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MAPS Opposes MA House Bill 1393 - "Temporary Workers Right to Know" Bill on Beacon Hill

Your profession could disappear!

On Thursday, June 9, 2011, a contingent of the board of directors of MA attended a hearing on Beacon Hill to offer testimony in opposition to HB 01393 (see link below for text of the bill)

This bill has been circulating for approximately 10 years and has never moved forward until this year.  The talking points being circulated are claiming this bill is designed to stop the egregious breaches of labor laws committed by day labor companies to provide the staffing industry with additional layers of regulation.

With 87 sponsors in the House and Senate, and the backing of the REAL Coalition (Reform Employment Agency Law, see link below to see who makes up REAL), MAPS, NAPS, the ASA, and MSA, are extremely worried that this bill could move out of committee for a vote on the House and Senate floors.

THIS BILL MUST BE STOPPED!!

What Does This Bill Mean?

Because of the way this bill was written, it makes no mention of "day labor" and instead mentions staffing agencies.  The four major points of this bill are:

1. All employees of the staffing industry are W-2 employees of the agency and as such, we are subject to the same laws and regulations of any other employer including (but not limited to): wage & hours laws, minimum wage, OSHA, worker's compensation, discrimination, equal opportunity, privacy, etc.  Additional regulations specific to the staffing industry do nothing more than create greater administrative burden, add additional costs, etc.  
   A specific provision would require all agencies to give written notice of such things as location of job, who the company is, pay rate, bill rate, etc.  (all things, except the bill rate we already provide).  Such an action would make it impossible to place last minute temporary help.
    
2. the language in this bill is such that it could eliminate any and all conversion fees for temporary/contract employees
    
3. This bill also could eliminate permanent placement fees due to the wording and loose interpretation of language.
    
4. Again, because of the wording, the state could potentially set a cap on what they call the "fee" which they define as the difference between the pay rate and the bill rate.  This could potentially result in a cap that would not even meet your operating costs
    
5. Again, because of its broad language, this bill could eliminate staffing and recruiting in Massachusetts resulting in the layoff of over 200,000 employees and an over $1.5 billion dollar industry leaving the state.

MAPS has partnered with the MA Staffing Association to work towards the stoppage of this bill.  At the hearing on Thursday, over 100 staffing professionals showed up to voice their opposition.  Because of sheer volume of people wanting to offer testimony, a second hearing date will be scheduled.

IT IS VITAL THAT YOU COME TO BOSTON AND HAVE YOUR VOICE HEARD!!

You cannot afford to sit back and let others talk for you.  This bill could change your profession, your businesses, and your lives!

If you cannot come to Boston, written testimony can and will be accepted.

The REAL Coalition is working very hard on the passage of this bill.  They will be sure to fill the room with proponents of this bill.  Already, groups such as the AFL-CIO, MA Bar Association, MassCOSH, labor unions, and a number of immigrant groups have offered testimony and will do so again.  The MA Secretary of Labor and the Attorney General's office have offered their endorsements to this bill as well.

I implore you to stand together with MAPS to work towards killing this bill once and for all.

If you have questions, please contact me.

Mark T Carlson
President, MA Association of Personnel Services  
mark.carlson@suburbangroup.com   
(774) 551 - 5900

Text of Bill: http://www.masenate.gov/Bills/187/House/H01393

MassCosh Website: http://www.masscosh.org

Mon, 06/13/2011 - 09:15 — Mark Carlson

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