S.744 Immigration bill - Sec. 3602: DISCLOSURE
Posted Wed, Apr 17, 2013 at 4:57 pm
- (a) Requirement for Disclosure- Any person who engages in
foreign labor contracting activity shall ascertain and disclose in
writing in English and in the primary language of the worker at the time
of the worker's recruitment, the following information:
- (1) The identity and address of the employer and the
identity and address of the person conducting the recruiting on behalf
of the employer, including any subcontractor or agent involved in such
- (2) All assurances and terms and conditions of
employment, from the prospective employer for whom the worker is being
recruited, including the work hours, level of compensation to be paid,
the place and period of employment, a description of the type and nature
of employment activities, any withholdings or deductions from
compensation and any penalties for terminating employment.
- (3) A signed copy of the work contract between the worker and the employer.
- (4) The type of visa under which the foreign worker is
to be employed, the length of time for which the visa will be valid and
the terms and conditions under which this visa will be renewed with a
clear statement of whether the employer will secure renewal of this visa
or if renewal must be obtained by the worker and any expenses
associated with securing or renewing the visa.
- (5) An itemized list of any costs or expenses to be
charged to the worker and any deductions to be taken from wages,
including any costs for housing or accommodation, transportation to and
from the worksite, meals, health insurance, workers' compensation, costs
of benefits provided, medical examinations, healthcare, tools, or
safety equipment costs.
- (6) The existence of any labor organizing effort, strike, lockout, or other labor dispute at the place of employment.
- (7) Whether and the extent to which workers will be
compensated through workers' compensation, private insurance, or
otherwise for injuries or death, including work related injuries and
death, during the period of employment and, if so, the name of the State
workers' compensation insurance carrier or the name of the policyholder
of the private insurance, the name and the telephone number of each
person who must be notified of an injury or death, and the time period
within which such notice must be given.
- (8) A statement, in a form specified by the Secretary--
- (A) stating that--
- (i) no foreign labor contractor, agent, or
employee of a foreign labor contractor, may lawfully assess any fee
(including visa fees, processing fees, transportation fees, legal
expenses, placement fees, and other costs) to a worker for any foreign
labor contracting activity; and
- (ii) the employer may bear such costs or fees
for the foreign labor contractor, but that these fees cannot be passed
along to the worker; and
- (B) explaining that--
- (i) no additional requirements or changes may
be made from the terms of the contract originally signed by the worker
unless the worker is provided at least 48 hours to review and consider
the additional requirements or changes;
- (ii) no such additional requirements or changes
may be made to the original contract signed by the worker without the
specific consent of the worker to each such additional requirement or
- (iii) such consent shall be obtained
voluntarily and without threat of penalty and if not so obtained will be
a violation of law subject to the provisions of section 3611;
- (C) describing the protections afforded the worker
by this section and by section 202 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1375b) and any applicable visa program, including--
- (i) relevant information about the procedure for filing a complaint provided for in section 3611 and
- (ii) the telephone number for the national human trafficking resource center hotline number.
- (9) Any education or training to be provided or
required, including the nature, timing and cost of such training and the
person who will pay such costs, whether the training is a condition of
employment, continued employment, or future employment; and whether the
worker will be paid or remunerated during the training period, including
the rate of pay.
- (10) Any other information that the Secretary may require by regulation.
- (b) Relationship to Labor and Employment Laws- Nothing in
the disclosure required by subsection (a) shall constitute a legal
conclusion as to the worker's status or rights under the labor and
- (c) Prohibition on False and Misleading Information- No
foreign labor contractor or employer who engages in any foreign labor
contracting activity shall knowingly provide materially false or
misleading information to any worker concerning any matter required to
be disclosed under section (a). The disclosure required by this section
is a document concerning the proper administration of a matter within
the jurisdiction of a department or agency of the United States for the
purposes of section 1519 of title 18, United States Code.