253
requests otherwise, a day labor employer shall 
pay a discharged day laborer at the worksite. 
(8) OTHER RIGHTS GUARANTEED BY LAW.—
Day laborers shall be afforded all other rights guar-
anteed workers under the law. 
(9) 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 re-
striction 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—
(a) 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 
(b) any local or State ordinance or law 
that violates this provision shall be enjoined as 
invalid. 
(f) HEALTH AND SAFETY.—
(1) IN
GENERAL.—Every day labor service 
agency and day labor employer shall furnish employ-
ment and a place of employment that is safe and
254
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. 
(2) LIFE, SAFETY, AND
HEALTH
REQUIRE-
MENTS.—No day labor service agency or day laborer 
employer shall fail or neglect to do any of the fol-
lowing: 
(A) 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. 
(B) To adopt and use methods and proc-
esses reasonably adequate to render the employ-
ment and place of employment safe. 
(C) To do every other thing reasonably 
necessary to protect the life, safety, and health 
of day laborers. 
(3) CITATIONS FOR FAILURE TO COMPLY.—On 
multi-employer worksites, both construction and 
nonconstruction, citations may be issued to the fol-
lowing categories of employers when the Occupa-
tional Safety and Health Administration, referred to 
in this section as ‘‘OSHA’’, has evidence that a day 
laborer was exposed to a hazard in violation of any 
requirement enforceable by OSHA:
255
(A) The employer whose day laborers were 
exposed to the hazard (the exposing employer). 
(B) The employer who actually created the 
hazard (the creating employer). 
(C) 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 ensur-
ing that the hazardous condition is corrected 
(the controlling employer). 
(D) The employer who had the responsi-
bility for actually correcting the hazard (the 
correcting employer). 
The employers listed in subparagraphs (B) through 
(D), inclusive, of this paragraph may be cited re-
gardless of whether their own day laborers were ex-
posed to a hazard. 
(4) APPLICATION OF FEDERAL LAW.—
(A) IN GENERAL.—Employers and day la-
borers as defined by this section shall be cov-
ered under the Occupational Health and Safety 
Act (OSHA). In addition to coverage under 
OSHA, employers and day laborers shall adhere 
to the following requirements:
256
(B) 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 in-
jury unless coverage for the accident is avail-
able under the applicable State worker’s com-
pensation law. The statute of limitations shall 
be otherwise tolled during the period in which 
the day laborer seeks coverage under the appli-
cable State workers’ compensation law. 
(C) HEALTH AND SAFETY EQUIPMENT.—
The day labor service agency or day laborer em-
ployer shall provide at no cost to each day la-
borer any special attire, accessories, tools, safe-
ty equipment or other items required by law or 
custom to perform the work assignment. 
(D) WORKERS’ COMPENSATION.—All day 
labor service agencies and day laborer employ-
ers are required to provide workers’ compensa-
tion benefits to their day labor day laborers, re-
gardless of immigration status, for injuries aris-
ing out of and in the course of employment. 
(E) NOTIFICATION
OF
WORKERS’ COM-
PENSATION
BENEFITS.—Day 
labor 
service
257
agencies and day laborer employers shall pro-
vide all day laborers written notice on the first 
day of employment that contains a statement of 
the day laborer’s right to workers’ compensa-
tion benefits and the day labor service agency 
and day laborer employer’s workers’ compensa-
tion 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. 
(F) NOTIFICATION, CONSENT, AND
DIS-
CLOSURE.—
(i) IN GENERAL.—The day labor serv-
ice 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. 
(ii) 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 ex-
posed to hazardous materials. Written con-
sent shall include: a description of the haz-
258
ardous materials the day laborer will be ex-
posed 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. 
(iii) NO RETALIATION.—A day labor 
service agency or day laborer employer 
shall not take any retaliatory action 
against a day laborer who refuses to per-
form hazardous work due to health or safe-
ty concerns. 
(G) 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 des-
ignated worksite is liable for any injury to a 
day laborer arising from any accident that oc-
curs while the day laborer is being transported 
to or from the worksite. 
(H) MOTOR VEHICLE SAFETY.—
(i) IN GENERAL.—Any motor vehicle 
that is owned oroperated by the day labor 
service agency or any other employer, or a
259
contractor of either, which is used for the 
transportation of day laborers shall—
(I) have proof of financial re-
sponsibility as provided for in applica-
ble State insurance laws of the area; 
(II) be equipped with seats se-
curely 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, stir-
rups, or other equivalent devices so 
placed and arranged that the vehicle 
may be safely mounted and dis-
mounted. 
(ii) 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 trans-
portation of day laborers is unsafe, or not 
equipped as required by this section, or 
any regulations adopted pursuant to this
260
section, shall not use the motor vehicle for 
transporting day laborers. 
(iii) INSPECTION.—The Secretary or 
an appointed designee shall inspect motor 
vehicles used primarily or regularly for the 
transport of day laborers at least once an-
nually to determine whether its construc-
tion, 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 certifi-
cate issued from the Secretary or an ap-
pointed designee confirming timely inspec-
tion and compliance with all laws and reg-
ulations relating to construction, design, 
and equipment. 
(iv) 
RENTER
REQUIREMENTS.—An 
owner or person who rents any motor vehi-
cle used primarily or regularly for the 
transport of day laborers is responsible for 
compliance with the motor vehicle require-
ments of this section. 
(g) NOTIFICATION REQUIREMENTS.—
(1) IN GENERAL.—
261
(A) 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: 
(i) The name and address of the em-
ployer and the address of the worksite if 
different from that of the employer. 
(ii) The type of job opportunities for 
day laborers. 
(iii) The amount of wages to be paid 
per hour for the work. 
(iv) If transportation is available, 
whether the worksite is accessible by public 
or personal transportation, and the approx-
imate commute time to the worksite. 
(B) DESCRIPTION.—A day labor service 
agency shall, for each job opportunity posted, 
provide a detailed description of the work which 
shall include the following: 
(i) A detailed description of the work 
to be performed by the day laborer, includ-
ing any requirements for special attire, ac-
cessories, or safety equipment. 
(ii) The exact address of the worksite 
and a telephone number at which a day la-
262
borer can be reached for emergency pur-
poses. If the location is in a rural area, the 
notice must also contain directions to the 
worksite. 
(iii) The time of day the work will 
begin, the time of day the work will end, 
and the overtime rate of pay. 
(iv) Whether a meal is provided, ei-
ther by the day labor service agency, day 
labor employer, or the third party em-
ployer, and the cost of the meal, if any. 
(v) A phone number and business ad-
dress for the third party employer request-
ing the day laborer though the day labor 
service agency. 
(2) POSTING.—The notices required to be post-
ed under this subsection shall be written in English 
and any other language that is generally used in the 
locale of the day labor service agency. 
(3) 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 serv-
263
ice agency, day labor site, or by the day laborer or 
at the time of acceptance. 
(h) DEDUCTIONS.—
(1) 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 section if—
(A) the day laborer does not consume the 
meal; 
(B) the day laborer has no realistic oppor-
tunity to obtain meals by other means due to 
the location of the job site and the time per-
mitted for the meal; or 
(C) the purchase of a meal is a condition 
of employment. 
(2) TRANSPORTATION.—A day labor service 
agency or any other employer shall not charge to 
transport a day laborer to or from the designated 
worksite. 
(3) SAFETY AND PROTECTIVE EQUIPMENT.—
(A) GENERAL RULE.—The day labor serv-
ice agency or day laborer employer shall provide 
at no cost to each day laborer any special at-
tire, accessories, tools, safety equipment, or
264
other items required by law or custom to per-
form the work assignment. For any other 
equipment, clothing, accessories, or any other 
items the day labor service agency or day la-
borer employer makes available for purchase, 
the day laborer shall not be charged more than 
the actual market value for the item. 
(B) 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 la-
borer, in the event that the day laborer willfully 
fails to return such items. 
(4) HOUSING.—
(A) IN GENERAL.—An employer shall com-
ply with applicable State requirements and Fed-
eral law requirements when crediting lodging 
towards an employer’s wage obligation under 
this section only if—
(i) lodging is received and used; 
(ii) lodging is furnished as part of the 
day laborer’s compensation; and 
(iii) the day laborer enters a voluntary 
written agreement to credit lodging toward 
the employer’s wage obligation.
265
(B) 
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 sec-
tion. In order for lodging to be creditable to-
wards 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. 
(i) RETALIATION.—
(1) 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. 
(2) PROTECTED ACTS FROM RETALIATION IN-
CLUDE.—The Secretary shall ensure that a day la-
borer is protected from retaliation for— 
(A) making a complaint to the day labor-
er’s employer, or a State agency, or federal 
agency, or community organization that rights 
guaranteed a day laborer under this section 
have been violated; 
(B) making a complaint to an employer, a 
coworker, or before a public hearing or the
266
press that rights guaranteed a day laborer 
under this section have been violated; 
(C) causing to be instituted any proceeding 
under or related to this section, or; 
(D) testifying or preparing to testify in an 
investigation or proceeding under this section. 
(j) DAY LABOR SERVICE AGENCY AND DAY LABOR 
EMPLOYER REGISTRATION.—
(1) IN GENERAL.—A day labor service agency 
and day labor employer shall register with the Sec-
retary in accordance with rules adopted by the Sec-
retary for day labor service agencies and with State 
departments of labor which require such registra-
tion. 
(2) FEES.—The Secretary may assess each day 
labor agency and day labor employer a registration 
fee not to exceed $250. 
(k) DEPARTMENT REQUIREMENTS
AND RESPON-
SIBILITIES.—
(1) IN
GENERAL.—the Secretary shall adopt 
rules and regulations necessary to implement the 
provisions of this section, including provisions for 
hearings and imposition of penalties for violations of 
this section.
267
(2) 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 serv-
ice 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 viola-
tions by day labor service agencies and other day 
labor employers. 
(3) FINES.—The Secretary shall have the au-
thority to fine a day labor service agency or day 
labor employer that fails to register with the Depart-
ment of Labor in accordance with this section 
$1,000 for the first offense and $5,000 for each sub-
sequent offense. 
(4) SUSPENSIONS
AND
REVOCATIONS.—The 
Secretary shall have the authority to suspend or re-
voke the registration of a day labor service agency 
or day labor employer if warranted by public health 
and safety concerns or violations of this section. 
(5) 
INVESTIGATIONS.—The 
Secretary 
shall 
promptly investigate complaints concerning alleged 
violations of this section. 
(l) CRIMINAL SANCTIONS.—
(1) CRIMINAL PROVISION.—
268
(A) IN GENERAL.—Any employer or any 
agent of an employer, who, willfully and know-
ingly violates this section, shall be fined under 
title 18, United States Code. 
(B) CONTINUED
VIOLATION.—Each day 
during which any violation of this section con-
tinues shall constitute a separate and distinct 
offense. 
(m) JUDICIAL ENFORCEMENT.—
(1) 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 section, or any 
regulation under this section, has been violated. 
(2) CONTROL OF CIVIL LITIGATION.—The Solic-
itor of Labor may appear for and represent the Sec-
retary in any civil litigation brought under this sec-
tion, but all such litigation shall be subject to the di-
rection and control of the Attorney General. 
(n) ADMINISTRATIVE SANCTIONS.—
(1) CIVIL
MONEY
PENALTIES
FOR
VIOLA-
TIONS.—Any person who commits a violation of this 
section or any regulation under this section shall be 
assessed a penalty of $1000 for each violation.
269
(2) COLLECTION OF AMOUNTS ON BEHALF OF 
INJURED DAY LABORERS.—
(A) If an employer willfully violates sub-
section (d) or (h) of this section, the Secretary 
shall collect, on behalf of each injured day la-
borer, the amount of wages not paid in violation 
of the section and an equal amount for each 
day for which the wages are not paid. 
(B) An employer that willfully violates sub-
section (e), (f), or (g) of this section shall be as-
sessed by the Secretary an amount up to $500 
per violation of each subsection, which the Sec-
retary shall collect on behalf of each injured day 
laborer. 
(o) PRIVATE CAUSE OF ACTION.—
(1) MAINTENANCE
OF
CIVIL
ACTION
IN
DIS-
TRICT COURT BY AGGRIEVED PERSON.—Any person 
aggrieved by a violation of this section or any regu-
lation under this section 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 rem-
edies provided herein. Actions may be brought by 
one or more day laborers for and on behalf of him-
270
self or themselves and other day laborers similarly 
situated. 
(2) AWARD OF DAMAGES OR OTHER EQUITABLE 
RELIEF.—Any day laborer whose rights have been 
violated under this section by his or her employer 
shall be entitled to collect—
(A) in the case of a violation under sub-
section (d) or (h) of this section, 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; 
(B) in the case of a violation under sub-
section (e), (f), or (g) of this section, compen-
satory damages and an amount up to $500 for 
the violation of each subpart of each subsection; 
(C) in the case of a violation under sub-
section (i) of this section, all legal or equitable 
relief as may be appropriate to effectuate the 
purposes of subsection (i); 
(D) attorney’s fees and costs; or 
(E) punitive damages in a case in which 
any employer, or agent of an employer, threat-
ens to call the Immigration and Naturalization
271
Service or the police in retaliation for protected 
acts described in subsection (i) of this section. 
(3) STATUTE OF LIMITATIONS.—The right of 
an aggrieved person to bring a cause of action under 
this subsection terminates upon the passing of 3 
years from the final date of employment by the em-
ployer. This limitations period is tolled if a day labor 
employer has deterred a day laborer’s exercise of 
rights under this section by contacting or threat-
ening to contact the Immigration and Naturalization 
Service or other law enforcement agencies. 
(4) WAIVER THROUGH CONTRACT.—Any agree-
ment between a day laborer and a day labor em-
ployer to waive rights and responsibilities under this 
section are void and unenforceable as violative of 
public policy. 
(5) EVIDENTIARY
BURDEN.—If an employer 
has not met the notifications requirements under 
this section or required recordkeeping pursuant to 
title II of the Labor-Management Reporting and 
Disclosure Act of 1959 (29 U.S.C. 201 et seq.), 
there is a presumption that any reasonable factual 
presentation by the day laborer is accurate. The em-
ployer is then required to disprove the day laborer’s 
representation by clear and convincing evidence.
272
(p) 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 para-
graph (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 em-
ployer 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 willing-
ness 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 as-
sist, or to engage in other concerted activities 
for the purpose of collective bargaining or other 
mutual aid or protection through the labor or-
ganization involved in the dispute; and
273
‘‘(iii) is working for, or has unconditionally 
offered to return to work for, the employer.’’. 
(q) LABOR DISPUTES.—No day labor service agency 
may send any day laborer to a workplace where a strike, 
lockout, or other labor trouble exists. 
(r) COMPLIANCE WITH STATE AND LOCAL LAWS.—
This section is intended to supplement State and local 
laws, and compliance with this section shall not excuse any 
person from compliance with appropriate State and local 
laws. 
SEC. 708. SOCIAL SECURITY ADMINISTRATION OUTREACH 
TO HOMELESS PERSONS. 
(a) OUTREACH AND APPLICATION ASSISTANCE TO 
HOMELESS APPLICANTS
FOR BENEFITS
AND BENE-
FICIARIES UNDER TITLE II AND TITLE XVI OF THE SO-
CIAL SECURITY ACT.—Part A of title XI of the Social Se-
curity Act is amended by adding after section 1150 the 
following new section: 
‘‘OUTREACH
AND
APPLICATION
ASSISTANCE
TO
HOME-
LESS
APPLICANTS
FOR
BENEFITS
AND
BENE-
FICIARIES UNDER TITLE II AND TITLE XVI 
‘‘SEC. 1150A. (a) OUTREACH.—The Commissioner of 
Social Security shall conduct outreach efforts to—
‘‘(1) locate and identify homeless individuals 
who may be eligible for benefits under title II or 
XVI,
274
‘‘(2) make readily available to such individuals 
information regarding the availability of such bene-
fits, and 
‘‘(3) offer assistance to such individuals in fil-
ing applications for such benefits. 
‘‘(b) MODIFICATION OF APPLICATION PROCEDURES 
TO ACCOMMODATE OUTREACH.—The Commissioner shall 
include on application forms made available for use in ap-
plying for benefits under titles II and XVI, in the proce-
dures for filing such applications, and in the procedures 
for determining continuing eligibility for or entitlement to 
such benefits, mechanisms for collecting data determined 
useful in furthering the efforts required to be undertaken 
under subsection (a). 
‘‘(c) EXPEDITED PROCESSING OF APPLICATIONS.—
In furtherance of the efforts required to be undertaken 
under subsection (a), the Commissioner shall ensure that 
diligent efforts are maintained to expedite the processing 
of applications for benefits under titles II and XVI. 
‘‘(d) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out the provisions of this section, there are author-
ized to be appropriated to the Social Security Administra-
tion, from amounts otherwise available in the general fund 
of the Treasury—
‘‘(1) $20,000,000 for fiscal year 2004, and
275
‘‘(2) such sums as are necessary for each of fis-
cal years 2005, 2006, 2007, and 2008.’’. 
(b) REPEAL OF LIMITATION ON RECEIPT OF SSI.—
Section 1611(e)(1)(D) of the Social Security Act (42 
U.S.C. 1382(e)(1)(D)) is amended by striking the semi-
colon and all that follows and inserting a period. 
(c) MEMBERSHIP
ON INTERAGENCY COUNCIL
ON 
THE HOMELESS.—Section 2022(a) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11312(a)) is 
amended—
(1) by redesignating paragraph (16) as para-
graph (17); and 
(2) by inserting after paragraph (15) the fol-
lowing new paragraph: 
‘‘(16) The Commissioner of Social Security, or 
the designee of the Commissioner.’’. 
(d) INCREASE IN SSI ASSET LIMITS.—
(1) 
ELIGIBLE
COUPLES.—Section 
1611(a)(3)(A) of the Social Security Act (42 U.S.C. 
1382(a)(3)(A)) is amended by inserting ‘‘, and to 
$4,500 on January 1, 2004, and shall be increased 
by $150 on January 1 of each succeeding year’’ be-
fore the period. 
(2) 
ELIGIBLE
INDIVIDUALS.—Section 
1611(a)(3)(B) of the Social Security Act (42 U.S.C.
276
1382(a)(3)(B)) is amended by inserting ‘‘, and to 
$3,000 on January 1, 2004, and shall be increased 
by $100 on January 1 of each succeeding year’’ be-
fore the period. 
(e) PRESUMPTIVE ELIGIBILITY FOR SSI FOR PEO-
PLE EXPERIENCING, OR AT RISK OF, HOMELESSNESS.—
Section 1614(a)(3) of the Social Security Act (42 U.S.C. 
1382c(a)(3)) is amended by adding at the end the fol-
lowing: 
‘‘(K) The Secretary shall presume that a claimant for 
benefits under this title on the basis of disability is dis-
abled if the claimant submits to the Secretary—
‘‘(i) a statement, signed by a physician, which 
attests that the claimant is disabled and describes 
the nature of the disability; and 
‘‘(ii) evidence verifying that the claimant is 
homeless (as defined in section 103 of the McKin-
ney-Vento Homeless Assistance Act) or at risk of 
imminent homelessness.’’.
Æ