[Congressional Record (Bound Edition), Volume 149 (2003), Part 14]
[Extensions of Remarks]
[Page 19843]
[From the U.S. Government Publishing Office, www.gpo.gov]




           ENSURE FAIR WAGES AND DUE PROCESS FOR DAY LABORERS

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                         HON. LUIS V. GUTIERREZ

                              of illinois

                    in the house of representatives

                        Thursday, July 24, 2003

  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 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 3 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 and qualifications. Also, it will help ensure that 
workers are being properly trained before performing hazardous tasks. 
My bill would also ban fees and wage deductions for health and safety 
equipment and for transportation between the place of hire and the work 
site. Further, it requires itemized statements showing deductions made 
from day laborers' wages. It will also outlaw the unscrupulous practice 
of charging workers a fee for cashing paychecks. Some companies reap 
millions of dollars from this deceitful practice. 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 that will help ensure that people who work hard and pay 
taxes have the same employment protections as people in other jobs.

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