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.
Be it enacted by the Senate and House of Representa-
tives 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 per-
cent 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 flexi-
bility of utilizing a contingent workforce. This reli-
ance has resulted in a significant decrease in the 
number of workers with health insurance coverage, 
included in retirement and pension plans, and receiv-
ing other employment benefits such as long-term dis-
ability coverage. Contingent workers have lower fam-
ily incomes than those in full-time permanent em-
ployment. Many contingent workers live below the 
Federal poverty line. 
(3) The General Accounting Office has found 
that the day labor workforce is particularly vulner-
able to workplace abuses. Day laborers are subject 
to a wide range of abuses of their civil rights, em-
ployment and labor rights, and health and safety 
rights. Although day laborers and contingent work-
ers face higher incidences of workplace abuse, the 
General Accounting Office has found current prac-
tices 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 vio-
lations committed by day labor employers and tem-
porary labor agencies. The short nature of the em-
ployment relationship, multiple barriers to enforce-
ment 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; pay-
ment 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 so-
cial and legal services that could assist them in en-
forcing 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 la-
borers are often assigned to the dangerous tasks 
shunned by workers with more options. Employers
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 organiza-
tion that provides a space for day laborers to assem-
ble 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 ‘‘reg-
ular 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 high-
er. 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 en-
tity that recruits, dispatches, or otherwise facilitates 
the employment of day laborers by a third party em-
ployer. A day labor service agency is a day labor em-
ployer and shares all legal obligations placed on a 
day labor employer by this Act. A not-for-profit or-
ganization is not a day labor service agency. 
(10) WORKDAY AND DAY.—The terms ‘‘work-
day’’ and ‘‘day’’ mean any consecutive 24 hours pe-
riod 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 con-
tracting 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 pro-
vide 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, in-
cluding 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 ex-
cess 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 per-
forming 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 com-
pensated for not less than 4 hours at the regular rate of 
pay. 
(h) WAIT TIME.—If a day laborer arrives for employ-
ment 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 sal-
ary during that day of employment. 
(j) TRAVEL TIME.—Day laborers are to be com-
pensated for travel time if such activity is an integral and 
indispensable part of the principal activities that the work-
ers 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 work-
site 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 agen-
cy shall restrict the right of a day laborer to accept a per-
manent position with a third party employer to whom the 
day laborer has been referred for temporary work or re-
strict the right of such third party employer to offer such 
employment to a day laborer. This subsection shall be un-
derstood 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 transpor-
tation 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 pre-
ceding calendar year, but in no case later than Feb-
ruary 1. A day labor service agency shall, at the 
time of each wage payment, give notice to day labor-
ers of the availability of the annual earnings sum-
mary 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 pay-
ments. 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 nego-
tiable tender payable in cash, on demand at a finan-
cial institution, and without discount. 
(8) PAYMENT BY CHECK.—If a day labor serv-
ice 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 re-
quest that the check be sent by first class mail. Un-
less 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 la-
borers shall be afforded all other rights guaranteed work-
ers 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, ar-
tistic, religious, or commercial speech and to speech re-
gardless of whether the speaker is physically present or 
speaks through unattended signs or banners—
(1) this right shall be enforceable by day labor-
ers 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 vio-
lates 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 la-
borers. Such employment shall be free of recognized haz-
ards 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 safe-
guards reasonably adequate to render the employ-
ment 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 nec-
essary to protect the life, safety, and health of day 
laborers. 
(c) CITATIONS
FOR FAILURE TO COMPLY.—On 
multi-employer worksites, both construction and non-
construction, citations may be issued to the following cat-
egories 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 ex-
posed to the hazard (the exposing employer). 
(2) The employer who actually created the haz-
ard (the creating employer). 
(3) The employer who was responsible, by con-
tract or through actual practice, for safety and 
health conditions on the worksite, which is the em-
ployer who had the authority for ensuring that the 
hazardous condition is corrected (the controlling em-
ployer). 
(4) The employer who had the responsibility for 
actually correcting the hazard (the correcting em-
ployer). 
The employers listed in paragraphs (2) through (4), inclu-
sive, 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 Oc-
cupational Health and Safety Act (OSHA). In addi-
tion to coverage under OSHA, employers and day la-
borers 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 dam-
ages flowing from that injury unless coverage for the 
accident is available under the applicable State 
worker’s compensation law. The statute of limita-
tions shall be otherwise tolled during the period in 
which the day laborer seeks coverage under the ap-
plicable 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 spe-
cial 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 re-
quired to provide workers’ compensation benefits to 
their day labor day laborers, regardless of immigra-
tion status, for injuries arising out of and in the 
course of employment. 
(5) NOTIFICATION
OF
WORKERS’ COMPENSA-
TION
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 work-
force serviced by the day labor service agency or em-
ployed by the employer. 
(6) NOTIFICATION, CONSENT, AND
DISCLO-
SURE.—
(A) IN GENERAL.—The day labor service 
agency or any employer or agent of the em-
ployer must disclose the risk of exposure to haz-
ardous chemicals or any other unsafe materials 
or working condition that require the use of 
safety and protective equipment. 
(B) WRITTEN CONSENT.—Day labor serv-
ice agencies and day laborer employers are re-
quired to obtain the informed written consent of 
any day laborer who will be exposed to haz-
ardous 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 han-
dle 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 em-
ployer 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 ac-
cident 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 responsi-
bility 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 ar-
ranged that the vehicle may be safely 
mounted and dismounted. 
(B) UNSAFE VEHICLE.—A day labor serv-
ice agency or day labor employer who knows or 
should know that a motor vehicle used pri-
marily or regularly for the transportation of 
day laborers is unsafe, or not equipped as re-
quired 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 ap-
pointed 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 des-
ignee confirming timely inspection and compli-
ance with all laws and regulations relating to 
construction, design, and equipment. 
(D) RENTER REQUIREMENTS.—An owner 
or person who rents any motor vehicle used pri-
marily or regularly for the transport of day la-
borers 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 employ-
ers 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 de-
tailed 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 loca-
tion is in a rural area, the notice must also con-
tain directions to the worksite. 
(C) The time of day the work will begin, 
the time of day the work will end, and the over-
time rate of pay. 
(D) Whether a meal is provided, either by 
the day labor service agency, day labor em-
ployer, 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 ac-
ceptance of a job, the information referred to in this sub-
section 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 deduc-
tion for a meal be permitted against the wage require-
ments 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 em-
ployment. 
(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, acces-
sories, tools, safety equipment, or other items re-
quired by law or custom to perform the work assign-
ment. For any other equipment, clothing, acces-
sories, or any other items the day labor service agen-
cy or day laborer employer makes available for pur-
chase, 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 tempo-
rarily 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 em-
ployer’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
IN-
CLUDE.—The Secretary shall ensure that a day laborer 
is protected from retaliation for—
(1) making a complaint to the day laborer’s em-
ployer, or a State agency, or federal agency, or com-
munity organization that rights guaranteed a day la-
borer under this Act have been violated; 
(2) making a complaint to an employer, a co-
worker, 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 in-
vestigation or proceeding under this Act. 
SEC. 11. DAY LABOR SERVICE AGENCY AND DAY LABOR EM-
PLOYER REGISTRATION. 
(a) IN GENERAL.—A day labor service agency and 
day labor employer shall register with the Secretary in ac-
cordance 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 RESPONSIBIL-
ITIES. 
(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 no-
tice 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 ac-
cordance with this Act $1,000 for the first offense and 
$5,000 for each subsequent offense. 
(d) SUSPENSIONS
AND REVOCATIONS.—The Sec-
retary shall have the authority to suspend or revoke the 
registration of a day labor service agency or day labor em-
ployer 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 of-
fense. 
SEC. 14. JUDICIAL ENFORCEMENT. 
(a) INJUNCTIVE RELIEF.—The Secretary may peti-
tion any appropriate district court of the United States 
for temporary or permanent injunctive relief if the Sec-
retary 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 IN-
JURED 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 Sec-
retary 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 with-
out 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 them-
selves and other day laborers similarly situated. 
(b) AWARD OF DAMAGES OR OTHER EQUITABLE RE-
LIEF.—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 ap-
propriate 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 ag-
grieved 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 labor-
er’s exercise of rights under this act by contacting or 
threatening to contact the Immigration and Naturaliza-
tion 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 un-
enforceable as violative of public policy. 
(e) EVIDENTIARY BURDEN.—If an employer has not 
met the notifications requirements under this Act or re-
quired 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 evi-
dence.
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 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 
‘‘(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 la-
borer 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.
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