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H.R.2870 / 108th Congress

Day Laborer Fairness and Protection Act

Referred to the Subcommittee on Workforce Protections.

Official summary

Version 00 · Introduced in House · Jul 24, 2003

Day Laborer Fairness and Protection Act - Declares that a day laborer shall be paid not less than the equivalent of the prevailing wage rate paid to permanent employees who are performing substantially equivalent work, with due consideration given to seniority, experience, and skills. Prohibits employers from reducing the wage rate of any employee in order to comply with requirements of this Act.

Specifies other rights of day laborers. Sets forth requirements for among other matters: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) health and safety; and (4) agency and employer registration with the Secretary of Labor. Prohibits: (1) charges for cashing wage payment checks or for overpayments; (2) restrictions on worker acceptance of permanent positions (but allows placement fees to agencies by employers); and (3) retaliation against day laborers through discharge or in any other manner. 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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Who introduced it

Rep. Gutierrez, Luis V. [D-IL-4] · D–IL

Committees

  • Education and Workforce Committee
1 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Workforce Protections.

  2. Sponsor introductory remarks on measure. (CR E1598-1599)

  3. Referred to the House Committee on Education and the Workforce.

  4. Introduced in House

  5. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Mar 23, 2026. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.2870 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.2870 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.2870 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.2870 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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