5 Things To Know About Your Rights As a Day Laborer in Illinois

Like all workers, day laborers have the same legal protections as other American workers, regardless of immigration status, under the Fair Labor Standards Act (FLSA). 

Even with such protections, day laborers experience wage theft, threats, and dangerous work conditions. 

Borderless created a resource guide to help day laborers understand their rights and what resources are available if they encounter stolen wages, unsafe conditions, or threats.

Getting paid

As a day laborer, you must be paid at least the federal minimum wage for all your work time, including training and travel. States like Illinois have additional protections. For instance, Illinois requires employers who hire day laborers for more than 90 days to pay the same rate and receive equivalent benefits as other employees.

If your employer has violated your rights as a day laborer, you can file a complaint with the Illinois Department of Labor online here. You can also file a complaint with Chicago’s Office of Labor Standards by calling 311.

You can also pursue legal action by filing a civil suit with a private attorney or legal aid group.

Making sure your job is safe

Federal law requires employers to maintain a safe workplace free of known health and safety hazards. Workers can speak up about safety concerns without fear of retaliation. 

Here are some basic safety questions to consider at a worksite:

• Do you have the proper size ladder? Is it sturdy?
•  If you are working on a scaffold, is it large enough to hold you and other workers? Has the scaffold recently been tested? 
• If you are working in a deep ditch, you want to ensure that there are protections to avoid a collapse. 
• If you are working with chemicals, do you have gloves and eyeglasses to protect you?
•  If you are lifting or moving heavy equipment or machinery, have you been trained on the dangers and ways to protect yourself? 
• If you work in hot conditions, do you have access to drinking water? Do you have access to breaks to cool down? 

If you believe your workplace is unsafe, you can file a confidential complaint and request an inspection by the Occupational Safety and Health Administration (OSHA) here.

You can also contact them if your employer threatens to fire you or retaliates against you if you complain to OSHA. The local Chicago office can be reached at (312) 793-7308.

Protecting yourself

It’s essential to document the work you complete. Your documentation should include your employer’s name, pay rate, location, type of work completed, date, and start and end time. If possible, take a photo of the employer’s license plate. The same applies if you are working for a contractor.

You can also share these details with friends, family members, or fellow day laborers.

If you are a victim or a witness to violations of employment or labor laws and do not have documents allowing you to be in the U.S., you can contact a labor organization and ask for deference. This will provide up to four years of work permission. The labor agency will contact the U.S. Department of Homeland Security (DHS), who will investigate your complaint and situation. DHS offers “discretionary protection on a case-by-case basis.”

Protecting Child Workers

U.S. and state of Illinois laws protect child laborers. The Illinois Department of Labor sets conditions for child workers under 16 years old. If you think a child has been abused on the job, is working in a dangerous situation, or has not been paid, contact the state agency.

You can report possible child workplace violations to the Illinois Department of Labor. U.S. law also protects child workers and you can reach the Wage and Hour Division of the U.S. Department of Labor in Chicago at 312-789-2950.

Community groups and organizations you can contact for support

If you have problems such as stolen wages, unsafe conditions, or threats from those who hire you, here are organizations that can help day laborers:

Raise the Floor Alliance, 

Address: 1 LaSalle St., Suite 1275, Chicago, 60602; 

Phone: 312 795 9115

Raise the Floor is a coalition of seven organizations that help workers and can direct you to those specializing in day labor. Some of these groups can help you file complaints and find support for your protection. They are:

Arise 

Address: 1700 W. Hubbard, 2E, Chicago, IL 60622 

Phone: 773.769.6000.

Arise offers support and a workers’ rights manual in Spanish, Polish and English. 

You can find their workers’ manual here. 

Chicago Community and Workers Rights, 

Address: 1801 S Ashland Ave, Chicago, IL 60608

Phone: (773) 653-3664. 

CCWR is an immigrant workers-led organization that offers support against workplace abuses and training on workers’ rights and how to organize within the workplace. 

Chicago Workers Collaborative

Locations: 

1914 S Ashland Ave,  Chicago, IL 60608

300 Grand Ave, Waukegan, IL 60085                               

783 Highland Ave, Elgin, IL 60123 

Phone:  847-596-7491

The CWC advocates for workers’ rights and helps workers navigate workplace issues such as sexual harassment, racial and LGBTQ discrimination, and more. It provides support in English and Spanish. 

Latino Union of Chicago

Address: 4811 N Central Park, Chicago, IL 60625

Phone: 312-491-9044

Latino Union is a center for hiring day laborers. It also provides workshops, classes, and support for filing wage theft complaints in English and Spanish.