary help agency or staffing firm, or under a leasing arrangement by a third party. Requires equal pay for temporary employees. Prohibits employers with employees subject to the Fair Labor Standards Act of 1938 from discriminating between employees on the basis of employment status by paying wages to temporary employees in the same establishment at a rate less than that at which the employer pays full-time employees for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Exempts from such prohibition any such payments made pursuant to: (1) a seniority system; (2) a merit system; (3) a system that measures earning by quantity or quality of production; or (4) a differential based on any other factor other than employment status. Amends the Occupational Safety and Health Act of 1970 to require employers to furnish each employee a place free from recognized hazards that are causing or are likely to cause death or serious physical harm. Sets forth enforcement provisions with respect to violations of this Act, including civil actions by employees and administrative and injunctive actions by the Secretary of Labor.