If I don't like the work, then it becomes a civil matter, just like anyone else that is in business for themselves.
They are hired as contract labor, not an employee on the books, because we all know it is illegal to employ an illegal alien.
Since these day laborers are under the law, contractors, they like any other contractor that doesn't get paid, must perfect a lien, and file a law suit. Being in business for yourself is tough. Why should they be singled out in contractor disputes. What makes them so special than any other business.
On another note, it may take care of the subcontracting game for legal Americans, some what.
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