Day Laborer Rights & Worker Centers

Day laborers are hired for a day or a few days at a time, often outside home improvement stores or through labor halls. They do some of the hardest and most dangerous work in construction, and they’re among the most likely to be cheated out of pay. The law protects them like any other worker.

• Construction
• All workers
• Illinois

Your rights

• Minimum wage and overtime for every hour worked, including waiting and driving between jobs for the employer. See Minimum Wage.
• A safe workplace under OSHA, including training and the safety equipment the job needs. See Your Rights as a Worker.
• Workers’ compensation if you’re hurt, in most states, even if you only worked one day.
• These rights apply regardless of immigration status. See Rights of Immigrant Workers.
• You can’t be punished for complaining about pay or safety.

Before you get in the truck

Write down, or take a phone photo of:

• The employer’s name and phone number (call it to make sure it works)
• The license plate of the vehicle
• The address where you’ll be working
• The pay rate agreed (per hour or per day) and when you’ll be paid
• What the work is, and how long it should take
• Whether the employer will provide gloves, glasses, hard hats or harnesses

Text the information to a friend or family member, or leave it with a worker center, so someone knows where you are.

On the job

• Keep a notebook or phone log of your start time, breaks and end time each day.
• Take photos of the work and the address.
• Ask for safety equipment. Don’t enter an unprotected trench, work on a roof edge with no fall protection, or use a tool you haven’t been shown how to use.
• Drink water and rest in the shade when it’s hot. See Heat Illness.
• If you’re hurt, get medical care and tell the employer right away. Write down what happened.

Worker centers

Worker centers are community organizations that run hiring halls and support day laborers. Many:

• Set minimum pay rates and keep records of who hired whom
• Offer free OSHA and safety training, sometimes in Spanish and other languages
• Help workers recover stolen wages, through letters, the labor department or small claims court
• Provide a safe place to wait for work, with water and restrooms

The National Day Laborer Organizing Network (NDLON) lists centers across the country.

If you’re not paid

1. Ask for the pay in a text, and keep the reply.
2. Contact a worker center or legal aid office.
3. File a wage claim with your state labor department or the U.S. DOL Wage and Hour Division (1-866-487-9243). They don’t ask about immigration status.
4. Consider small claims court. See Using Small Claims Court for Unpaid Wages.

If you were placed by a day labor agency, the agency and the business you worked for may both be responsible. Some states, such as Illinois, have special laws for day and temporary labor agencies. See Temporary & Staffing Agency Workers.

Last updated: October 2, 2026