I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Day Laborer Fairness 

5 and Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) According to the General Accounting Office, 

9 contingent workers comprise approximately 30 per10 cent of the workforce and research indicates that the 

11 size of the day labor workforce may be greater than 

12 nationally available data suggests. 
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1 (2) Employers increasingly rely on contingent 

2 workers rather than permanent workers. Employers 

3 benefit from the reduced costs and increased flexi4 bility of utilizing a contingent workforce. This reli5 ance has resulted in a significant decrease in the 

6 number of workers with health insurance coverage, 

7 included in retirement and pension plans, and receiv8 ing other employment benefits such as long-term dis9 ability coverage. Contingent workers have lower fam10 ily incomes than those in full-time permanent em11 ployment. Many contingent workers live below the 

12 Federal poverty line. 

13 (3) The General Accounting Office has found 

14 that the day labor workforce is particularly vulner15 able to workplace abuses. Day laborers are subject 

16 to a wide range of abuses of their civil rights, em17 ployment and labor rights, and health and safety 

18 rights. Although day laborers and contingent work19 ers face higher incidences of workplace abuse, the 

20 General Accounting Office has found current prac21 tices and laws make it difficult to detect violations 

22 affecting contingent workers and day laborers. 

23 (4) Wage and hour abuses are of particular 

24 concern to day laborers. Despite current legal wage 

25 and hour protections afforded to day laborers, such 
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1 laborers are subject to pervasive wage and hour vio2 lations committed by day labor employers and tem3 porary labor agencies. The short nature of the em4 ployment relationship, multiple barriers to enforce5 ment resources and the lack of strong protective 

6 wage and hour laws render day laborers particularly 

7 vulnerable to nonpayment of wages. Wage and hour 

8 problems confronting day laborers take many forms 

9 and include: complete nonpayment of wages; pay10 ment of less than the agreed upon rate; payment by 

11 checks with insufficient funds and late payment of 

12 wages. Day labor employers often delay payments of 

13 promised wages until the completion of a job. Upon 

14 completion, day laborers are commonly left with less 

15 than promised or a void check. Lack of access to so16 cial and legal services that could assist them in en17 forcing their workplace rights leave few options for 

18 day laborers seeking to recover unpaid wages. 

19 (5) Occupational injury and fatality rates for 

20 day laborers are disproportionately higher than such 

21 rates for other workers. Desperate for work and 

22 fearing retaliation, day laborers often risk life and 

23 limb without ever reporting work hazards. Day la24 borers are often assigned to the dangerous tasks 

25 shunned by workers with more options. Employers 
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1 often neglect their duties to provide safe employment 

2 that is free from hazards to a day laborers’ health. 

3 Employers regularly fail to provide necessary health 

4 and safety equipment and training to day laborers. 

5 Due to the lack of notice requirements, most day la6 borers have no advance warning about possible expo7 sure to hazardous materials or dangerous tasks. 

8 (6) Day laborers and contingent workers seek9 ing to enforce the employment and labor laws are 

10 frequently subject to intimidating retaliatory acts by 

11 the employer. Absent stronger antiretaliation protec12 tions, day laborers will continue to endure dangerous 

13 and unjust working conditions without recourse. 

14 (7) Day laborers and contingent workers pro15 vide employers with a flexible workforce and con16 tribute significantly to interstate commerce. Despite 

17 these contributions, day laborers are routinely sub18 jected to workplace abuse with little or no recourse. 

19 The growing numbers of day laborers and other con20 tingent workers in the workforce calls for legislative 

21 reforms that expand and protect the rights of day 

22 laborers. 

23 SEC. 3. PURPOSE. 

24 The purpose of this Act is to ensure that individuals 

25 working as day laborers, or temporary workers, are af-
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1 forded full protection of and access to employment and 

2 labor laws that ensure workplace dignity and to reduce 

3 unfair competitive advantage for firms that abuse day la4 borers. 

5 SEC. 4. DEFINITIONS. 

6 In this Act the following definitions apply: 

7 (1) DAY LABORER.—The term ‘‘day laborer’’ 

8 means an individual who is engaged in or waiting to 

9 be engaged in day labor. 

10 (2) DAY LABOR.—The term ‘‘day labor’’ means 

11 labor or employment that is occasional or irregular 

12 for which an individual is employed for not longer 

13 than the time period required to complete the as14 signment for which the individual was hired and in 

15 which wage payments are made directly to the day 

16 laborer or indirectly by the day labor service agency 

17 or the third party employer for work undertaken by 

18 a day laborer. Day labor does not include labor or 

19 employment of a professional or clerical nature.

20 (3) DAY LABOR EMPLOYER.—For purposes of 

21 this Act, the term ‘‘day laborer employer’’ refers to 

22 any person or entity that directly or indirectly, 

23 through an agent, day labor service agency or any 

24 other entity acting in the employer’s interest, en25 gages, suffers or permits a day laborer to work or 
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1 otherwise has the right to exercise control over the 

2 wages, hours or working conditions of a day laborer. 

3 The term includes day labor service agencies and 

4 third party employers as defined in this Act. 

5 (4) DAY LABORER SHAPE-UP SITE.—The term 

6 ‘‘day laborer shape-up site’’ means any public area 

7 or street corner, residential or commercial, where 

8 day laborers assemble to seek employment. 

9 (5) DAY LABORER HIRING SITE.—The term 

10 ‘‘day laborer hiring site’’ refers to any program 

11 sponsored by a public entity or nonprofit organiza12 tion that provides a space for day laborers to assem13 ble for work and participate in skills development 

14 workshops and classes. For the purposes of this Act, 

15 day laborer hiring sites are not day labor employers. 

16 (6) DEPARTMENT.—The term ‘‘Department’’ 

17 means the Department of Labor. 

18 (7) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Labor. 

20 (8) REGULAR RATE OF PAY.—The term ‘‘reg21 ular rate of pay’’ means an hourly wage rate agreed 

22 to by the day labor employer and day laborer. If a 

23 daily rate is negotiated, the regular rate of pay shall 

24 be calculated by dividing the total remuneration 

25 agreed upon for 1 week by 40. On jobs that require 
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1 prevailing wage rates, the regular rate of pay shall 

2 be the prevailing wage or wage agreed to by the day 

3 laborer employer and day laborer, whichever is high4 er. In no circumstances shall the regular rate of pay 

5 be less than that required by law. 

6 (9) DAY LABOR SERVICE AGENCY.—The term 

7 ‘‘day labor service agency’’ means any person or en8 tity that recruits, dispatches, or otherwise facilitates 

9 the employment of day laborers by a third party em10 ployer. A day labor service agency is a day labor em11 ployer and shares all legal obligations placed on a 

12 day labor employer by this Act. A not-for-profit or13 ganization is not a day labor service agency. 

14 (10) WORKDAY AND DAY.—The terms ‘‘work15 day’’ and ‘‘day’’ mean any consecutive 24 hours pe16 riod beginning at the same time each calendar day. 

17 (11) THIRD PARTY EMPLOYER.—The term 

18 ‘‘third party employer’’ refers to a person or entity 

19 that suffers or permits a day laborer to work by con20 tracting with a day labor service agency. Third party 

21 employers are day labor employers and share all 

22 legal obligations placed on day labor employers. 

23 SEC. 5. SUSTAINABLE WAGES. 

24 (a) SUSTAINABLE WAGE.—A day laborer shall be 

25 paid not less than the equivalent of the prevailing wage 
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1 rate paid to permanent employees who are performing 

2 substantially equivalent work, with due consideration 

3 given to seniority, experience, and skills. 

4 (b) NOTICE OF WAGE RATE.—Day labor employers 

5 shall provide notice of the wage rate expected to be paid 

6 to each day laborer. A day labor service agency shall pro7 vide notice of the wage rate expected to be paid by each 

8 third party employer using the services of the agency. A 

9 day laborer shall be paid by a third party employer not 

10 less than the wage rate stated in the notice of the agency 

11 for all work performed for the third party employer, in12 cluding work contained in the description issued under 

13 section 8. 

14 (c) WAGE REDUCTION.—Day labor employers are 

15 prohibited from reducing the wage rate of any permanent 

16 full time employee in order to comply with subsection (a) 

17 or (b). 

18 (d) OVERTIME.—A day laborer shall be compensated 

19 at a rate of 1 and one-half times the regular rate of pay 

20 for each hour worked beyond 8 hours up to and including 

21 12 hours in a workday, and for the first 8 hours worked 

22 on the seventh consecutive day of work in a work week. 

23 (e) DAILY OVERTIME.—Day laborers are entitled to 

24 double the regular rate of pay for all hours worked in ex25 cess of 12 hours in any workday and for all hours worked 
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1 in excess of 8 hours on the seventh consecutive day of 

2 work in a work week. 

3 (f) MINIMUM DAILY RATE.—A day laborer per4 forming day labor shall be compensated for not less that 

5 4 hours of work for each day worked. 

6 (g) CALL IN PAY.—If the day labor employer fails 

7 to appear after requesting a day laborer’s services at a 

8 designated time and location, the day laborer shall be com9 pensated for not less than 4 hours at the regular rate of 

10 pay. 

11 (h) WAIT TIME.—If a day laborer arrives for employ12 ment at the request of a day labor employer, time spent 

13 waiting for the employer is wait time compensable at the 

14 regular rate of pay. 

15 (i) REDUCTION OF SALARY.—If a day labor employer 

16 has offered and a day laborer has accepted a wage rate, 

17 the day labor employer cannot reduce that negotiated sal18 ary during that day of employment. 

19 (j) TRAVEL TIME.—Day laborers are to be com20 pensated for travel time if such activity is an integral and 

21 indispensable part of the principal activities that the work22 ers are employed to perform. For the purposes of this Act, 

23 time spent traveling from a day labor shape-up site, day 

24 labor hiring site, or day labor service agency to the work25 site shall be compensable at the regular rate of pay. 
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1 (k) AGENCY PROCESSING DELAY.—

2 (1) IN GENERAL.—If a day labor service agency 

3 expends more than 30 minutes in processing a day 

4 laborer’s work assignment, the day labor service 

5 agency shall pay the day laborer for any additional 

6 waiting time at the regular rate of pay. 

7 (2) LIMITATION.—The time spent in transit to 

8 or from the designated worksite or to or from the 

9 day labor service agency shall not be included in 

10 computing processing time. 

11 SEC. 6. OTHER RIGHTS OF DAY LABORERS. 

12 (a) PUBLIC ACCESS AREA.—Each day labor service 

13 agency shall provide adequate seating in the public access 

14 area of the offices of the agency. Employment and wage 

15 notices required by this Act shall be posted in the public 

16 access area. The public access area shall allow for access 

17 to restrooms and water.

18 (b) WORK RESTRICTION.—No day labor service agen19 cy shall restrict the right of a day laborer to accept a per20 manent position with a third party employer to whom the 

21 day laborer has been referred for temporary work or re22 strict the right of such third party employer to offer such 

23 employment to a day laborer. This subsection shall be un24 derstood to outlaw the charging of fines or additional 

25 amounts for making or accepting an offer of employment. 
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1 (c) BREAKS AND MEALS.—For each 4-hour period of 

2 uninterrupted day labor, a 15-minute compensated break 

3 shall be provided. For periods of uninterrupted day labor 

4 lasting longer than 6 hours, a 30-minute compensated 

5 lunch period shall be provided. 

6 (d) DISCLOSURE OF EMPLOYER INFORMATION.—At 

7 the time of hire, a day labor employer must provide a day 

8 laborer with the day labor employers’ phone number and 

9 business address. 

10 (e) TRANSPORTATION BACK TO POINT OF HIRE.—

11 Unless the day laborer requests otherwise, the day labor 

12 employer shall provide transportation back to the point of 

13 hire at the end of each work day. 

14 (f) TRANSPORTATION FEES.—Day labor service 

15 agencies, third party employers and day laborer employers 

16 shall not charge a day laborer for the costs of transpor17 tation to and from the premises of the day labor agency, 

18 day laborer shape-up site, or day laborer hiring site to the 

19 worksite. 

20 (g) PAYMENTS.—

21 (1) IN GENERAL.—At the time of the payment 

22 of wages, a day labor service agency shall provide 

23 each day laborer with an itemized statement showing 

24 in detail each deduction made from the wages. 
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1 (2) ANNUAL STATEMENT.—A day labor service 

2 agency shall provide each worker an annual earnings 

3 summary within a reasonable time after the pre4 ceding calendar year, but in no case later than Feb5 ruary 1. A day labor service agency shall, at the 

6 time of each wage payment, give notice to day labor7 ers of the availability of the annual earnings sum8 mary or post such a notice in a conspicuous place 

9 in the public reception area. 

10 (3) PAYMENT SCHEDULES.— At the request of 

11 a day laborer, a day labor service agency or day 

12 labor employer shall hold the daily wages of the day 

13 laborer and make either weekly or semimonthly pay14 ments. The wages shall be paid in a single check 

15 representing the wages earned during the period for 

16 which wage payments are to be made, as designated 

17 by the day laborer. A day labor service agency or 

18 day labor employer that makes daily wage payments 

19 shall provide written notification to all day laborers 

20 of the right to request weekly or semimonthly 

21 checks. The day laborer service agency may provide 

22 such notice by conspicuously posting the notice at 

23 the location where the wages are received by the day 

24 laborers. 
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1 (4) DAILY WAGES.—If day labor employment 

2 lasts less than 1 week wages shall be paid at the end 

3 of each workday. 

4 (5) CHECK CASHING.—A day labor service 

5 agency, day labor employer, or third party employer 

6 may not directly or indirectly charge any day laborer 

7 for cashing a check issued by the day labor service 

8 agency, day labor employer, or third party employer 

9 for wages earned by a day laborer who performed 

10 work through that day labor service agency, day 

11 labor employer or third party employer. 

12 (6) OVERPAYMENT.—A day laborer shall not be 

13 charged fees for overpayment by the day labor

14 agency. 

15 (7) NEGOTIABLE TENDER.—All noncash wage 

16 payments shall be in the form of immediately nego17 tiable tender payable in cash, on demand at a finan18 cial institution, and without discount. 

19 (8) PAYMENT BY CHECK.—If a day labor serv20 ice agency or day labor employer pays by check, that 

21 check shall be immediately redeemable. 

22 (9) PAYMENT ON TERMINATION.—All wages 

23 must be paid within 72 hours of termination. 

24 (10) PLACE OF PAYMENT ON TERMINATION.—

25 Upon termination, a day laborer may choose to be 
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1 paid either at the worksite, the day labor site, or the 

2 day labor service agency. A day laborer may also re3 quest that the check be sent by first class mail. Un4 less the day laborer requests otherwise, a day labor 

5 employer shall pay a discharged day laborer at the 

6 worksite. 

7 (h) OTHER RIGHTS GUARANTEED BY LAW.—Day la8 borers shall be afforded all other rights guaranteed work9 ers under the law. 

10 (i) SPECIFIC RIGHTS.—Day laborers shall be free of 

11 any restriction on their ability to solicit day labor or to 

12 express their availability for lawful day labor employment 

13 in any public area unless such restriction is applied to all 

14 speech or expression of any content, including political, ar15 tistic, religious, or commercial speech and to speech re16 gardless of whether the speaker is physically present or 

17 speaks through unattended signs or banners—

18 (1) this right shall be enforceable by day labor19 ers through a private action under section 1979 of 

20 the Revised Statutes (17 Stat. 13; 42 U.S.C. 1983); 

21 and 

22 (2) any local or State ordinance or law that vio23 lates this provision shall be enjoined as invalid. 
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1 SEC. 7. HEALTH AND SAFETY. 

2 (a) IN GENERAL.—Every day labor service agency 

3 and day labor employer shall furnish employment and a 

4 place of employment that is safe and healthful for day la5 borers. Such employment shall be free of recognized haz6 ards that are likely to cause death or serious physical 

7 harm to day laborers. 

8 (b) LIFE, SAFETY, AND HEALTH REQUIREMENTS.—

9 No day labor service agency or day laborer employer shall 

10 fail or neglect to do any of the following: 

11 (1) To provide and use safety devices and safe12 guards reasonably adequate to render the employ13 ment and place of employment safe at no cost to the 

14 day laborer. 

15 (2) To adopt and use methods and processes 

16 reasonably adequate to render the employment and 

17 place of employment safe.

18 (3) To do every other thing reasonably nec19 essary to protect the life, safety, and health of day 

20 laborers. 

21 (c) CITATIONS FOR FAILURE TO COMPLY.—On 

22 multi-employer worksites, both construction and non23 construction, citations may be issued to the following cat24 egories of employers when the Occupational Safety and 

25 Health Administration, referred to in this Act as 

26 ‘‘OSHA’’, has evidence that a day laborer was exposed to 
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1 a hazard in violation of any requirement enforceable by 

2 OSHA: 

3 (1) The employer whose day laborers were ex4 posed to the hazard (the exposing employer). 

5 (2) The employer who actually created the haz6 ard (the creating employer). 

7 (3) The employer who was responsible, by con8 tract or through actual practice, for safety and 

9 health conditions on the worksite, which is the em10 ployer who had the authority for ensuring that the 

11 hazardous condition is corrected (the controlling em12 ployer). 

13 (4) The employer who had the responsibility for 

14 actually correcting the hazard (the correcting em15 ployer). 

16 The employers listed in paragraphs (2) through (4), inclu17 sive, of this subsection may be cited regardless of whether 

18 their own day laborers were exposed to a hazard. 

19 (d) APPLICATION OF FEDERAL LAW.—

20 (1) IN GENERAL.—Employers and day laborers 

21 as defined by this Act shall be covered under the Oc22 cupational Health and Safety Act (OSHA). In addi23 tion to coverage under OSHA, employers and day la24 borers shall adhere to the following requirements: 
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1 (2) HEALTH CARE EXPENSES.—If a day laborer 

2 is injured while working, the day labor employer 

3 shall be responsible to pay for the health care costs 

4 associated with the injury and all compensable dam5 ages flowing from that injury unless coverage for the 

6 accident is available under the applicable State 

7 worker’s compensation law. The statute of limita8 tions shall be otherwise tolled during the period in 

9 which the day laborer seeks coverage under the ap10 plicable State workers’ compensation law. 

11 (3) HEALTH AND SAFETY EQUIPMENT.—The 

12 day labor service agency or day laborer employer 

13 shall provide at no cost to each day laborer any spe14 cial attire, accessories, tools, safety equipment or 

15 other items required by law or custom to perform 

16 the work assignment. 

17 (4) WORKERS’ COMPENSATION.—All day labor 

18 service agencies and day laborer employers are re19 quired to provide workers’ compensation benefits to 

20 their day labor day laborers, regardless of immigra21 tion status, for injuries arising out of and in the 

22 course of employment. 

23 (5) NOTIFICATION OF WORKERS’ COMPENSA24 TION BENEFITS.—Day labor service agencies and 

25 day laborer employers shall provide all day laborers 
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1 written notice on the first day of employment that 

2 contains a statement of the day laborer’s right to 

3 workers’ compensation benefits and the day labor 

4 service agency and day laborer employer’s workers’ 

5 compensation insurance carrier name and number. 

6 This notice shall be provided in English and any 

7 other language that is generally used by the work8 force serviced by the day labor service agency or em9 ployed by the employer. 

10 (6) NOTIFICATION, CONSENT, AND DISCLO11 SURE.—

12 (A) IN GENERAL.—The day labor service 

13 agency or any employer or agent of the em14 ployer must disclose the risk of exposure to haz15 ardous chemicals or any other unsafe materials 

16 or working condition that require the use of 

17 safety and protective equipment. 

18 (B) WRITTEN CONSENT.—Day labor serv19 ice agencies and day laborer employers are re20 quired to obtain the informed written consent of 

21 any day laborer who will be exposed to haz22 ardous materials. Written consent shall include: 

23 a description of the hazardous materials the 

24 day laborer will be exposed to, the possible 

25 health and safety consequences of exposure to 
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1 the hazardous materials and any specialized 

2 certification or training required to safely han3 dle the hazardous materials. 

4 (C) NO RETALITION.—A day labor service 

5 agency or day laborer employer shall not take 

6 any retaliatory action against a day laborer who 

7 refuses to perform hazardous work due to 

8 health or safety concerns. 

9 (7) TRANSPORTATION LIABILITY.—A day labor 

10 service agency, day labor employer or any other em11 ployer or agent of the employer that transports a 

12 day laborer to or from a designated worksite is liable 

13 for any injury to a day laborer arising from any ac14 cident that occurs while the day laborer is being 

15 transported to or from the worksite.

16 (8) MOTOR VEHICLE SAFETY.—

17 (A) IN GENERAL.—Any motor vehicle that 

18 is owned or operated by the day labor service 

19 agency or any other employer, or a contractor 

20 of either, which is used for the transportation 

21 of day laborers shall—

22 (i) have proof of financial responsi23 bility as provided for in applicable State 

24 insurance laws of the area; 
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1 (ii) be equipped with seats securely 

2 fastened to the vehicle; 

3 (iii) be equipped, if a motortruck, with 

4 a railing or other suitable enclosure on the 

5 sides and end of the vehicle not less than 

6 46 inches above the floor of the vehicle; 

7 and 

8 (iv) equipped with steps, stirrups, or 

9 other equivalent devices so placed and ar10 ranged that the vehicle may be safely 

11 mounted and dismounted. 

12 (B) UNSAFE VEHICLE.—A day labor serv13 ice agency or day labor employer who knows or 

14 should know that a motor vehicle used pri15 marily or regularly for the transportation of 

16 day laborers is unsafe, or not equipped as re17 quired by this Act, or any regulations adopted 

18 pursuant to this Act, shall not use the motor 

19 vehicle for transporting day laborers. 

20 (C) INSPECTION.—The Secretary or an ap21 pointed designee shall inspect motor vehicles 

22 used primarily or regularly for the transport of 

23 day laborers at least once annually to determine 

24 whether its construction, design, and equipment 

25 comply with all provisions of Federal and State 
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1 law. No person shall drive any motor vehicle 

2 used primarily or regularly for the transport of 

3 day laborers without displaying a certificate 

4 issued from the Secretary or an appointed des5 ignee confirming timely inspection and compli6 ance with all laws and regulations relating to 

7 construction, design, and equipment. 

8 (D) RENTER REQUIREMENTS.—An owner 

9 or person who rents any motor vehicle used pri10 marily or regularly for the transport of day la11 borers is responsible for compliance with the 

12 motor vehicle requirements of this Act. 

13 SEC. 8. NOTIFICATION REQUIREMENTS. 

14 (a) IN GENERAL.—

15 (1) NOTICE.—A day labor service agency shall, 

16 in the public reception area, post a list of all employ17 ers that are seeking day laborers which includes the 

18 following: 

19 (A) The name and address of the employer 

20 and the address of the worksite if different 

21 from that of the employer. 

22 (B) The type of job opportunities for day 

23 laborers. 

24 (C) The amount of wages to be paid per 

25 hour for the work. 
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1 (D) If transportation is available, whether 

2 the worksite is accessible by public or personal 

3 transportation, and the approximate commute 

4 time to the worksite. 

5 (2) DESCRIPTION.—A day labor service agency 

6 shall, for each job opportunity posted, provide a de7 tailed description of the work which shall include the 

8 following: 

9 (A) A detailed description of the work to 

10 be performed by the day laborer, including any 

11 requirements for special attire, accessories, or 

12 safety equipment. 

13 (B) The exact address of the worksite and 

14 a telephone number at which a day laborer can 

15 be reached for emergency purposes. If the loca16 tion is in a rural area, the notice must also con17 tain directions to the worksite. 

18 (C) The time of day the work will begin, 

19 the time of day the work will end, and the over20 time rate of pay. 

21 (D) Whether a meal is provided, either by 

22 the day labor service agency, day labor em23 ployer, or the third party employer, and the 

24 cost of the meal, if any. 
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1 (E) A phone number and business address 

2 for the third party employer requesting the day 

3 laborer through the day labor service agency. 

4 (b) POSTING.—The notices required to be posted 

5 under this section shall be written in English and any 

6 other language that is generally used in the locale of the 

7 day labor service agency. 

8 (c) OFFER AND ACCEPTANCE.—Upon offer and ac9 ceptance of a job, the information referred to in this sub10 section shall be provided to each day laborer in writing 

11 in English and any other language that is generally used 

12 in the locale of the day labor service agency, day labor 

13 site, or by the day laborer or at the time of acceptance. 

14 SEC. 9. DEDUCTIONS. 

15 (a) MEALS.—A day labor service agency or any other 

16 employer shall not charge a day laborer more than the 

17 actual cost of providing a meal. In no case shall a deduc18 tion for a meal be permitted against the wage require19 ments of this Act if—

20 (1) the day laborer does not consume the meal; 

21 (2) the day laborer has no realistic opportunity 

22 to obtain meals by other means due to the location 

23 of the job site and the time permitted for the meal; 

24 or 
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1 (3) the purchase of a meal is a condition of em2 ployment. 

3 (b) TRANSPORTATION.—A day labor service agency 

4 or any other employer shall not charge to transport a day 

5 laborer to or from the designated worksite. 

6 (c) SAFETY AND PROTECTIVE EQUIPMENT.—

7 (1) GENERAL RULE.—The day labor service 

8 agency or day laborer employer shall provide at no 

9 cost to each day laborer any special attire, acces10 sories, tools, safety equipment, or other items re11 quired by law or custom to perform the work assign12 ment. For any other equipment, clothing, acces13 sories, or any other items the day labor service agen14 cy or day laborer employer makes available for pur15 chase, the day laborer shall not be charged more 

16 than the actual market value for the item.

17 (2) EXCEPTION.—A day labor service agency or 

18 day laborer employer is not precluded from charging 

19 the day laborer the market value of items tempo20 rarily provided to the day laborer, in the event that 

21 the day laborer willfully fails to return such items. 

22 (d) HOUSING.—

23 (1) IN GENERAL.—An employer shall comply 

24 with applicable State requirements and Federal law 
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1 requirements when crediting lodging towards an em2 ployer’s wage obligation under this Act only if—

3 (A) lodging is received and used; 

4 (B) lodging is furnished as part of the day 

5 laborer’s compensation; and 

6 (C) the day laborer enters a voluntary 

7 written agreement to credit lodging toward the 

8 employer’s wage obligation. 

9 (2) LODGING REQUIREMENTS.—The amount 

10 credited for lodging shall not exceed an amount that 

11 would result in the day laborer earning less than the 

12 wage required by this Act. In order for lodging to 

13 be creditable towards the wage obligation, it shall be 

14 available to the day laborer for full-time occupancy 

15 and be adequate, decent, and sanitary according to 

16 usual and customary standards. 

17 SEC. 10. RETALIATION 

18 (a) PROHIBITION.—Any employer, or any agent of an 

19 employer, who knowingly retaliates through discharge or 

20 in any other manner against any day laborer shall be fined 

21 under title 18, United States Code or subject to a private 

22 cause of action. 

23 (b) PROTECTED ACTS FROM RETALIATION IN24 CLUDE.—The Secretary shall ensure that a day laborer 

25 is protected from retaliation for— 
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1 (1) making a complaint to the day laborer’s em2 ployer, or a State agency, or federal agency, or com3 munity organization that rights guaranteed a day la4 borer under this Act have been violated; 

5 (2) making a complaint to an employer, a co6 worker, or before a public hearing or the press that 

7 rights guaranteed a day laborer under this Act have 

8 been violated; 

9 (3) causing to be instituted any proceeding 

10 under or related to this Act; or 

11 (4) testifying or preparing to testify in an in12 vestigation or proceeding under this Act. 

13 SEC. 11. DAY LABOR SERVICE AGENCY AND DAY LABOR EM14 PLOYER REGISTRATION. 

15 (a) IN GENERAL.—A day labor service agency and 

16 day labor employer shall register with the Secretary in ac17 cordance with rules adopted by the Secretary for day labor 

18 service agencies and with State departments of labor 

19 which require such registration. 

20 (b) FEES.—The Secretary may assess each day labor 

21 agency and day labor employer a registration fee not to 

22 exceed $250. 
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1 SEC. 12. DEPARTMENT REQUIREMENTS AND RESPONSIBIL2 ITIES. 

3 (a) IN GENERAL.—The Secretary shall adopt rules 

4 and regulations necessary to implement the provisions of 

5 this Act, including provisions for hearings and imposition 

6 of penalties for violations of this Act. 

7 (b) POSTING REQUIREMENT.—The Secretary shall 

8 cause to be posted in each day labor service agency a no9 tice in English and any other language generally spoken 

10 in the locale of the day labor service agency which informs 

11 the public of a toll-free telephone number for day laborers 

12 and the public to file wage dispute complaints and other 

13 alleged violations by day labor service agencies and other 

14 day labor employers. 

15 (c) FINES.—The Secretary shall have the authority 

16 to fine a day labor service agency or day labor employer 

17 that fails to register with the Department of Labor in ac18 cordance with this Act $1,000 for the first offense and 

19 $5,000 for each subsequent offense. 

20 (d) SUSPENSIONS AND REVOCATIONS.—The Sec21 retary shall have the authority to suspend or revoke the 

22 registration of a day labor service agency or day labor em23 ployer if warranted by public health and safety concerns 

24 or violations of this Act. 
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1 (e) INVESTIGATIONS.—The Secretary shall promptly 

2 investigate complaints concerning alleged violations of this 

3 Act. 

4 SEC. 13. CRIMINAL SANCTIONS. 

5 (a) CRIMINAL PROVISION.—

6 (1) IN GENERAL.—Any employer or any agent 

7 of an employer, who, willfully and knowingly violates 

8 this Act, shall be fined under title 18, United States 

9 Code. 

10 (2) CONTINUED VIOLATION.—Each day during 

11 which any violation of this Act subsection (a) or (b) 

12 continues shall constitute a separate and distinct of13 fense. 

14 SEC. 14. JUDICIAL ENFORCEMENT. 

15 (a) INJUNCTIVE RELIEF.—The Secretary may peti16 tion any appropriate district court of the United States 

17 for temporary or permanent injunctive relief if the Sec18 retary determines that this Act, or any regulation under 

19 this Act, has been violated. 

20 (b) CONTROL OF CIVIL LITIGATION.—The Solicitor 

21 of Labor may appear for and represent the Secretary in 

22 any civil litigation brought under this Act, but all such 

23 litigation shall be subject to the direction and control of 

24 the Attorney General. 
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1 SEC. 15. ADMINISTRATIVE SANCTIONS. 

2 (a) CIVIL MONEY PENALTIES FOR VIOLATIONS.—

3 Any person who commits a violation of this Act or any 

4 regulation under this Act shall be assessed a penalty of 

5 $1000 for each violation. 

6 (b) COLLECTION OF AMOUNTS ON BEHALF OF IN7 JURED DAY LABORERS.—

8 (1) If an employer willfully violates sections 5 

9 or 9 of this Act, the Secretary shall collect, on behalf 

10 of each injured day laborer, the amount of wages not 

11 paid in violation of the Act and an equal amount for 

12 each day for which the wages are not paid. 

13 (2) An employer that willfully violates sections 

14 6, 7, or 8 of this Act shall be assessed by the Sec15 retary an amount up to $500 per violation of each 

16 section, which the Secretary shall collect on behalf of 

17 each injured day laborer. 

18 SEC. 16. PRIVATE CAUSE OF ACTION. 

19 (a) MAINTENANCE OF CIVIL ACTION IN DISTRICT

20 COURT BY AGGRIEVED PERSON.—Any person aggrieved

21 by a violation of this Act or any regulation under this Act 

22 by an employer may file suit in any district court of the 

23 United States or State court of competent jurisdiction 

24 without regard to the citizenship of the parties and with25 out regard to exhaustion of any alternative administrative 

26 remedies provided herein. Actions may be brought by one 
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1 or more day laborers for and on behalf of himself or them2 selves and other day laborers similarly situated. 

3 (b) AWARD OF DAMAGES OR OTHER EQUITABLE RE4 LIEF.—Any day laborer whose rights have been violated 

5 under this Act by his or her employer shall be entitled 

6 to collect—

7 (1) in the case of a violation under sections 5 

8 or 9 of the Act, the amount of any wages, salary, 

9 employment benefits, or other compensation denied 

10 or lost to such day laborer by reason of the violation, 

11 plus an equal amount for each day for which wages 

12 are not paid; 

13 (2) in the case of a violation under sections 6, 

14 7, or 8 of the Act, compensatory damages and an 

15 amount up to $500 for the violation of each subpart 

16 of each section; 

17 (3) in the case of a violation under section 10 

18 of the Act, all legal or equitable relief as may be ap19 propriate to effectuate the purposes of Section 10 of 

20 the Act; 

21 (4) attorney’s fees and costs; or 

22 (5) punitive damages in a case in which any 

23 employer, or agent of an employer, threatens to call 

24 the Immigration and Naturalization Service or the 
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1 police in retaliation for protected acts described in 

2 section 10 of the Act. 

3 (c) STATUTE OF LIMITATIONS.—The right of an ag4 grieved person to bring a cause of action under this section 

5 terminates upon the passing of 3 years from the final date 

6 of employment by the employer. This limitations period 

7 is tolled if a day labor employer has deterred a day labor8 er’s exercise of rights under this act by contacting or 

9 threatening to contact the Immigration and Naturaliza10 tion Service or other law enforcement agencies. 

11 (d) WAIVER THROUGH CONTRACT.—Any agreement 

12 between a day laborer and a day labor employer to waive 

13 rights and responsibilities under this Act are void and un14 enforceable as violative of public policy. 

15 (e) EVIDENTIARY BURDEN.—If an employer has not 

16 met the notifications requirements under this Act or re17 quired recordkeeping pursuant to title II of the Labor18 Management Reporting and Disclosure Act of 1959 (29 

19 U.S.C. section 201 et seq.), there is a presumption that 

20 any reasonable factual presentation by the day laborer is 

21 accurate. The employer is then required to disprove the 

22 day laborer’s representation by clear and convincing evi23 dence. 
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1 SEC. 17. PREVENTION OF DISCRIMINATION DURING AND 

2 AT THE CONCLUSION OF LABOR DISPUTES. 

3 Section 8(a) of the National Labor Relations Act (29 

4 U.S.C. 158(a)) is amended—

5 (1) by striking the period at the end of para6 graph (5) and inserting ‘; or’; and 

7 (2) by adding at the end thereof the following 

8 new paragraph: 

9 ‘‘(6)(A) to offer, or to grant, the status of a 

10 permanent replacement day laborer to an individual 

11 for performing bargaining unit work for the em12 ployer during a labor dispute, or 

13 ‘‘(B) to otherwise offer, or grant, an individual 

14 any employment preference based on the fact that 

15 such individual was employed, or indicated a willing16 ness to be employed, during a labor dispute over an 

17 individual who—

18 ‘‘(i) was an day laborer of the employer at 

19 the commencement of the dispute; 

20 ‘‘(ii) has exercised the right to join, to as21 sist, or to engage in other concerted activities 

22 for the purpose of collective bargaining or other 

23 mutual aid or protection through the labor or24 ganization involved in the dispute; and 

25 ‘‘(iii) is working for, or has unconditionally 

26 offered to return to work for, the employer.’’. 
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1 SEC. 18. LABOR DISPUTES. 

2 No day labor service agency may send any day la3 borer to a workplace where a strike, lockout, or other labor 

4 trouble exists. 

5 SEC. 19. COMPLIANCE WITH STATE AND LOCAL LAWS. 

6 This Act is intended to supplement State and local 

7 laws, and compliance with this Act shall not excuse any 

8 person from compliance with appropriate State and local 

9 laws.

Æ