Day Laborer Fairness and Protection Act

Day Laborer Fairness and Protection Act - Requires day labor service agencies to provide notice of the wage rate expected to be paid by each third party employer using their services. Requires the wage rate for such third party employers to equal the rate paid to their permanent employees who perform substantially equivalent work, with due consideration given to seniority, experience, skills and qualifications. Requires day laborers to be paid by third party employers at a wage rate not less than that stated in the agency notice for all work performed for such employers, including work contained in the detailed description issued under notification requirements of this Act. Prohibits employers from reducing the wage rate of any employee in order to comply with requirements of this Act.

Sets forth requirements for: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) itemized wage statements, annual earnings summaries, and optional payment schedules; (4) no charges for cashing wage payment checks or for overpayments; (5) nondiscrimination; (6) adequate seating, restrooms and water in waiting areas; (7) no restrictions on worker acceptance of permanent positions, but allowance placement fees paid to agencies by employers; (8) health care liability for injuries on the job or in transit; (9) agency notices, including employer lists and descriptions of jobs, wages, and other working conditions; (10) equitable expenses for day laborer meals, transportation, and equipment; (11) agency registration with the Secretary of Labor; and (12) Department of Labor enforcement of this Act.

Amends the National Labor Relations Act to make it an unfair labor practice for employers to offer and grant: (1) permanent replacement employee status or other employment preferences to individuals for performing bargaining unit work for the employer during a labor dispute; or (2) any employment preference based on an individual's being employed, or having indicated a willingness to be employed, during a labor dispute, over any employee who was there at dispute commencement, has exercised rights through the labor organization involved in the dispute, and is working for the employer, or has unconditionally offered to return to such work.