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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2870 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2870

          To protect day laborers from unfair labor practices.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2003

Mr. Gutierrez introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
          To protect day laborers from unfair labor practices.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Day Laborer Fairness and Protection 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the General Accounting Office, contingent 
        workers comprise approximately 30 percent of the workforce and 
        research indicates that the size of the day labor workforce may 
        be greater than nationally available data suggests.
            (2) Employers increasingly rely on contingent workers 
        rather than permanent workers. Employers benefit from the 
        reduced costs and increased flexibility of utilizing a 
        contingent workforce. This reliance has resulted in a 
        significant decrease in the number of workers with health 
        insurance coverage, included in retirement and pension plans, 
        and receiving other employment benefits such as long-term 
        disability coverage. Contingent workers have lower family 
        incomes than those in full-time permanent employment. Many 
        contingent workers live below the Federal poverty line.
            (3) The General Accounting Office has found that the day 
        labor workforce is particularly vulnerable to workplace abuses. 
        Day laborers are subject to a wide range of abuses of their 
        civil rights, employment and labor rights, and health and 
        safety rights. Although day laborers and contingent workers 
        face higher incidences of workplace abuse, the General 
        Accounting Office has found current practices and laws make it 
        difficult to detect violations affecting contingent workers and 
        day laborers.
            (4) Wage and hour abuses are of particular concern to day 
        laborers. Despite current legal wage and hour protections 
        afforded to day laborers, such laborers are subject to 
        pervasive wage and hour violations committed by day labor 
        employers and temporary labor agencies. The short nature of the 
        employment relationship, multiple barriers to enforcement 
        resources and the lack of strong protective wage and hour laws 
        render day laborers particularly vulnerable to nonpayment of 
        wages. Wage and hour problems confronting day laborers take 
        many forms and include: complete nonpayment of wages; payment 
        of less than the agreed upon rate; payment by checks with 
        insufficient funds and late payment of wages. Day labor 
        employers often delay payments of promised wages until the 
        completion of a job. Upon completion, day laborers are commonly 
        left with less than promised or a void check. Lack of access to 
        social and legal services that could assist them in enforcing 
        their workplace rights leave few options for day laborers 
        seeking to recover unpaid wages.
            (5) Occupational injury and fatality rates for day laborers 
        are disproportionately higher than such rates for other 
        workers. Desperate for work and fearing retaliation, day 
        laborers often risk life and limb without ever reporting work 
        hazards. Day laborers are often assigned to the dangerous tasks 
        shunned by workers with more options. Employers often neglect 
        their duties to provide safe employment that is free from 
        hazards to a day laborers' health. Employers regularly fail to 
        provide necessary health and safety equipment and training to 
        day laborers. Due to the lack of notice requirements, most day 
        laborers have no advance warning about possible exposure to 
        hazardous materials or dangerous tasks.
            (6) Day laborers and contingent workers seeking to enforce 
        the employment and labor laws are frequently subject to 
        intimidating retaliatory acts by the employer. Absent stronger 
        antiretaliation protections, day laborers will continue to 
        endure dangerous and unjust working conditions without 
        recourse.
            (7) Day laborers and contingent workers provide employers 
        with a flexible workforce and contribute significantly to 
        interstate commerce. Despite these contributions, day laborers 
        are routinely subjected to workplace abuse with little or no 
        recourse. The growing numbers of day laborers and other 
        contingent workers in the workforce calls for legislative 
        reforms that expand and protect the rights of day laborers.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure that individuals working as 
day laborers, or temporary workers, are afforded full protection of and 
access to employment and labor laws that ensure workplace dignity and 
to reduce unfair competitive advantage for firms that abuse day 
laborers.

SEC. 4. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Day laborer.--The term ``day laborer'' means an 
        individual who is engaged in or waiting to be engaged in day 
        labor.
            (2) Day labor.--The term ``day labor'' means labor or 
        employment that is occasional or irregular for which an 
        individual is employed for not longer than the time period 
        required to complete the assignment for which the individual 
        was hired and in which wage payments are made directly to the 
        day laborer or indirectly by the day labor service agency or 
        the third party employer for work undertaken by a day laborer. 
        Day labor does not include labor or employment of a 
        professional or clerical nature.
            (3) Day labor employer.--For purposes of this Act, the term 
        ``day laborer employer'' refers to any person or entity that 
        directly or indirectly, through an agent, day labor service 
        agency or any other entity acting in the employer's interest, 
        engages, suffers or permits a day laborer to work or otherwise 
        has the right to exercise control over the wages, hours or 
        working conditions of a day laborer. The term includes day 
        labor service agencies and third party employers as defined in 
        this Act.
            (4) Day laborer shape-up site.--The term ``day laborer 
        shape-up site'' means any public area or street corner, 
        residential or commercial, where day laborers assemble to seek 
        employment.
            (5) Day laborer hiring site.--The term ``day laborer hiring 
        site'' refers to any program sponsored by a public entity or 
        nonprofit organization that provides a space for day laborers 
        to assemble for work and participate in skills development 
        workshops and classes. For the purposes of this Act, day 
        laborer hiring sites are not day labor employers.
            (6) Department.--The term ``Department'' means the 
        Department of Labor.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (8) Regular rate of pay.--The term ``regular rate of pay'' 
        means an hourly wage rate agreed to by the day labor employer 
        and day laborer. If a daily rate is negotiated, the regular 
        rate of pay shall be calculated by dividing the total 
        remuneration agreed upon for 1 week by 40. On jobs that require 
        prevailing wage rates, the regular rate of pay shall be the 
        prevailing wage or wage agreed to by the day laborer employer 
        and day laborer, whichever is higher. In no circumstances shall 
        the regular rate of pay be less than that required by law.
            (9) Day labor service agency.--The term ``day labor service 
        agency'' means any person or entity that recruits, dispatches, 
        or otherwise facilitates the employment of day laborers by a 
        third party employer. A day labor service agency is a day labor 
        employer and shares all legal obligations placed on a day labor 
        employer by this Act. A not-for-profit organization is not a 
        day labor service agency.
            (10) Workday and day.--The terms ``workday'' and ``day'' 
        mean any consecutive 24 hours period beginning at the same time 
        each calendar day.
            (11) Third party employer.--The term ``third party 
        employer'' refers to a person or entity that suffers or permits 
        a day laborer to work by contracting with a day labor service 
        agency. Third party employers are day labor employers and share 
        all legal obligations placed on day labor employers.

SEC. 5. SUSTAINABLE WAGES.

    (a) Sustainable Wage.--A day laborer shall be paid not less than 
the equivalent of the prevailing wage rate paid to permanent employees 
who are performing substantially equivalent work, with due 
consideration given to seniority, experience, and skills.
    (b) Notice of Wage Rate.--Day labor employers shall provide notice 
of the wage rate expected to be paid to each day laborer. A day labor 
service agency shall provide notice of the wage rate expected to be 
paid by each third party employer using the services of the agency. A 
day laborer shall be paid by a third party employer not less than the 
wage rate stated in the notice of the agency for all work performed for 
the third party employer, including work contained in the description 
issued under section 8.
    (c) Wage Reduction.--Day labor employers are prohibited from 
reducing the wage rate of any permanent full time employee in order to 
comply with subsection (a) or (b).
    (d) Overtime.--A day laborer shall be compensated at a rate of 1 
and one-half times the regular rate of pay for each hour worked beyond 
8 hours up to and including 12 hours in a workday, and for the first 8 
hours worked on the seventh consecutive day of work in a work week.
    (e) Daily Overtime.--Day laborers are entitled to double the 
regular rate of pay for all hours worked in excess of 12 hours in any 
workday and for all hours worked in excess of 8 hours on the seventh 
consecutive day of work in a work week.
    (f) Minimum Daily Rate.--A day laborer performing day labor shall 
be compensated for not less that 4 hours of work for each day worked.
    (g) Call in Pay.--If the day labor employer fails to appear after 
requesting a day laborer's services at a designated time and location, 
the day laborer shall be compensated for not less than 4 hours at the 
regular rate of pay.
    (h) Wait Time.--If a day laborer arrives for employment at the 
request of a day labor employer, time spent waiting for the employer is 
wait time compensable at the regular rate of pay.
    (i) Reduction of Salary.--If a day labor employer has offered and a 
day laborer has accepted a wage rate, the day labor employer cannot 
reduce that negotiated salary during that day of employment.
    (j) Travel Time.--Day laborers are to be compensated for travel 
time if such activity is an integral and indispensable part of the 
principal activities that the workers are employed to perform. For the 
purposes of this Act, time spent traveling from a day labor shape-up 
site, day labor hiring site, or day labor service agency to the 
worksite shall be compensable at the regular rate of pay.
    (k) Agency Processing Delay.--
            (1) In general.--If a day labor service agency expends more 
        than 30 minutes in processing a day laborer's work assignment, 
        the day labor service agency shall pay the day laborer for any 
        additional waiting time at the regular rate of pay.
            (2) Limitation.--The time spent in transit to or from the 
        designated worksite or to or from the day labor service agency 
        shall not be included in computing processing time.

SEC. 6. OTHER RIGHTS OF DAY LABORERS.

    (a) Public Access Area.--Each day labor service agency shall 
provide adequate seating in the public access area of the offices of 
the agency. Employment and wage notices required by this Act shall be 
posted in the public access area. The public access area shall allow 
for access to restrooms and water.
    (b) Work Restriction.--No day labor service agency shall restrict 
the right of a day laborer to accept a permanent position with a third 
party employer to whom the day laborer has been referred for temporary 
work or restrict the right of such third party employer to offer such 
employment to a day laborer. This subsection shall be understood to 
outlaw the charging of fines or additional amounts for making or 
accepting an offer of employment.
    (c) Breaks and Meals.--For each 4-hour period of uninterrupted day 
labor, a 15-minute compensated break shall be provided. For periods of 
uninterrupted day labor lasting longer than 6 hours, a 30-minute 
compensated lunch period shall be provided.
    (d) Disclosure of Employer Information.--At the time of hire, a day 
labor employer must provide a day laborer with the day labor employers' 
phone number and business address.
    (e) Transportation Back to Point of Hire.--Unless the day laborer 
requests otherwise, the day labor employer shall provide transportation 
back to the point of hire at the end of each work day.
    (f) Transportation Fees.--Day labor service agencies, third party 
employers and day laborer employers shall not charge a day laborer for 
the costs of transportation to and from the premises of the day labor 
agency, day laborer shape-up site, or day laborer hiring site to the 
worksite.
    (g) Payments.--
            (1) In general.--At the time of the payment of wages, a day 
        labor service agency shall provide each day laborer with an 
        itemized statement showing in detail each deduction made from 
        the wages.
            (2) Annual statement.--A day labor service agency shall 
        provide each worker an annual earnings summary within a 
        reasonable time after the preceding calendar year, but in no 
        case later than February 1. A day labor service agency shall, 
        at the time of each wage payment, give notice to day laborers 
        of the availability of the annual earnings summary or post such 
        a notice in a conspicuous place in the public reception area.
            (3) Payment schedules.-- At the request of a day laborer, a 
        day labor service agency or day labor employer shall hold the 
        daily wages of the day laborer and make either weekly or 
        semimonthly payments. The wages shall be paid in a single check 
        representing the wages earned during the period for which wage 
        payments are to be made, as designated by the day laborer. A 
        day labor service agency or day labor employer that makes daily 
        wage payments shall provide written notification to all day 
        laborers of the right to request weekly or semimonthly checks. 
        The day laborer service agency may provide such notice by 
        conspicuously posting the notice at the location where the 
        wages are received by the day laborers.
            (4) Daily wages.--If day labor employment lasts less than 1 
        week wages shall be paid at the end of each workday.
            (5) Check cashing.--A day labor service agency, day labor 
        employer, or third party employer may not directly or 
        indirectly charge any day laborer for cashing a check issued by 
        the day labor service agency, day labor employer, or third 
        party employer for wages earned by a day laborer who performed 
        work through that day labor service agency, day labor employer 
        or third party employer.
            (6) Overpayment.--A day laborer shall not be charged fees 
        for overpayment by the day labor
        agency.
            (7) Negotiable tender.--All noncash wage payments shall be 
        in the form of immediately negotiable tender payable in cash, 
        on demand at a financial institution, and without discount.
            (8) Payment by check.--If a day labor service agency or day 
        labor employer pays by check, that check shall be immediately 
        redeemable.
            (9) Payment on termination.--All wages must be paid within 
        72 hours of termination.
            (10) Place of payment on termination.--Upon termination, a 
        day laborer may choose to be paid either at the worksite, the 
        day labor site, or the day labor service agency. A day laborer 
        may also request that the check be sent by first class mail. 
        Unless the day laborer requests otherwise, a day labor employer 
        shall pay a discharged day laborer at the worksite.
    (h) Other Rights Guaranteed by Law.--Day laborers shall be afforded 
all other rights guaranteed workers under the law.
    (i) Specific Rights.--Day laborers shall be free of any restriction 
on their ability to solicit day labor or to express their availability 
for lawful day labor employment in any public area unless such 
restriction is applied to all speech or expression of any content, 
including political, artistic, religious, or commercial speech and to 
speech regardless of whether the speaker is physically present or 
speaks through unattended signs or banners--
            (1) this right shall be enforceable by day laborers through 
        a private action under section 1979 of the Revised Statutes (17 
        Stat. 13; 42 U.S.C. 1983); and
            (2) any local or State ordinance or law that violates this 
        provision shall be enjoined as invalid.

SEC. 7. HEALTH AND SAFETY.

    (a) In General.--Every day labor service agency and day labor 
employer shall furnish employment and a place of employment that is 
safe and healthful for day laborers. Such employment shall be free of 
recognized hazards that are likely to cause death or serious physical 
harm to day laborers.
    (b) Life, Safety, and Health Requirements.--No day labor service 
agency or day laborer employer shall fail or neglect to do any of the 
following:
            (1) To provide and use safety devices and safeguards 
        reasonably adequate to render the employment and place of 
        employment safe at no cost to the day laborer.
            (2) To adopt and use methods and processes reasonably 
        adequate to render the employment and place of employment safe.
            (3) To do every other thing reasonably necessary to protect 
        the life, safety, and health of day laborers.
    (c) Citations for Failure To Comply.--On multi-employer worksites, 
both construction and nonconstruction, citations may be issued to the 
following categories of employers when the Occupational Safety and 
Health Administration, referred to in this Act as ``OSHA'', has 
evidence that a day laborer was exposed to a hazard in violation of any 
requirement enforceable by OSHA:
            (1) The employer whose day laborers were exposed to the 
        hazard (the exposing employer).
            (2) The employer who actually created the hazard (the 
        creating employer).
            (3) The employer who was responsible, by contract or 
        through actual practice, for safety and health conditions on 
        the worksite, which is the employer who had the authority for 
        ensuring that the hazardous condition is corrected (the 
        controlling employer).
            (4) The employer who had the responsibility for actually 
        correcting the hazard (the correcting employer).
The employers listed in paragraphs (2) through (4), inclusive, of this 
subsection may be cited regardless of whether their own day laborers 
were exposed to a hazard.
    (d) Application of Federal Law.--
            (1) In general.--Employers and day laborers as defined by 
        this Act shall be covered under the Occupational Health and 
        Safety Act (OSHA). In addition to coverage under OSHA, 
        employers and day laborers shall adhere to the following 
        requirements:
            (2) Health care expenses.--If a day laborer is injured 
        while working, the day labor employer shall be responsible to 
        pay for the health care costs associated with the injury and 
        all compensable damages flowing from that injury unless 
        coverage for the accident is available under the applicable 
        State worker's compensation law. The statute of limitations 
        shall be otherwise tolled during the period in which the day 
        laborer seeks coverage under the applicable State workers' 
        compensation law.
            (3) Health and safety equipment.--The day labor service 
        agency or day laborer employer shall provide at no cost to each 
        day laborer any special attire, accessories, tools, safety 
        equipment or other items required by law or custom to perform 
        the work assignment.
            (4) Workers' compensation.--All day labor service agencies 
        and day laborer employers are required to provide workers' 
        compensation benefits to their day labor day laborers, 
        regardless of immigration status, for injuries arising out of 
        and in the course of employment.
            (5) Notification of workers' compensation benefits.--Day 
        labor service agencies and day laborer employers shall provide 
        all day laborers written notice on the first day of employment 
        that contains a statement of the day laborer's right to 
        workers' compensation benefits and the day labor service agency 
        and day laborer employer's workers' compensation insurance 
        carrier name and number. This notice shall be provided in 
        English and any other language that is generally used by the 
        workforce serviced by the day labor service agency or employed 
        by the employer.
            (6) Notification, consent, and disclosure.--
                    (A) In general.--The day labor service agency or 
                any employer or agent of the employer must disclose the 
                risk of exposure to hazardous chemicals or any other 
                unsafe materials or working condition that require the 
                use of safety and protective equipment.
                    (B) Written consent.--Day labor service agencies 
                and day laborer employers are required to obtain the 
                informed written consent of any day laborer who will be 
                exposed to hazardous materials. Written consent shall 
                include: a description of the hazardous materials the 
                day laborer will be exposed to, the possible health and 
                safety consequences of exposure to the hazardous 
                materials and any specialized certification or training 
                required to safely handle the hazardous materials.
                    (C) No retalition.--A day labor service agency or 
                day laborer employer shall not take any retaliatory 
                action against a day laborer who refuses to perform 
                hazardous work due to health or safety concerns.
            (7) Transportation liability.--A day labor service agency, 
        day labor employer or any other employer or agent of the 
        employer that transports a day laborer to or from a designated 
        worksite is liable for any injury to a day laborer arising from 
        any accident that occurs while the day laborer is being 
        transported to or from the worksite.
            (8) Motor vehicle safety.--
                    (A) In general.--Any motor vehicle that is owned or 
                operated by the day labor service agency or any other 
                employer, or a contractor of either, which is used for 
                the transportation of day laborers shall--
                            (i) have proof of financial responsibility 
                        as provided for in applicable State insurance 
                        laws of the area;
                            (ii) be equipped with seats securely 
                        fastened to the vehicle;
                            (iii) be equipped, if a motortruck, with a 
                        railing or other suitable enclosure on the 
                        sides and end of the vehicle not less than 46 
                        inches above the floor of the vehicle; and
                            (iv) equipped with steps, stirrups, or 
                        other equivalent devices so placed and arranged 
                        that the vehicle may be safely mounted and 
                        dismounted.
                    (B) Unsafe vehicle.--A day labor service agency or 
                day labor employer who knows or should know that a 
                motor vehicle used primarily or regularly for the 
                transportation of day laborers is unsafe, or not 
                equipped as required by this Act, or any regulations 
                adopted pursuant to this Act, shall not use the motor 
                vehicle for transporting day laborers.
                    (C) Inspection.--The Secretary or an appointed 
                designee shall inspect motor vehicles used primarily or 
                regularly for the transport of day laborers at least 
                once annually to determine whether its construction, 
                design, and equipment comply with all provisions of 
                Federal and State law. No person shall drive any motor 
                vehicle used primarily or regularly for the transport 
                of day laborers without displaying a certificate issued 
                from the Secretary or an appointed designee confirming 
                timely inspection and compliance with all laws and 
                regulations relating to construction, design, and 
                equipment.
                    (D) Renter requirements.--An owner or person who 
                rents any motor vehicle used primarily or regularly for 
                the transport of day laborers is responsible for 
                compliance with the motor vehicle requirements of this 
                Act.

SEC. 8. NOTIFICATION REQUIREMENTS.

    (a) In General.--
            (1) Notice.--A day labor service agency shall, in the 
        public reception area, post a list of all employers that are 
        seeking day laborers which includes the following:
                    (A) The name and address of the employer and the 
                address of the worksite if different from that of the 
                employer.
                    (B) The type of job opportunities for day laborers.
                    (C) The amount of wages to be paid per hour for the 
                work.
                    (D) If transportation is available, whether the 
                worksite is accessible by public or personal 
                transportation, and the approximate commute time to the 
                worksite.
            (2) Description.--A day labor service agency shall, for 
        each job opportunity posted, provide a detailed description of 
        the work which shall include the following:
                    (A) A detailed description of the work to be 
                performed by the day laborer, including any 
                requirements for special attire, accessories, or safety 
                equipment.
                    (B) The exact address of the worksite and a 
                telephone number at which a day laborer can be reached 
                for emergency purposes. If the location is in a rural 
                area, the notice must also contain directions to the 
                worksite.
                    (C) The time of day the work will begin, the time 
                of day the work will end, and the overtime rate of pay.
                    (D) Whether a meal is provided, either by the day 
                labor service agency, day labor employer, or the third 
                party employer, and the cost of the meal, if any.
                    (E) A phone number and business address for the 
                third party employer requesting the day laborer through 
                the day labor service agency.
    (b) Posting.--The notices required to be posted under this section 
shall be written in English and any other language that is generally 
used in the locale of the day labor service agency.
    (c) Offer and Acceptance.--Upon offer and acceptance of a job, the 
information referred to in this subsection shall be provided to each 
day laborer in writing in English and any other language that is 
generally used in the locale of the day labor service agency, day labor 
site, or by the day laborer or at the time of acceptance.

SEC. 9. DEDUCTIONS.

    (a) Meals.--A day labor service agency or any other employer shall 
not charge a day laborer more than the actual cost of providing a meal. 
In no case shall a deduction for a meal be permitted against the wage 
requirements of this Act if--
            (1) the day laborer does not consume the meal;
            (2) the day laborer has no realistic opportunity to obtain 
        meals by other means due to the location of the job site and 
        the time permitted for the meal; or
            (3) the purchase of a meal is a condition of employment.
    (b) Transportation.--A day labor service agency or any other 
employer shall not charge to transport a day laborer to or from the 
designated worksite.
    (c) Safety and Protective Equipment.--
            (1) General rule.--The day labor service agency or day 
        laborer employer shall provide at no cost to each day laborer 
        any special attire, accessories, tools, safety equipment, or 
        other items required by law or custom to perform the work 
        assignment. For any other equipment, clothing, accessories, or 
        any other items the day labor service agency or day laborer 
        employer makes available for purchase, the day laborer shall 
        not be charged more than the actual market value for the item.
            (2) Exception.--A day labor service agency or day laborer 
        employer is not precluded from charging the day laborer the 
        market value of items temporarily provided to the day laborer, 
        in the event that the day laborer willfully fails to return 
        such items.
    (d) Housing.--
            (1) In general.--An employer shall comply with applicable 
        State requirements and Federal law requirements when crediting 
        lodging towards an employer's wage obligation under this Act 
        only if--
                    (A) lodging is received and used;
                    (B) lodging is furnished as part of the day 
                laborer's compensation; and
                    (C) the day laborer enters a voluntary written 
                agreement to credit lodging toward the employer's wage 
                obligation.
            (2) Lodging requirements.--The amount credited for lodging 
        shall not exceed an amount that would result in the day laborer 
        earning less than the wage required by this Act. In order for 
        lodging to be creditable towards the wage obligation, it shall 
        be available to the day laborer for full-time occupancy and be 
        adequate, decent, and sanitary according to usual and customary 
        standards.

SEC. 10. RETALIATION

    (a) Prohibition.--Any employer, or any agent of an employer, who 
knowingly retaliates through discharge or in any other manner against 
any day laborer shall be fined under title 18, United States Code or 
subject to a private cause of action.
    (b) Protected Acts From Retaliation Include.--The Secretary shall 
ensure that a day laborer is protected from retaliation for--
            (1) making a complaint to the day laborer's employer, or a 
        State agency, or federal agency, or community organization that 
        rights guaranteed a day laborer under this Act have been 
        violated;
            (2) making a complaint to an employer, a coworker, or 
        before a public hearing or the press that rights guaranteed a 
        day laborer under this Act have been violated;
            (3) causing to be instituted any proceeding under or 
        related to this Act; or
            (4) testifying or preparing to testify in an investigation 
        or proceeding under this Act.

SEC. 11. DAY LABOR SERVICE AGENCY AND DAY LABOR EMPLOYER REGISTRATION.

    (a) In General.--A day labor service agency and day labor employer 
shall register with the Secretary in accordance with rules adopted by 
the Secretary for day labor service agencies and with State departments 
of labor which require such registration.
    (b) Fees.--The Secretary may assess each day labor agency and day 
labor employer a registration fee not to exceed $250.

SEC. 12. DEPARTMENT REQUIREMENTS AND RESPONSIBILITIES.

    (a) In General.--The Secretary shall adopt rules and regulations 
necessary to implement the provisions of this Act, including provisions 
for hearings and imposition of penalties for violations of this Act.
    (b) Posting Requirement.--The Secretary shall cause to be posted in 
each day labor service agency a notice in English and any other 
language generally spoken in the locale of the day labor service agency 
which informs the public of a toll-free telephone number for day 
laborers and the public to file wage dispute complaints and other 
alleged violations by day labor service agencies and other day labor 
employers.
    (c) Fines.--The Secretary shall have the authority to fine a day 
labor service agency or day labor employer that fails to register with 
the Department of Labor in accordance with this Act $1,000 for the 
first offense and $5,000 for each subsequent offense.
    (d) Suspensions and Revocations.--The Secretary shall have the 
authority to suspend or revoke the registration of a day labor service 
agency or day labor employer if warranted by public health and safety 
concerns or violations of this Act.
    (e) Investigations.--The Secretary shall promptly investigate 
complaints concerning alleged violations of this Act.

SEC. 13. CRIMINAL SANCTIONS.

    (a) Criminal Provision.--
            (1) In general.--Any employer or any agent of an employer, 
        who, willfully and knowingly violates this Act, shall be fined 
        under title 18, United States Code.
            (2) Continued violation.--Each day during which any 
        violation of this Act subsection (a) or (b) continues shall 
        constitute a separate and distinct offense.

SEC. 14. JUDICIAL ENFORCEMENT.

    (a) Injunctive Relief.--The Secretary may petition any appropriate 
district court of the United States for temporary or permanent 
injunctive relief if the Secretary determines that this Act, or any 
regulation under this Act, has been violated.
    (b) Control of Civil Litigation.--The Solicitor of Labor may appear 
for and represent the Secretary in any civil litigation brought under 
this Act, but all such litigation shall be subject to the direction and 
control of the Attorney General.

SEC. 15. ADMINISTRATIVE SANCTIONS.

    (a) Civil Money Penalties for Violations.--Any person who commits a 
violation of this Act or any regulation under this Act shall be 
assessed a penalty of $1000 for each violation.
    (b) Collection of Amounts on Behalf of Injured Day Laborers.--
            (1) If an employer willfully violates sections 5 or 9 of 
        this Act, the Secretary shall collect, on behalf of each 
        injured day laborer, the amount of wages not paid in violation 
        of the Act and an equal amount for each day for which the wages 
        are not paid.
            (2) An employer that willfully violates sections 6, 7, or 8 
        of this Act shall be assessed by the Secretary an amount up to 
        $500 per violation of each section, which the Secretary shall 
        collect on behalf of each injured day laborer.

SEC. 16. PRIVATE CAUSE OF ACTION.

    (a) Maintenance of Civil Action in District Court by Aggrieved 
Person.--Any person aggrieved by a violation of this Act or any 
regulation under this Act by an employer may file suit in any district 
court of the United States or State court of competent jurisdiction 
without regard to the citizenship of the parties and without regard to 
exhaustion of any alternative administrative remedies provided herein. 
Actions may be brought by one or more day laborers for and on behalf of 
himself or themselves and other day laborers similarly situated.
    (b) Award of Damages or Other Equitable Relief.--Any day laborer 
whose rights have been violated under this Act by his or her employer 
shall be entitled to collect--
            (1) in the case of a violation under sections 5 or 9 of the 
        Act, the amount of any wages, salary, employment benefits, or 
        other compensation denied or lost to such day laborer by reason 
        of the violation, plus an equal amount for each day for which 
        wages are not paid;
            (2) in the case of a violation under sections 6, 7, or 8 of 
        the Act, compensatory damages and an amount up to $500 for the 
        violation of each subpart of each section;
            (3) in the case of a violation under section 10 of the Act, 
        all legal or equitable relief as may be appropriate to 
        effectuate the purposes of Section 10 of the Act;
            (4) attorney's fees and costs; or
            (5) punitive damages in a case in which any employer, or 
        agent of an employer, threatens to call the Immigration and 
        Naturalization Service or the police in retaliation for 
        protected acts described in section 10 of the Act.
    (c) Statute of Limitations.--The right of an aggrieved person to 
bring a cause of action under this section terminates upon the passing 
of 3 years from the final date of employment by the employer. This 
limitations period is tolled if a day labor employer has deterred a day 
laborer's exercise of rights under this act by contacting or 
threatening to contact the Immigration and Naturalization Service or 
other law enforcement agencies.
    (d) Waiver Through Contract.--Any agreement between a day laborer 
and a day labor employer to waive rights and responsibilities under 
this Act are void and unenforceable as violative of public policy.
    (e) Evidentiary Burden.--If an employer has not met the 
notifications requirements under this Act or required recordkeeping 
pursuant to title II of the Labor-Management Reporting and Disclosure 
Act of 1959 (29 U.S.C. section 201 et seq.), there is a presumption 
that any reasonable factual presentation by the day laborer is 
accurate. The employer is then required to disprove the day laborer's 
representation by clear and convincing evidence.

SEC. 17. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF 
              LABOR DISPUTES.

    Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) 
is amended--
            (1) by striking the period at the end of paragraph (5) and 
        inserting `; or'; and
            (2) by adding at the end thereof the following new 
        paragraph:
            ``(6)(A) to offer, or to grant, the status of a permanent 
        replacement day laborer to an individual for performing 
        bargaining unit work for the employer during a labor dispute, 
        or
            ``(B) to otherwise offer, or grant, an individual any 
        employment preference based on the fact that such individual 
        was employed, or indicated a willingness to be employed, during 
        a labor dispute over an individual who--
                    ``(i) was an day laborer of the employer at the 
                commencement of the dispute;
                    ``(ii) has exercised the right to join, to assist, 
                or to engage in other concerted activities for the 
                purpose of collective bargaining or other mutual aid or 
                protection through the labor organization involved in 
                the dispute; and
                    ``(iii) is working for, or has unconditionally 
                offered to return to work for, the employer.''.

SEC. 18. LABOR DISPUTES.

    No day labor service agency may send any day laborer to a workplace 
where a strike, lockout, or other labor trouble exists.

SEC. 19. COMPLIANCE WITH STATE AND LOCAL LAWS.

    This Act is intended to supplement State and local laws, and 
compliance with this Act shall not excuse any person from compliance 
with appropriate State and local laws.
                                 <all>
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