[Congressional Record Volume 146, Number 108 (Thursday, September 14, 2000)]
[Extensions of Remarks]
[Page E1487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          ENSURE EQUAL WAGES AND DUE PROCESS FOR DAY LABORERS

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                         HON. LUIS V. GUTIERREZ

                              of illinois

                    in the house of representatives

                      Thursday, September 14, 2000

  Mr. GUTIERREZ. Mr. Speaker, today I am introducing the ``Day Laborer 
Fairness and Protection Act,'' a bill to ensure equal wages and due 
process for day laborers. Twenty-five representatives have joined me as 
original cosponsors of this important legislation.
  Day laborers are individuals who are hired by agencies to work on a 
day-to-day basis for employers who pay for the services of temporary 
laborers. Day labor is not of a clerical or professional nature. Most 
day laborers perform construction, warehouse, restaurant, janitorial, 
landscaping or light industrial work--usually for the minimum wage.
  In the absence of federal guidelines, day laborers are often 
subjected to long, unpaid wait-periods before being assigned to a job. 
Commonly, these workers also face dangerous working conditions and are 
paid lower wages than full-time workers performing the same or similar 
jobs. Further, day laborers are frequently charged high (often 
undisclosed) fees for on-the-job meals, transportation to and from job 
sites and special attire and safety equipment necessary for jobs.
  Partially due to these unfair labor conditions, many day laborers are 
caught in a cycle of poverty. A recent study by the University of 
Illinois Center for Urban Economic Development found that 65 percent of 
510 surveyed day laborers receive $5.15 per hour. Taking into 
consideration the number of hours spent waiting to be assigned to work 
(of-ten between 1.5 and three hours), the real value per hour of work 
is reduced to less than about four dollars per hour. This low figure 
does not reflect transportation and food and equipment fees, which are 
often deducted from day laborers' wages.
  To address these problems, this Act includes the following 
definitions and requirements:
  Day laborer is defined as an individual who contracts for employment 
with a day labor service agency.
  Day labor service agency is defined as any person or entity engaged 
in the business of employing day laborers to provide services for any 
third party employer.
  Day laborer wages that are equal to those paid to permanent employees 
who are performing substantially equivalent work, with consideration 
given to seniority, experience, skills & qualifications.
  Wages for job assignment wait-times lasting more than thirty minutes. 
Such wages shall be at a rate that is not less than federal or state 
minimum wages.
  Itemized statements showing deductions made from day laborers' wages.
  When a day laborer is hurt on the job, coverage of health care costs 
by the employer who has requested the services of the day laborer.
  Enforcement of the ``Day Laborer Fairness and Protection Act'' by the 
U.S. Department of Labor.

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