EDITOR: The article appearing in the May 25, 2004, Morgan Hill
Times headlined
“Dayworkers panel, project honored with award” prompted me to
again write a letter to the editor.
EDITOR:
The article appearing in the May 25, 2004, Morgan Hill Times headlined “Dayworkers panel, project honored with award” prompted me to again write a letter to the editor. The article states that liaison workers will match employee with the job and translate details such as hours, pay and conditions so both sides know what they are contracting for. Nowhere in the article are state-mandated requirements for employment of day laborers appear.
The following article appeared in the April 25, 2004, San Jose Mercury News Action Line. Dennis Rockstroh, the Action Line editor, for the San Jose News, was asked by a reader for some information regarding hiring day laborers and the laws that apply. It should be of interest to people that are considering hiring day laborers for projects around the home.
Dennis Rockstroh checked with Susan Gard at the California State Department of Industrial Relations on laws regarding the employment of day laborers.
Here’s what Susan Gard said:
If the person hired is not a licensed, independent contractor, the homeowner becomes the employer of record. That means they:
• Must pay the person at least minimum wage
• Must pay overtime if worked
• Must provide two 10-minute rest periods and one 30-minute meal period in an eight-hour day
• Must provide a written pay stub showing gross wages earned, total hours worked net wages earned, inclusive, dates of the period for which the employee is paid, the name of the employee and his or her Social Security number, the employer’s name and address, the hourly pay rate and all deductions acquired by law
• Must have a workers’ compensation insurance policy covering every person employed. Gard said that your homeowner’s insurance may cover this, but you better check.
Additionally, Gard said, you must have a written injury and illness prevention program and provide the workers with safety and health training appropriate to the type of work being done. She said that the number of workers injured or killed doing residential construction is so high that Cal/OSHA targets this industry for special enforcement. You can call Cal/OSHA for help setting up an injury and Illness prevention program, which they will provide for free she said. The number is (800) 968-9424.
Rob Weaver,
Morgan Hill
