SENATE, No. 1072

By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1072) of Patricia D. Jehlen for legislation to restore fairness in the unemployment insurance law for workers in temporary jobs. Labor and Workforce Development.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT restoring fairness in the unemployment insurance law for workers in temporary jobs

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1: Section 25 of chapter 51A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “benefits”, in line 188, the following words:--

if the temporary help firm demonstrates

SECTION 2:  Section 25 of chapter 51A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “unless” in line 191, the following words:--

the employer demonstrates

SECTION 3: Section 25 of chapter 51A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 191, the words “the claimant has been advised of the obligation in writing to contact the firm upon completion of an assignment” and inserting in place thereof the following text:--

the employee orally and in writing in a conspicuous manner and in a language which the employee understood upon application for employment and upon completion of each temporary assignment, of the obligation to contact the firm after the completion of an assignment and that the failure to do so may result in ineligibility for unemployment benefits.   The employer shall further demonstrate that suitable work was available for the employee at the time of the completion of the assignment.

SECTION 4: Section 25 of chapter 51A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “projects”, in line 197, the following words:--

provided that the duration of the assignment with a client of the temporary help firm does not exceed four months.

SECTION 5: Section 25 of chapter 51A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “firm”, as appearing in line 198, the following words:--

provided that said term shall not include a claimant who has worked for the temporary help firm during his or her benefit year or whose primary employer during the claimant’s base period was not a temporary help firm.