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
August 2018
FREE
How the REAL ID Act Impacts Californians
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he REAL ID Act passed by Congress in 2005, enacts the 9/11 Commission’s recommendation that the Federal Government “set standards for the issuance of sources of identification, such as driver’s licenses.” The Act established minimum-security standards for state-issued driver’s licenses and identification cards and prohibits Federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards. States have made considerable progress in meeting this key recommendation of the 9/11 Commission and every state has a more secure driver’s license today than before the passage of the Act. Beginning October 1, 2020, the federal government will require your driver license or identification (ID) card to be REAL ID compliant if you wish to use it as identification to board a domestic flight or enter military bases and most federal facilities. You do not need a federal compliant REAL ID driver license or ID card to do any of the following: n Drive n Apply for or receive federal benefits (Veterans Affairs, Social Security Administration, etc.) n Enter a federal facility that does not require ID (i.e. a post office)
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Visit a hospital or receive life-saving services Participate in law enforcement proceedings or investigations The California DMV began offering a federal compliant REAL ID driver license or ID card as an option to customers on January 22, 2018. If you have a valid U.S. passport, passport card, military ID, or another form of Transportation Safety Administration (TSA) approved identification, these documents will still be accepted to board a domestic flight. Federally compliant identification will also be required to access military bases and most federal facilities. There is no need to rush into a DMV field office. A valid California driver license or ID card can be used to board a domestic flight or enter secure federal facilities until October 1, 2020. The REAL ID Act establishes minimum security standards for license issuance and production and prohibits Federal agencies from accepting for certain purposes driver’s n
Volume 28, Number 8 licenses and identification cards from states not meeting the Act’s minimum standards. The purposes covered by the Act are: accessing Federal facilities, entering nuclear power plants, and, boarding a federally regulated commercial aircraft. The fees for a REAL ID card are the same as those currently charged for a driver license or ID card. A DMV field office visit is required to apply for a REAL ID driver license or ID card. Here is what else you need to do to apply: n Make an appointment with DMV by visiting the website at www.dmv.ca.gov or by calling 1-800-777-0133. n Provide proof of identity, such as a certified U.S. birth certificate, valid U.S. passport, employment authorization document, permanent resident card or foreign passport with an approved form I-94. n Show a California residency document that includes your physical California resident address. Documents addressed to a PO Box must include the physical resident address on documents (for example utility bills). n Present proof of your Social Security number, such as a SSN card, W-2 or paystub with your full SSN. Note: You can request a replacement Social Security card online at www.ssa.gov. Name change documents, such as a marriage certificate or divorce decree, may be required if your identity document name (birth certificate) is different than the name on your application. Name change document information can be found at www.dmv.ca.gov. Sources: www.dhs.gov/real-id www.dmv.ca.gov/portal/dmv/detail/realid/realidfaq
Your Rights as an Employee in California
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n California, workers are protected by labor laws. It does not matter where you were born or what your legal status is. Once you are hired, you have rights. Employers are required by law to provide rest and meal breaks, safety and healthy jobs, minimum wage and overtime pay, and benefits if injured or unemployed on the job.
Wages and Breaks
Employers are required to pay workers what they are owed and provide rest and meal breaks. Not doing so is called wage theft. n Pay at least the minimum wage, which is: • $11.00 per hour for businesses with 26 or more employees, in 2018. • $10.50 per hour for businesses with 25 or fewer employees, in 2018. Higher in some cities and counties. • If you are paid by the piece or unit (sometimes called “by contract”) or paid by the day or week, your wages still must equal at least minimum wage. Tips are separate and cannot be counted as part of the minimum wage. A few types of employees do not have to be paid minimum wage, including outside salespersons, close family members and camp counselors. n Pay overtime equal to 1½ times the regular rate of pay • For most occupations, all hours over 8 in one day or over 40 in one week, and for the first eight hours of work on the seventh day of work in a workweek. • For personal attendants, all hours over 9 in one day or over 45 in one week. • For farm workers, all hours over 10 in one day or over 60 in one week, and for the first eight hours of work on the seventh day of work in a workweek. n Pay Double-time • For most occupations, all hours over 12 in one day or over eight on the seventh day of work in a workweek. • For farm workers, all hours over eight on the seventh day of work in a workweek.
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Breaks • Provide a paid 10-minute rest break for every 4 hours of work. • Provide a meal break of at least 30 minutes after no more than 5 hours of work.
Safety and Health
Your employer is required to keep you safe at work. To help prevent injuries on the job, employers must: n Make sure the workplace is safe by identifying health and safety hazards and correcting them. n Have a written health and safety plan. n Tell you about workplace hazards and train you how to work safely. n Have Workers’ Compensation Insurance and pay for medical care for work- related injuries and illnesses. n Keep track of all workplace injuries and illnesses. Employers must keep a log of injuries and illnesses during working hours. n Post a Cal/OSHA poster, Safety and Health Protection on the Job. n Call Cal/OSHA right away at when an employee is killed or seriously injured on the job.
Benefits If You Are Injured or Unemployed Worker’s Compensation Worker’s Compensation is a system of insurance that reimburses an employer for damages occurring during the time of employment. Your employer must pay for medical care for injuries and illnesses related to work. It doesn’t matter who was at fault for the injury. In most cases, you can get benefits even if you are a temporary or part-time worker. You have a right to workers’ compensation regardless of your immigration status.
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What to do if you have questions or think there may be a problem? Keep track of your work hours and pay. Every day, write down the date, when you start and end work, when you take breaks, the total hours worked, and what you are supposed to be paid (by hour or by piece or contract rate). Compare this with the information shown on your pay stubs. Tell your employer. You have a right to tell your employer, or complain if necessary, if you think you are not getting what you are entitled to under the law. It is illegal for any person to discharge, discriminate, retaliate, or take any other adverse action against an employee for making such a complaint. Know who your employer is. Write down the names of the people who hire you, pay you, or supervise you. Find out the name and address of the company by looking at pay stubs and other information that may be available at the job site. Don’t wait too long. Don’t wait to speak up and don’t delay in filing a claim because there are time limits, and it is easier to prove you are owed wages or keep track of your work hours. Unemployment Insurance (UI) Unemployment Insurance is paid for by your employer and provides partial income replacement when you are unemployed and meet all eligibility requirements. Who Should File a UI Claim? To be eligible for UI benefits, you must be out of work, or partially unemployed, due to no fault of your own, be physically able to work, available, and ready to accept work, and actively looking for work. When to File? You may apply for benefits as soon as you are unemployed or your work hours are reduced. Your claim will begin on the Sunday of the week in which you file your claim. To file a claim and for more information visit the EDD website at eapply4ui.edd.ca.gov/, or call 1-800-300-5616.
Disability insurance Disability is an illness or injury, either physical or mental, which prevents customary work. Disability includes elective surgery, pregnancy, childbirth, or related medical conditions. Disability Insurance (DI) is a component of the State Disability Insurance (SDI) program, designed to partially replace wages lost due to a non-work related disability. You are entitled to: • Know the reason and basis for any decision that affects your benefits. • Appeal any decision about your eligibility for benefits. • Request an appeal hearing before an Administrative Law Judge (ALJ). You may further appeal the ALJ’s decision to the California UI Appeals Board and the courts. • Privacy—all claim information will be kept confidential except for the purposes allowed by law. To learn more about EDD services and programs, visit the EDD website at www.edd. ca.gov or call 1-800-480-3287. California Paid Family Leave California ’s paid family leave program was created for those moments when family needs you the most, when you are bonding with a new child or caring for a seriously ill family member. • Provides up to six weeks of partial wage replacement benefits to bond with a new child (either by birth, adoption, or foster care placement) or to care for a seriously illfamily member (child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner). • Doesn’t have to be taken all at once. • Provides approximately 60 to 70 percent of your salary during your leave. • Funded through your State Disability Insurance tax withholding, so you are most likely eligible if you’ve paid into State Disability Insurance (noted as “CASDI” on paystubs) or a qualifying voluntary plan in the past 5 to 18 months. • Bonding claims can be used at any time in the first 12 months after a child enters your family. To learn more about EDD services and programs, visit the EDD website at www.edd. ca.gov or call EDD at 1-877-238-4373.
Take Action
Do not be afraid to take action. By law you have the right to do so. You may be worried about how your employer will respond. But the law is on your side, and there are steps you can take to protect yourself. It is illegal for your employer to fire you or punish you for taking these actions. The law is on your side. The law says you are protected when you: • Speak up about wages that are owed to you • Report an injury or a health and safety hazard • File a claim or complaint with a state agency • Join together with other workers to ask for changes. The law says it is illegal for employers to threaten or retaliate against you for taking these actions. For example, employers cannot retaliate by: • Firing you or sending you home • Changing your assignment to give you less desirable tasks or shifts Threatening you with deportation • • Preventing you from getting another job. You can take steps to protect yourself: • Talk to your co-workers. Work together to plan what to do. You may have more power and more legal protections acting together as a group. • Get help. A worker organization or legal aid group may help you understand your rights, suggest ways to address the problems, and help you decide whether to speak to your employer and what to say. • Take notes. If you speak to your employer, write down when you met, who was there, and what was said. • Report a problem and file a claim. You may decide it’s not safe to talk to your employer. You can report a problem directly to EDD by calling 1-800-300-5616 or for more information visit the EDD website at eapply4ui.edd.ca.gov/. Sources: www.edd.ca.gov www.dir.ca.gov/letf/What_are_your_rights _as_a_worker.pdf
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A u g ust
DATES TO REMEMBER CVOC Mobile Unit Schedule
1 Atwater Migrant Center 9200 Westside Blvd 10:00 AM-2:00 PM 3 HEAP Patterson 798 F St. 10:00 AM–2:30 PM 6 Madera Migrant Center 11777 Woodward Dr 2:00 PM-6:00 PM 10 HEAP Riverbank 2400 Stanislaus St 10:00 AM–2:30 PM 15 Patterson Migrant Center 456 Eureka Ave. 9:00 AM-12:00 PM 17 HEAP Newman Pioneer Park Fresno & R St. 10:00 AM–2:30 PM 23 Madera Casa De La Vina Housing 23784 Ave 9 10:00 AM-2:00 PM 24 HEAP Oakdale 470 E. A. St. 10:00 AM–2:30 PM 27 Planada Migrant Center 925 N. Plainsburg Rd 10:00 AM-2:00 PM 29 Westley Migrant Center 696 Livingston Cir. 9:00 AM-12:00 PM
CET Events CET-Colton 1099 N. Pepper Ave. 1 SB County Drug & Alcohol Presentation to Evening Students, Resources 4:30-5:30pm 14 Welding Art Contest for Students ( Judged by California Steel Industries) Winner featured in CA Focus Magazine 10:00-11:00am 16 CET/GRID Alternatives Solar Career Fair 3:00-6:00pm 18 Taco’s ‘N Tours! A Monthly Saturday Community Recruitment Event 10:00AM-1:00pm 21 ASCCA Chapter 14 Members Automotive “Build the Future” Guest Speaker Panel for AS Class 1:00-2:00pm 22 Weld-like-a-girl workshop 11:00am-3:00pm 30 Instructor Educational Panel Discussion 1:00pm-2:30pm CET-El Centro 294 South 3rd Street 20 Weld-like-a-girl workshop 9:00am – 1:00p
August 22 Radio Bilingüe 10:00AM
Voice of the Fields
California Circulation: 45,000 copies
www.LaCooperativa.org Published monthly by: La Cooperativa Campesina de California 1107 9th Street, Suite 420, Sacramento, CA 95814 Phone 916.388.2220 • Fax 916.388.2425 This product was funded by the U.S. Department of Labor’s Employment and Training Administration. 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 noncommercial purposes is permissible. All other uses require the prior authorization of the copyright owner. Content produced by ALZA Strategies, a full-service strategy firm that offers quality media relations, crisis communications, public affairs services, and expertise into the growing Latino market.
EDD Job Fairs and Workshops Really Work!
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EDDResources Resources EDD
he Employment Development Department and America’s Job Center of CaliforniaSM (AJCC) partners offer workshops for career guidance and job search skills throughout California. Job fairs provide job seekers and employers a unique opportunity to interact with each other. Right on the spot, employers can screen and schedule qualified applicants for interviews, collect résumés, hand out applications, answer questions about the job and the company, and much more. For example, on April 24, 2018, the America’s Job Center of CaliforniaSM (AJCC), Blythe chapter, hosted their third annual Blythe Job Fair:
www.edd.ca.gov
Workforce Services General Questions/ AJCC Locator ................(916) 654-7799
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Fifty-one employers participated and met with more than 500 job seekers. Numerous attendees shared their excitement over being hired on-the-spot. n Attending employers listed job orders in CalJOBSSM providing easy access to their business’ information and job postings. n Twenty-eight job seekers left with dates to begin employment ranging from farm work to youth service. n Job seekers were pleased for the opportunity to ask questions and receive answers from so many employers on one spot. n
AJCC job fairs and workshops are offered to all at no charge. To find out more about the upcoming AJCC job fairs and workshops near you, visit the EDD website at www.edd.ca.gov and select the Job Fairs and Workshops link on the main page. You can also contact your nearest AJCC, or locate it by calling 1 -916-654-7799. From your mobile device, visit the official EDD Twitter @CA_EDD to find out about ongoing job opportunities and more.
CalJOBSSM ........................ 1-800-758-0398 Monitor Advocate, Toll Free hotline to report Employment or Service related complaints .....................1-866-289-8356 EDD Unemployment Insurance English: ...........................1-800-300-5616 Spanish: ..........................1-800-326-8937 Disability Insurance English............................. 1-800-480-3287 Spanish............................1-866-658-8846 Paid Family Leave English............................. 1-877-238-4373 Spanish........................... 1-877-379-3819
Agricultural Jobs available to U.S. workers under H-2A contract
You may apply for these jobs by phone or in person at your nearest Employment Development Department (EDD) field office Job Number
Job Title
Crop/ Livestock
Pay Rate
Start Date
End Date
Positions
County
America’s Job Centers of California (AJCC)
16003837
Farmworker Laborer
Tomato Harvest
$13.18/hr.
8/1/18
12/2/18
96
San Diego
Oceanside AJCC (760) 631-6150
16036443
Farmworker Laborer
Berry and Vegetable Harvest and Packing
$13.18/hr.
8/7/18
11/30/18
23
Santa Barbara, San Luis Obispo
Santa Maria AJCC (805) 614-1550
16090733
Farmworker Laborer
Harvesting Wine Grapes
$13.18/hr.
8/27/18
10/31/18
14
Mendocino
Ukiah AJCC (707) 467-5900
Various
Herders
Sheep
$1866.88 /monthly
Continuous
Continuous
Various
California and Western States
Call your local AJCC or dial 1-916-654-7799 to find your nearest office
Various
Beekeepers
Bees
$13.18/hr.
Continuous
Continuous
Various
California and Western States
Call your local AJCC or dial 1-916-654-7799 to find your nearest office
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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