Day Laborer Fairness and Protection Act

Bill: 108-hr-2870
Sponsor: Rep. Gutierrez, Luis V. [D-IL-4]
Introduced: 2003-07-24 in the House
Policy area: Labor and Employment
Subjects: Agriculture and Food
Alien labor
Checks
Chemicals
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Collective bargaining
Commuting
Damages
Disciplining of employees
Discrimination in employment
Dismissal of employees
Employee health benefits
Employee leasing
Employee rights
Employers' liability
Employment agencies
Environmental Protection
Equipment and supplies
Evidence (Law)
Finance and Financial Sector
Financial statements
Fines (Penalties)
Government Operations and Politics
Government paperwork
Governmental investigations
Grievance procedures
Health
Hours of labor
Housing and Community Development
Immigration
Industrial relations
Injunctions
Labor disputes
Law
Legal fees
Limitation of actions
Local laws
Lockouts
Motor vehicle safety
Occupational health and safety
Payroll deductions
Punitive damages
Salaries
Science, Technology, Communications
State laws
Telephone
Temporary employment
Transportation and Public Works
Travel costs
Unfair labor practices
Wages
Whistle blowing
Workers' compensation

Summary:
action_date: 2003-07-24
text: 
Day Laborer Fairness and Protection Act - Declares that 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. Prohibits employers from reducing the wage rate of any employee in order to comply with requirements of this Act.
 
Specifies other rights of day laborers. 
Sets forth requirements for among other matters: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) health and safety; and (4) agency and employer registration with the Secretary of Labor. 
Prohibits: (1) charges for cashing wage payment checks or for overpayments; (2) restrictions on worker acceptance of permanent positions (but allows placement fees to agencies by employers); and (3) retaliation against day laborers through discharge or in any other manner. 
Amends the National Labor Relations Act to make it an unfair labor practice for employers to offer and grant: (1) permanent replacement employee status or other employment preferences to individuals for performing bargaining unit work for the employer during a labor dispute; or (2) any employment preference based on an individual's being employed, or having indicated a willingness to be employed, during a labor dispute, over any employee who was there at dispute commencement, has exercised rights through the labor organization involved in the dispute, and is working for the employer, or has unconditionally offered to return to such work.

Legislative actions:
action_date: 2003-08-13
text: Referred to the Subcommittee on Workforce Protections.
action_date: 2003-07-25
text: Sponsor introductory remarks on measure. (CR E1598-1599)
action_date: 2003-07-24
text: Referred to the House Committee on Education and the Workforce.
action_date: 2003-07-24
text: Introduced in House
action_date: 2003-07-24
text: Introduced in House