text: 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.
target: 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.
feat_title: Equity for Temporary Workers Act of 1999