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.