Day Laborer Fairness and Protection Act

Summary

Day Laborer Fairness and Protection Act - Requires day labor service agencies to provide notice of the wage rate expected to be paid by each third party employer using their services. Requires the wage rate for such third party employers to equal the rate paid to their permanent employees who perform substantially equivalent work, with due consideration given to seniority, experience, skills and qualifications. Prohibits employers from reducing the wage rate of any employee in order to comply with requirements of this Act. Sets forth requirements for: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) itemized wage statements, annual earnings summaries, and optional payment schedules; (4) nondiscrimination; (5) adequate seating, restrooms, and water in waiting areas; (6) health care liability for injuries on the job or in transit; (7) agency notices; (8) equitable expenses for day laborer meals, transportation, and equipment; and (9) agency registration with the Secretary of Labor. Prohibits: (1) charges for cashing wage payment checks or for overpayments; and (2) restrictions on worker acceptance of permanent positions (but allows placement fees to agencies by employers). 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.

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Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 2 August 2001

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• Introduced in House (PDF)

  Introduced in House · EN · 2 August 2001

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• Introduced in House

  summary · EN · 2 August 2001

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