[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4028 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4028

 To require employers of temporary H-2A workers to pay such workers at 
      least the greater of the Federal or State minimum wage rate.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2005

    Mr. Davis of Tennessee introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require employers of temporary H-2A workers to pay such workers at 
      least the greater of the Federal or State minimum wage rate.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIRED MINIMUM WAGE FOR TEMPORARY H-2A WORKERS.

    Section 218(b) of the Immigration and Nationality Act (8 U.S.C. 
1188(b)) is amended by adding at the end the following:
            ``(5) The employer has not provided the Secretary with 
        satisfactory assurances that the employer will pay the alien at 
        least--
                    ``(A) the legal Federal or State minimum wage rate, 
                whichever is highest, for every hour or portion thereof 
                worked during a pay period, if the alien will be paid 
                by the hour; or
                    ``(B) an aggregate amount, for each pay period, 
                that is at least equal to the amount the worker would 
                have earned during the pay period if the alien had been 
                paid at the hourly rate described in subparagraph (A) 
                for each hour worked, if the worker will be paid on a 
                piece rate basis.''.
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