By: Ritter H.B. No. 1939
A BILL TO BE ENTITLED
AN ACT
relating to certain disqualifications for unemployment
compensation benefits for assigned employees of staff leasing
services companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 91, Labor Code, is amended
by adding Section 91.0445 to read as follows:
Sec. 91.0445. REQUIRED NOTICE. (a) A staff leasing
services company must provide the written notice required under
Section 207.045(i)(1) in a separate document that complies with the
requirements of this section, a copy of which must be provided to
the assigned employee. The document must be signed by the assigned
employee.
(b) The document must:
(1) be in boldfaced type, in capital letters,
underlined, or otherwise set out from accompanying written material
so as to be conspicuous; and
(2) be in substantially the following language:
"You are an employee of (NAME OF STAFF LEASING
SERVICES COMPANY), a staff leasing services company
licensed under Chapter 91, Labor Code. In your
employment with (NAME OF STAFF LEASING SERVICES
COMPANY), you may be assigned to work at a client
company and be supervised, wholly or partly, by the
employees of that client company. On conclusion of an
assignment, you remain an employee of (NAME OF STAFF
LEASING SERVICES COMPANY) and must contact (NAME OF
STAFF LEASING SERVICES COMPANY) and make yourself
available for continued employment and assignments.
"To report your availability for continued
employment and assignments, you must contact (NAME OF
STAFF LEASING SERVICES COMPANY) by the end of the next
business day after the conclusion of an assignment by
calling the company's Employee Assignment Line at
(TOLL-FREE TELEPHONE NUMBER) and speaking personally
to a company placement representative."
SECTION 2. Section 207.045(i), Labor Code, is amended to
read as follows:
(i) An assigned employee of a staff leasing services company
is considered to have left the assigned employee's last work
without good cause if the staff leasing services company
demonstrates that:
(1) at the time the employee's assignment to a client
company concluded, the staff leasing services company gave written
notice as provided by Section 91.0445 and instructions to the
assigned employee to contact the staff leasing services company for
a new assignment [on termination of assignment at a client
company]; and
(2) the assigned employee did not contact the staff
leasing services company regarding reassignment or continued
employment; provided that the assigned employee may show that good
cause existed for the assigned employee's failure to contact the
staff leasing services company.
SECTION 3. The change in law made by this Act applies only
to a claim for unemployment compensation benefits that is filed
with the Texas Workforce Commission on or after the effective date
of this Act. A claim filed before that date is governed by the law
in effect on the date that the claim was filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.