[Congressional Record (Bound Edition), Volume 147 (2001), Part 11]
[Extensions of Remarks]
[Page 16238]
[From the U.S. Government Publishing Office, www.gpo.gov]



           ENSURE FAIR WAGES AND DUE PROCESS FOR DAY LABORERS

                                 ______
                                 

                         HON. LUIS V. GUTIERREZ

                              of illinois

                    in the house of representatives

                        Thursday, August 2, 2001

  Mr. GUTIERREZ. Mr. Speaker, today I am introducing the ``Day Laborer 
Fairness and Protection Act,'' a bill to ensure fair wages and due 
process for day laborers.
  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--often taking home far less than 
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. Some 
agencies even ask workers to sign waivers in case they are injured on 
the job.
  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 
(often 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 requires 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. Also, it mandates 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. Further, it requires itemized statements showing deductions made 
from day laborers' wages. Finally, it mandates that when a day laborer 
is hurt on the job, the employer who has requested the services of the 
day laborer provide for coverage of health care costs.
  Mr. Speaker, I urge my colleagues to support this pro-labor 
legislation.

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