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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.


Listed below are links to weblogs that reference McCain Guest Worker bill S 1033: strong worker rights provisions:

» Experts See McCain Guest Worker Bill Providing Stronger Rights for Immigrant Labor from Workplace Prof Blog
Senator John McCain (R-AZ) has introduced a Guest Worker Bill for consideration by the Senate. As described by Peter Rousmaniere over at the Working Immigrants blog, the bill has some very favorable language for immigrant workers. In particular, the bill [Read More]

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