McCain Guest Worker bill S 1033: strong worker rights provisions

The current draft of S. 1033 probibits non-immigrant aliens using the Act to work in the U.S. from being employed as independent contractors. They will instead be employees of a foreign labor contractor. This provision is decidedly helpful to the worker in any industry that sees a lot of sub-contractors of questionable financial competence and sees aggressive use of independent contractor status to lower worker costs. Best example: construction, in particular residential construction. Jon Coppelman of WorkersCompInsider considers the independent contractor provision is very beneficial to the worker and questions if it will survive the legislative process. (He himself is a formeer union carpenter.)
My summary of some provisions:

Recognizes role of foreign labor contactor.

The term `foreign labor contracting activity’ means recruiting, soliciting, hiring, employing, or furnishing, an individual who resides outside of the United States for employment in the United States as a nonimmigrant alien described in section 101(a)(15)(H)(v)(a).

The worker will not be treated as independent contractor

Notwithstanding any other provision of law– A) a nonimmigrant alien is prohibited from being treated as an independent contractor; and (B) no person may treat a nonimmigrant alien ….as an independent contractor.
Enjoys all labor “rights and remedies”
A non-immigrant alien shall not be denied any right or any remedy under Federal, State, or local labor or employment law that would be applicable to a United States worker employed in a similar position with the employer because of the alien’s status as a nonimmigrant worker.

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