253 
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-
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;
254 
(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 
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
255 
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. 
(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.—
256 
(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 
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-
257 
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. 
(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
258 
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.— 
(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
259 
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. 
(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-
260 
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-
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
261 
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 
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.
262 
(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. 
(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
263 
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.’’. 
(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.
264 
SEC. 607. 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 (42 U.S.C. 1301–1320b-21) is amended by 
adding at the end the following: 
‘‘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, 
‘‘(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