FA R M L A B O R I N F O R M AT I O N B U L L E T I N
Voice of the Fields California
October 2017
FREE
Volume 27, Number 9
What is Labor Trafficking?
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HE LATINO POPULATION is at a particularly high risk for labor trafficking. This type of human trafficking can happen in a number of different jobs including farmworkers, landscaper, housekeepers, janitors, construction workers, food service, and factory work. This trafficking occurs to foreign and American born individuals. In California 148 cases were received in 2016 by the National Human Trafficking Resource Center (NHTRC) hotline. The Opening Doors Inc. website, states that in the United States, California, New York, Texas and Nevada are the top destination states for trafficking victims. In order to prevent and identify cases of labor trafficking it is important to know the definition and stories of other individuals who have been affected. Trafficking is defined as a form of modern-day slavery in which individuals are forced to perform labor or services using force, fraud, or coercion. Labor trafficking includes situations of debt bondage, forced labor, and involuntary child labor. Labor traffickers use violence, threats, lies, and other forms of coercion to force people to work and stay against their will in many industries. The first form of labor trafficking is known as debt bondage or repayment of a debt obtained by the victim (including transportation to the place of labor, living arrangements, etc.) when accepting an offer for labor from the trafficker/employer. The second is forced labor through the use of violence, intimidation factors, and threats
of being reported to immigration officers. Lastly is involuntary child labor which violates minimum age laws and forces children into human trafficking. The U.S. State Department estimates that there are as many as 800,000 human trafficking victims worldwide every year, and between 10,000-20,000 victims from Asia, Central and South America are estimated to end up in the U.S. The actual number could be considerably higher as these cases represent only the reported incidents. Trafficking is not limited to foreign nationals either, many U.S. Citizens also find themselves trapped in situations of forced labor. One such case of a U.S. Citizen being trafficked is of Shamere McKenzie, a college student in New York. She was a target of this type of trafficking because she struggled to pay her college tuition. Her sex trafficker lured her into a relationship by being charismatic and
promising to give her employment that would provide money quickly. He said it would involve private dances for clients, instead she was forced into two years of prostitution. The New York City area is one of the most affected areas of labor trafficking in the United States. However, that’s not the only place trafficking is widespread. This is also the case in California; Los Angeles, San Francisco, and San Diego—all cities that have a large percentage of sex trafficking cases. Another case of modern labor trafficking is that of Flor Molina, who became a slave in the garment industry in Los Angeles. Flor was considered an easy target, she was vulnerable because she had just lost her sick child and struggled to pay the medical bills. She had planned to start her own business by sewing garments, in order to support her family after the loss of her child. She started taking classes to learn how to sew and help her with her business plans. The teacher of her class had been approached by a sex trafficker to help provide him with students that would be eager to come to the United States. Since there were no job opportunities in her town in Mexico, Flor took the opportunity to immigrate to the U.S. In the U.S. she worked in a factory that forced
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her to live in a storage room after working for 18 hours, and was not allowed to leave the factory. She lived like this for 40 days before finally being allowed to go to church, which she used as an opportunity to escape. The Latino population is at a particularly high risk, however, we should all be helping to identify other cases
or situations because traffickers do not discriminate based on ethnicity or citizenship status. The definition of human trafficking, the cases provided, and the list of indicators can help you identify if you or someone you know is involved in a similar situation. If you suspect that you are involved in a labor trafficking situation you should report it to the hotline by taking certain steps. These steps include being in a safe place and not at risk of any
Human Trafficking Indicators
You can identify if you or someone you know are a part of labor trafficking by using the list of indicators below. If these are present in any working environment it is likely that human trafficking is happening. The presence of these signs in any situation should be reported to the National Human Trafficking Hotline at 1-888373-7888 or call 911 for help.
Common Work and Living Conditions:
• Is not free to leave or come and go as he/she wishes • Is in the commercial sex industry and has a pimp / manager • Is unpaid, paid very little, or paid only through tips • Works excessively long and/or unusual hours • Is not allowed breaks or suffers under unusual restrictions at work • Owes a large debt and is unable to pay it off • Was recruited through false promises concerning the nature and conditions of
his/her work • High security measures exist in the work and/or living locations (e.g. opaque windows, boarded up windows, bars on windows, barbed wire, security cameras, etc.) • Has numerous inconsistencies in his/her story
Poor Mental Health or Abnormal Behavior:
• Is fearful, anxious, depressed, submissive, tense, or nervous/paranoid • Exhibits unusually fearful or anxious behavior after bringing up law enforcement • Avoids eye contact Poor Physical Health:
• Lacks medical care and/or is denied medical services by employer • Appears malnourished or shows signs of repeated exposure to harmful chemicals
• Shows signs of physical and/or sexual abuse, physical restraint, confinement, or torture
harm. However, if in any immediate danger please call 911. The Human Trafficking Resource Center suggests that you take these important steps when you are in a labor or human trafficking environment. It is important at all times to keep all documents and identification on you, keep important numbers on you, and have some form of communication. Continue to have control of your bank accounts, any medication you need, and access to a phone, these are some of the first controls that can be taken away from you by a human trafficker. These controls are used to coerce individuals to work more hours, have little to no compensation, and lure individuals into trafficking situations. The National Human Trafficking Hotline supports victims and survivors, friends and family, law enforcement, service providers, government, professionals, practitioners and advocates in the human trafficking and related fields, community groups, and more through the following services: n Crisis assistance to victims of human trafficking n Report a human trafficking tip n Connect with anti-trafficking services in your area n Access general information and resources n Get involved in your community If anyone you know is likely in a situation of human trafficking it is best to report the situation and get help to the victims. This can be reported to the National Human Trafficking Hotline by calling 1-888-373-7888
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The Effects of Wage Theft
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VERY CALIFORNIAN is at risk for wage theft. This type of theft is the illegal practice of not paying workers with wages or benefits that are rightfully owed to an employee. These benefits include failure to pay overtime, minimum wage violations, illegal deduction of pay, denial of benefits, or not being paid at all. However, Californians are protected from such unlawful practices. In California, all workers are protected by labor laws. These labor laws are in place to ensure employees are not taken advantage of. The Wage Theft Protection Act of 2011 requires that all employers provide each employee with a written notice containing specified information at the time of hire. The notice must be in the language the employer normally uses to communicate employment-related information to the employee.
“California is at the forefront of the fight against wage theft, giving the Labor Commissioner tools to punish recalcitrant employers who steal their workers’ wages and refuse to pay even after the workers file a claim and win,” said Labor Commissioner Julie A. Su. “We are using those tools to put more unpaid wages into workers’ pockets.” The Labor Commissioner’s Office inspects workplaces for wage and hour violations, adjustable wage
What can you do to fight wage theft? Learn and know your rights
• For information on making a wage and hour claim, employer/employee
rights and general labor law questions, contact a Deputy Labor Commissioner at one of the Division of Labor Standards Enforcement local offices. You can also refer to the Department of Industrial Relations Contact page or call 1-844-LABOR-DIR (1-844-522-6734) if you have a work-related issue and can’t find the appropriate contact, to get help directing your call. If you are a Migrant Seasonal farmworker working under the H-2A program, make sure to contact your nearest AJCC and/or call 1-866-4-USWAGE
Take action:
• File a wage claim. The Labor Commissioner’s Office can order your employer to
pay you the wages and penalties that you are owed. • Report widespread cases of wage theft to investigators. You can report labor law violations if you have observed any wage theft at a workplace, even if you do not work there. • If wage theft is happening on a public works project, a publically funded construction project, file a public works complaint. • If you experience retaliation, such as termination, demotion or other punishment for exercising your labor rights, file a retaliation complaint.
claims, and investigates retaliation complaints. Wage theft is a crime; the Labor Commissioner’s office can partner with other law enforcement agencies to criminally prosecute employers that engage in wage theft. The mission of the California Labor Commissioner’s Office is to ensure a just day’s pay in every workplace in the State and to promote economic justice through the enforcement of labor laws. They help to combat wage theft, protect workers from retaliation, and educate the public on this issue. They restore earned wages to workers who have lost pay and benefits from a wage theft situation.
Who does wage theft effect?
Wage theft does not discriminate and can affect everyone. The most common industries that wage theft affects are labor intensive and pay by the hour. Industries like; agriculture, construction, restaurants, and janitorial industries. This type of theft affects women and workers of color, they face higher rates of wage theft than other groups. The U.S. agricultural system has historically relied on the labor of the poor, many of whom have lacked full legal protections, including indentured laborers, sharecroppers, and undocumented migrants. Even U.S. citizen farmworkers can be taken advantage of due to poverty, limited legal protections, and a lack of knowledge about their legal rights. Unauthorized and undocumented Continued on page 6
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Deferred Action for Childhood Arrival (DACA)
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N TUESDAY SEPTEMBER 5, 2017 President Trump announced that he would be rescinding Deferred Action for Childhood Arrivals Program, referred to as the DACA Program. Congress has six months to pass a replacement before the Trump administration starts to phase the program out indefinitely. When this program started during the Obama Administration in June 2012, it allowed young undocumented immigrants protection from deportation and the right to work in the United States of America. The DACA program was an American immigrant program that allowed some individuals who entered the country as minors, and had either entered or remained in the country illegally, to receive a renewable two-year period of deferred action from deportation and to be eligible for a work permit. In California more than 200,000 of the 800,000 DACA recepients in the United States are affected by President Trump’s decision to rescind the DACA program. Individuals who are already receiving DACA are eligible for deportation as early as March of 2018. If your DACA expires between September 5, 2017-March 5, 2018 you have to file a DACA renewal application. This application for renewal must be submitted before October 5, 2017. If your current DACA expires after March 5, 2018 all DACA benefits and work authorizations will be provided until they expire. If you have already submitted a properly filed and pending initial DACA request and associated applications for employment authorization documents (EADs) that was accepted before September 5, 2017 U.S. Citizenship and Immigration
Services will process applications on an individual case by case basis. If you do not receive DACA or have not submitted an application by September 5, 2017 you may no longer apply. Do not panic if this last scenario fits you or your family. Ready California and the Immigrant Legal Resource Center suggest that you prepare by getting a legal screening to find out your immigration options, learn and practice your rights if confronted by ICE, and develop a family preparedness plan. In California many statewide elected officials are hard at work to challenge President Trump’s decision to rescind DACA. California Attorney General Xavier Becerra is suing the Trump Administration on behalf of the more than 200,000 Dreamers who reside in the state. The legal claim is the Trump Administration did not follow proper administrative procedures in rescinding the DACA program and made enforcement promises to a group of people only to revoke them, violating due process. Many Senators, Assembly members, and other California statewide elected officials have stood up against the unjust decision to rescind DACA. National Democratic Congressional leaders and Senators are working with Trump to negotiate restoring benefits to DACA recipients and Dreamers. For more information you can visit
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Ready California at ready-california. org/resource/daca-renewal-resources/ or visit Immigrant Legal Resource Center at www.ilrc.org/. For real time information on DACA and legal resources you can call 844-411-DACA the toll-free bilingual hotline.
RESOURCES:
Fee assistance is available throughout the state of California. However, please note that these funds are limited and will be given out until they are no longer available. Reach out to each individual source to see if they are able to provide assistance to you. If you have any other questions please call the toll-free bilingual hotline at 844-411-DACA. This hotline will be able to provide you with more resources, answer any DACA related questions, and provide legal help. All of these resources can be found on the Ready California website ready-california.org/resource/ daca-renewal-resources/. NATIONAL n Mission Asset Fund is providing scholarships for DACA renewals to anyone eligible to renew. Call them for more information at (415)315-9462 or email them at Program@missionassetfund.org. Visit their website for more information and to apply at www. LC4DACA.org. n The Mexican Consulate is offering fee assistance to each of its nationals in all 50 states. You do not have to make an appointment, just go to the Consulate and ask for the department of consular protection. Please call your nearest conContinued on page 6
Voice of the Fields
RE AL CE AN DACA RDEANCEAW ANLEW PR OPCREOS SSS AN DD TTIIPPSS Get the correct forms at www.uscis.gov
● Print clearly and legibly in black ink ● Answer every question on the forms, even if it means writing in "none," "N/A" or "not applicable"
ly and legibly in black ink
● Ensure information is consistent across all immigration forms
ery question on the forms, ● Sign and date all the forms ans writing in "none," otherwise USCIS may reject your renewal! applicable"
Gather all the correct forms
or delivery service
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Gather other documents and fees
● Since getting DACA, you left the United
nough in advance States without first getting "advance rive beforeparole" Oct 5 to travel.
● Form I-765WS Two color, passport ● ●photos Form G-1145 (optional) with name and A number written lightly on back
● Photocopy of filing BOTHfeeSIDES ● $495 (checkof or order payable your DACAmoney work permit or toother "U.S. Department of proof of DACA approval Homeland Security" or
This product was funded by the U.S. Department of Labor’s Employment and Training Administration.
look for fee assistance at goo.gl/2unzGL)
Gather other Follow up documents with USCIS and feesas needed
SCIS gov/i-821d-addresses ct mailing address toWarning use - If any of these apply u live and how you're to you, make sure to speak with DACA renewal packet an attorney right away: ● You have ever been arrested. Mail your h a trackable mailing ● You have been ordered deported or application removed before or the government is ervice correctly currently trying to deport you.
Published monthly by: La Cooperativa Campesina de California 1107 9th Street, Suite 420, Sacramento, CA 95814 Phone 916.388.2220 Fax 916.388.2425
● Two color, passport photos name and A ● Go towith your biometrics appointment number written lightly on back ● Respond to any government request for more information about DACA renewal ● your $495 filing fee (check
order to ●money Check your casepayable status online
"U.S. Department of Homeland Security" or Looking for afee DACA look for assistance at renewal checklist? goo.gl/2unzGL) You can find one at
www.ilrc.org/daca34
● Go to your biometrics appointment
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Source: Immigrant Legal Resource Center
● Keep a copy of everything in your site DACA at renewal packet for yourself!
www.LaCooperativa.org
Form I-821D ●● Photocopy of BOTH SIDES of your DACA work permit or other ● Form I-765 proof of DACA approval
correctly
● Send far enough in advance that it will arrive before Oct 5
California Circulation: 45,000 copies
● Form I-765WS ● Form G-1145 (optional)
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Get the correct forms at ● Form I-821D www.uscis.gov ● Form I-765
The opinions expressed in this product are exclusive of the authors and does not necessarily reflect the official position of the U.S. Department of Labor. This product is copyrighted by the institution that created it. Internal use by an organization and/or personal use by an individual for non-commercial purposes is permissible. All other uses require the prior authorization of the copyright owner. Content produced by ALZA Strategies, a fullservice strategy firm that offers quality media relations, crisis communications, public affairs services, and expertise into the growing Latino market.
Follow up y of everything in your with USCIS al packet for yourself! Respond to any Agricultural Jobs available to U.S.●government workers under H-2A contract as needed request for You may apply for these jobs by phone or in person at your nearest Employment Development Department (EDD) field office more information about CalJOBS Job Title Pay Rate Contract Positions City of Job Employer’s County America’s Job Centers your DACA renewal
Number Warning - If any of these apply 15511792 Farmworkers $12.57/hr or to you, make sure to speak withrates various piece an attorney away: $12.57/hr. 15530682 right Farmworkers ave ever been arrested. 15530884 Farmworkers $12.57/hr. ave been ordered deported or d before or theWinter government is 15481039 Range $1,777.98/Mo Calver y trying to deport you. Sheepherder getting15510417 DACA, you left the$1,777.98/Mo United without15580207 first getting "advance Field Worker $12.57/hr. to travel.
Dates of California (AJCC) 10/16/17Huron online Fresno Hanford AJCC ●100 Check your case status 11/11/17 (559) 585-3523 10/20/1755 Various sites Riverside, Indio Workforce Dev. Center 3/17/18 San Diego, Imperial (760) 863-2500 10/20/17120 McFarland, McKittrick, Tulare, Bakersfield, Fresno, Delano AJCC 3/17/18 Visalia, Selma, Porterville, Dinuba, Tulare, Kern (661) 721-5823 Looking for a DACA Kingsburg, Exeter, Ducor, Delano renewal checklist? 11/1/174 Solano, Yolo Co. Health & Human Services You can find one at Various sites in 3 counties 2/28/18 Yolo, Colusa (530) 661-2641 www.ilrc.org/daca34
11/10/172 Various Placer Sutter County One Stop (530) 10/31/18 822-5120 11/17/1775 Calpatria, El Centro, Heber, Brawley, Imperial El Centro 4/14/18 Hotville, Calexico, Imperial (760) 863-2600 The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. The H-2A employers must demonstrate that qualified U.S. workers are not available for the job and the employment of temporary foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed. Preference in hiring will be given to qualified U.S. workers before employers are allowed to bring in foreign workers under the program.
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Labor Trafficking
Wage Theft
DACA
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or dialing 911 if in immediate danger. The situation can take on many forms and some forms are harder to identify than others. For more information and examples of scenarios, you can visit the National Human Trafficking website at humantraffickinghotline.org. The Deaprtment of Labor (DOL) plays a role in the U.S. Government’s efforts to combat human trafficking. If you know of somebody that may had been a victim make sure they contact their closest Americas Job Center of California (AJCC) for assistance in getting into an on-the-job training program, education to transition to a new job, and many other workforce services. Other DOL resources include: n Identifying and seeking restitution for unpaid labor performed by victims of trafficking; n Providing training and employment services (visit your nearest AJCC) to victims of trafficking who qualify for those services, and helping them to become self-sufficient; n Funding research and technical assistance to combat the worst forms of child labor overseas; and n Maintaining lists of goods, including their countries of origin, which are made using forced labor or forced child labor.
foreign-born workers have comprised roughly 50 percent of all farmworkers in the United States since 2001. Immigration laws and policies often make foreign-national workers even more vulnerable to human trafficking and wage theft in the U.S. While U.S. law does provide all workers with basic labor rights, many of these do not extend to migrant or seasonal workers. These workers are typically bound to the employer, thus making it more likely for these workers—with or without documents of citizenship- to be taken advantage of. Agricultural workers are prone to be victims of trafficking, exploitation, and abuse. Employers often pay farmworkers in cash and by the amount of produce they pick. This tends to decrease the amount that workers earn due to the difficulty of picking. Wage theft has huge consequences for workers across many different industries, who are just looking to receive a fair day’s pay for a fair day’s work. Take action and fight for your rights as a Californian and worker.
sulate to verify their schedule before you go, some consulate services are not available after 3 pm to allow staff for administrative activities.
Sources: www.labor.ucla.edu/wage-theft/ wagetheftisacrime.com labor.ca.gov/laborlawreg.htm www.dir.ca.gov/dlse/Governor_signs_Wage_Theft_ Protection_Act_of_2011.html www.wagehour.dol.gov
Sources: Human Trafficking Resource Center: humantraffickinghotline.org Opening Doors Inc.: www.openingdoorsinc.org/index.php End Slavery Now: www.endslaverynow.org Freedom Network: freedomnetworkusa.org Employment Development Department: www.edd.ca.gov/ AJCC Locator: www.americasjobcenter.ca.gov/ job_center_locator.aspx
LOS ANGELES COUNTY n The Mexican Consulate will pay renewal fees for Mexican nationals referred by an accredited community legal service organization. Call 213-386-2731 for more information or go to 2401 E 6th St. Los Angeles, CA 90057 between 9am to 1pm Monday to Friday. SAN FRANCISCO COUNTY n The San Francisco Office of Citizenship and Immigrant Affairs is offering renewal grants to anyone with a demonstrated connection to San Francisco (live, work, or attend school). For more information email christian@lsc-sf.org. NATIONAL HOTLINE For real-time information on DACA and legal resources in your community, call 844-411-DACA 1(844) 411-3222. This hotline sponsored by National Association of Latino Elected Officials is currently available in Spanish and English from 8am-5pm PT Monday to Friday. LEGAL ASSISTANCE To find DACA renewal clinics and workshops in California or to find a free or low-cost immigration legal services provider visit the Ready California website ready-california.org. Sources: fortune.com/2017/09/15/nancy-pelosi-manterrupterwhite-house/ www.uscis.gov/daca2017 www.ilrc.org/daca23 National Association of Latino Elected and Appointed Officials (NALEO): www.naleo.org/
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