242 
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. 
(D) DAILY WAGES.—If day labor employ-
ment lasts less than 1 week wages shall be paid 
at the end of each workday. 
(E) CHECK CASHING.—A day labor service 
agency, day labor employer, or third party em-
ployer 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. 
(F) OVERPAYMENT.—A day laborer shall 
not be charged fees for overpayment by the day 
labor agency. 
(G) NEGOTIABLE
TENDER.—All noncash 
wage payments shall be in the form of imme-
diately negotiable tender payable in cash, on de-
243 
mand at a financial institution, and without dis-
count. 
(H) PAYMENT BY CHECK.—If a day labor 
service agency or day labor employer pays by 
check, that check shall be immediately redeem-
able. 
(I) 
PAYMENT
ON
TERMINATION.—All 
wages must be paid within 72 hours of termi-
nation. 
(J) PLACE
OF
PAYMENT
ON
TERMI-
NATION.—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. 
(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
244 
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 
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
245 
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: 
(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-
246 
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: 
(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
247 
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 
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
248 
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-
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
249 
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 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 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
250 
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 
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
251 
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.— 
(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.
252 
(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-
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