State Laws on Day Laborers
January 2006
* A number of states have passed laws related to the emerging phenomenon of day labor in the United States. On any given day, over 100,000 workers are either looking for day-labor jobs or working as day laborers. Daily assignments are mainly for work in the construction and landscaping industries, though day laborers are also hired as farm workers, cleaners and movers. Their employers are usually residential construction contractors and homeowners who need immediate help with work projects. Most day laborers gather at informal hiring sites or day labor work centers. There are at least 63 worker centers operating in 17 states and many cities have initiated the process of opening centers. Most worker centers operate as hiring halls where employers and day laborers can arrange work for the day. Some worker centers also require job seekers and employers to register with center staff, set minimum wage rates and monitor labor standards. 8 states have enacted laws regarding the operation of work centers.
* This summary was based on a report released in January 2006 entitled, "On the Corner: Day Labor in the United States."
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State
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Citation/Bill
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Year
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Summary
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Arizona
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Rev. Stat. Ann.
§23-553
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n/a
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Specifies duties of day labor service agency regarding payment of wages and third party employers
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Rev. Stat. Ann.
§44-1362
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n/a
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Regarding check cashing for day laborer
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Chapter 285
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2005
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Prohibits city or town for constructing work center to knowingly facilitate employment for illegal aliens
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Arkansas
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Code Ann.
§18-44-203
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n/a
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Regarding furnishing materials or labor to contractors or subcontractors
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Florida
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Stat. Ann.
§448.24
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n/a
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Specifies duties of day labor pool regarding payment of wages and operation of labor hall.
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HB 525
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2005
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Prohibits a day labor service agency from charging a day laborer for transportation to or from a third-party employer's work site; provides day laborers with a method to obtain cash from a dispensing machine
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SB 1288
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2005
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Provides day laborers with a method to obtain cash from a dispensing machine
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Illinois
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30 ILCS 105/29a
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n/a
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Authorizes the Department of Transportation to contract for day laborers engaged in state road construction and maintenance;
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HB 3752
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2005
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Prohibits a day labor service agency from charging a day laborer for transportation to or from a third-party employer's work site
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Kansas
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Stat. Ann.
§55-208
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n/a
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Regarding furnishing oil and gas materials or labor to contractors or subcontractors
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Michigan
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Gen. Laws Ann.
§570.252
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n/a
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Regarding furnishing oil and gas materials or labor to contractors or subcontractors
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Montana
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Code Ann.
§71-3-1003
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n/a
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Regarding furnishing oil and gas materials or labor to contractors or subcontractors
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New Mexico
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Stat. Ann.
§50-15
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n/a
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Specifies duties of day labor service agency regarding payment of wages and third party employers
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Chapter 257
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2005
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Specifies duties of day labor service agency regarding payment of wages and third party employers
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Oklahoma
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Stat. Ann.
§19-8
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n/a
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Specifies "retainage" on public work contracts to pay day laborers and for other purposes
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South Carolina
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Code Ann.
§9-1-560
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n/a
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Allows day laborers to opt out of South Carolina Retirement System
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Vermont
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Stat. Ann. Tit. 5
§3536
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n/a
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Requires sufficient security for a railroad corporation from the contractors for the payment of day laborers.
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