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
December 2019
FREE
Volume 29, Number 12
2020 Laws Affecting Migrant and Seasonal Farm Workers
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FileWageClaim.htm to file a confidential complaint and/or recover unpaid wages.
into law on September 12, 2016 and mandates incremental changes to work hours and overtime pay each year. Beginning on January 1, 2020, agricultural employees receive standard pay at nine hours per workday or fifty hours per week. Anything in excess of nine hours per day or fifty hours per week constitutes overtime pay in which the employee receives one and one-half times their regular rate. This bill means that workers are paid more for working longer hours. For more information on AB 1066, visit www.lacooperativa.org/ab1066-farmworker-overtime/.
passed a statewide measure to ensure that all employees receive sexual harassment prevention training. No employee should experience unwanted sexual advances, whether verbal or physical, in the workplace. This law ensures that all workers understand appropriate interactions in the job environment, and also provides safe and supportive options for victims to file a complaint if these measures are violated. Beginning on January 1, 2020, migrant and seasonal agricultural workers are required to receive training within the first 30 days or 100 work hours of their new job, or provide documentation of previous training. Employees are also required to redo the training every two years, whether they have had the training previously or not. For more information, visit leginfo.legislature.ca.gov/ faces/billTextClient.xhtml?bill_ id=201720180SB1343.
n California, migrant and seasonal farm workers (MSFWs) will experience changes to certain laws, heading into the 2020 year. These changes primarily affect income and job training, among other potential changes to housing, immigration status, and transportation. Check the list of laws below to make sure you are being paid adequately, receiving proper overtime pay, and given proper job training in the workplace. minimum wage increases in order AB 1066 This bill was signed
CA Wage Order 14 The CA
Wage Order 14 was updated by the Department of Industrial Relations in 2016 and sets minimum wage requirements for seasonal and migrant workers in California. Each year, the
to remain consistent with economic changes, inflation, and rising costs of living. Effective January 1, 2020, employers with 26 or more employees are required to pay their workers a minimum of $13 per hour for all hours worked. On the same date, employers with 25 or less employees are required to pay their workers a minimum of $12 per hour for all hours worked. For more information on CA Wage Order 14, visit www.dir.ca.gov/ IWC/WageOrderIndustries.htm. If you think that your employer isn’t complying with CA Wage Order 14, or if you think you have unpaid wages to recover from your employer, file a confidential complaint with the Department of Industrial Relations. California labor laws protect all workers, regardless of immigration status. Visit www.dir.ca.gov/dlse/HowTo-
SB 1343 In 2018, California
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General Tax Information
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s the 2020 year approaches, it’s never too early to begin organizing information and preparing to pay your taxes. The Federal and California tax deadline is Wednesday, April 16, 2019. It’s important that you file your taxes by the deadline. If you owe money to the Internal Revenue Service (IRS), the federal agency that collects taxes in the U.S., and if you file your taxes late, you can be penalized 5-25% for every month your return is late. Before filing, your employer will give you a W-2 form on or before January 31st. Your W-2 tells you how much money you earned and how much taxes you paid in 2019. Make sure that you receive a W-2 form from each employer that you worked for in 2019. If you do not receive you W-2 form(s) you should contact your employer or former employer to see if and when they mailed your W-2. If your former employer has gone out of business, it is recommended you contact the nearest bankruptcy court. You may also use your paycheck stubs to obtain a W-2. In order to obtain your W-2 with your paystubs, visit www. ftb.ca.gov and complete a Substitute Withholding Statement (FTB 3525 Form), which you will attach to your California return when you file. Use the information provided on the W-2 when filing your taxes. In addition, if you received government assistance, such as unemployment or disability insurance in 2019, you will need to include the amount that you were given on your tax forms. If this situation applies to you, you will receive financial information in the mail from the State of California. Each person’s tax situation is different, so in order to make sure you have included all of the appropriate financial information
or documents, it is best to seek outside advice from trusted organizations, such as the IRS or IRS-recommended programs. There are various resources that offer free assistance in both Spanish and English, but it is important that you verify the legitimacy of the organization before providing them with any personal information.
The IRS Volunteer Income Tax Assistance (VITA)
The VITA Program provides free tax help to people who generally make $54,000 or less, have disabilities, are over 60 years of age, or have limited English language skills. VITA provides free basic income tax return preparation. The VITA sites are generally located at community and neighborhood centers, libraries, churches, schools, shopping malls, and other convenient locations. To find a site near you, call 1 (800) 906-9887.
Tax Counseling for the Elderly (TCE)
The TCE Program offers free tax help for all, with priority assistance given to people who are 60 years of age and older. TCE specializes in questions and issues that are unique to retired individuals. To find a TCE center near you, call 1 (888) 227-7669.
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Earned Income Tax Credit (EITC)
The EITC is a new refundable tax credit that puts money back in the pockets of California’s working families and individuals. If you owe taxes, the Cal EITC reduces the amount of taxes you owe and may allow you to receive a refund after filing taxes. If you do not owe any taxes, the Cal EITC tax credit will give you a tax refund upon filing taxes.
Who can claim EITC? Low to moderate-income filers may be eligible for the Earned Income Tax Credit. Specifically, this credit is available to California households with adjusted gross incomes of less than $6,580 if there are no qualifying dependents, less than $9,880 if there is one qualifying dependent, or less than $13,870 if there are two or more qualifying dependents. If you meet all of the following requirements, you qualify for Cal EITC: n You have wages and an adjusted gross income below the amounts listed above. n You, your spouse, and any qualifying children each have a valid social security number n You do not use the “married/RDP filing separately” filing status n You have resided in California for more than half of the tax year
How do I claim EITC? You will need to file a California income tax return and complete an FTB 3514, Earned Income Tax Credit form (FTB 3514 Instructions). In order to obtain the form visit www.ftb.ca.gov.
Places that help file EITC? Continued on page 4
California IRS offices City Bakersfield Camarillo Chico El Centro El Monte Fresno Laguna Niguel Long Beach Los Angeles Modesto Oakland Palm Springs Redding Sacramento Salinas San Bernardino San Diego San Francisco San Jose San Marcos Santa Ana Santa Barbara Santa Maria Santa Rosa Stockton Van Nuys Visalia Walnut Creek Walnut Creek Virtual Assistance
Street Address 4825 Coffee Rd. Bakersfield, CA 93308 751 Daily Dr. Camarillo, CA 93010 1395 Ridgewood Dr. Chico, CA 95973 2345 S. Second St. El Centro, CA 92243 9350 East Flair Dr. El Monte, CA 91731 2525 Capitol St. Fresno, CA 93721 24000 Avila Rd. Laguna Niguel, CA 92677 501 W. Ocean Blvd. Long Beach CA 90802 300 N. Los Angeles St. Los Angeles, CA 90012 1700 Standiford Avenue Modesto, CA 95350 1301 Clay St. Oakland, CA 94612 556 S. Paseo Dorotea Palm Springs, CA 92264 850 Industrial St. Redding, CA 96002 4330 Watt Ave. Sacramento, CA 95821 928 East Blanco Rd., Suite 121 Salinas, CA 93901 290 N. D St. San Bernardino, CA 92401 880 Front St. San Diego, CA 92101 450 Golden Gate Ave. San Francisco, CA 94102 55 S. Market St., Suite 100 San Jose, CA 95113 1 Civic Center Dr. San Marcos, CA 92069 801 Civic Center Drive W. Santa Ana, CA 92701 1332 Anacapa St. Santa Barbara, CA 93101 2384 Professional Parkway Santa Maria, CA 93455 777 Sonoma Ave. Santa Rosa, CA 95404 4643 Quail Lakes Dr. Stockton, CA 95207 6230 Van Nuys Blvd. Van Nuys, CA 91401 5300 W. Tulare St. Visalia, CA 93277 185 Lennon Lane Walnut Creek, CA 94598 By Appointment Only
Days/Hours of Service Monday-Friday - 8:30 a.m.- 4:30 p.m. (Closed for lunch 12:30 - 1:30 p.m.) Monday-Friday - 8:30 a.m. - 4:30 p.m. (Closed for lunch 12:30 - 1:30 p.m.) Monday-Friday - 8:30 a.m. - 4:30 p.m. (Closed for lunch 12:30 - 1:30 p.m.) **This office is closed 12/26 & 12/27** Monday-Friday - 8:30 a.m. - 4:30 p.m. (Closed for lunch 12:30 - 1:30 p.m.) Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday 8:30 a.m.- 4:30 p.m(Closed for lunch 11:45 a.m.-12:45 p.m.) **This office is closed 12/13, 12/26 & 12/27**. Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.-4:30 p.m. (Closed for lunch 12:30 p.m.-1:30 p.m.) **This office is closed 12/12-12/16** Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.- 4:30 p.m. (Closed for lunch 1 - 2 p.m.) **This TAC is currently closed** Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.-4:30 p.m.(Closed for lunch 12:30 - 1:30 p.m.) Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.-4:30 p.m. (Closed for lunch 12:30 - 1:30 p.m.) Monday-Friday - 8:30 a.m.-4:30 p.m.(Closed for lunch 12:30 - 1:30 p.m.) Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.- 4:30 p.m. Monday-Friday - 8:30 a.m.-4:30 p.m. (Closed for lunch 12:30 - 1:30 p.m.) Monday-Friday - 8:30 a.m.-4:30 p.m. (Closed for lunch 12:30 - 1:30 p.m.) Monday-Friday - 8:30 a.m.-4:30 p.m. (Closed for lunch 12:30 - 1:30 p.m.) Tuesday & Thursday – 10 a.m. – 4 p.m.
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Telephone Office Information 661-328-4399 Make Appointment 844-545-5640 Office Information 805-445-4771 Make Appointment 844-545-5640 Office Information 530-343-2324 Make Appointment 844-545-5640 Office Information 760-592-2085 Make Appointment 844-545-5640 Office Information 626-927-1201 Make Appointment 844-545-5640 Office Information 559-443-7741 Make Appointment 844-545-5640 Office Information 949-389-4002 Make Appointment 844-545-5640 Office Information 562-491-7751 Make Appointment 844-545-5640 Office Information 213-576-3009 Make Appointment 844-545-5640 Office Information 209-900-6760 Make Appointment 844-545-5640 Office Information510-907-5000 Make Appointment 844-545-5640 Office Information 760-866-6125 Make Appointment 844-545-5640 Office Information530-722-1273 Office Information 916-974-5225 Make Appointment 844-545-5640 Office Information 831-753-6895 Make Appointment 844-545-5640 Office Information 909-388-8108 Make Appointment 844-545-5640 Office Information 619-321-5950 Make Appointment 844-545-5640 Office Information 415-553-8990 Make Appointment 844-545-5640 Office Information 408-283-1569 Make Appointment 844-545-5640 Office Information 760-736-7355 Make Appointment 844-545-5640 Office Information 657-247-3438 Make Appointment 844-545-5640 Office Information 805-564-7555 Make Appointment 844-545-5640 Office Information 805-352-0355 Make Appointment844-545-5640 Office Information 707-535-3859 Make Appointment 844-545-5640 Office Information 209-476-7501 Make Appointment 844-545-5640 Office Information 818-779-3625 Make Appointment 844-545-5640 Office Information 559-635-6001 Make Appointment 844-545-5640 Office Information 925-974-3898 Make Appointment 844-545-5640 Make Appointment 844-545-5640
Phishing Scams and What to Watch Out For
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hishing scams are far more common than most people recognize, and easily avoidable if the proper precautions are taken. More than 90% of all data thefts start with an email phishing scam. With the holiday season upon us, identity thefts and scammers are posing as retailers and individuals that look like typical holiday email messages or other recognizable information. Phishing scams often take the form of an email or website that looks very real in order to trick users into providing personal information. These scams often use the following tactics to fool you into giving up your information: n Posing as a bank, retail store, government agency, or a tax professional (Now, many scammers are also using social media to embed their links or malware into social media commentaries, tweets, and/or posts. Do not open links attached to social media posts if you are not absolutely sure of the source.) n Telling you that there’s something wrong with your account or that you’re in violation of the law
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Requesting that you open a link in an email or download an attachment n Sending you a link to a phony (although real looking) website and asking you to log into it With the threat of account issues or criminal violations, people will often fall into the trap of a phishing scam without the knowledge and awareness to avoid the scam. Identity thefts use people’s lack of awareness and vulnerability to download dangerous software on personal devices and collect personal information. Thefts might also use these tactics to trick people into sending them money. In order to avoid ignoring a real IRS professional that has the right to question individuals about financial information, remember that the IRS never: n Calls to demand immediate payment from odd means such as a prepaid debit card, iTunes gift card or wire transfer n Requests payment to a person or organization other than the U.S. Treasury n Threatens arrest or immediate intervention by local police or other n
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law-enforcement groups n Demands tax payments without the opportunity to question or appeal the amount To avoid any doubt, taxpayers are always welcome to check the status of their taxes by registering at IRS.gov. On the IRS website, you can check your account balance for any tax year to determine balances due. If you think you may have received a phishing email that’s IRS or tax related, please forward it to phishing@irs.gov. Scam letters and phone calls can also be reported to phishing@irs.gov or you can visit www.treasury.gov/tigta/contact_report_scam.shtml
Tax Info
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No cost: Trained community volunteers can help you prepare your return and decide if you qualify for the Cal EITC and other refundable credits. To find a Volunteer Income Tax Assistance (VITA) locations visit www.ftb.ca.gov and search “VITA” in the upper left hand corner. Fee based: For additional information on selecting a tax preparer go to www.irs.gov and search for “choose a tax professional.” For more information about filing your 2019 tax return visit www.irs.gov or call 1 (800) 829-1040 (Monday through Friday from 7 a.m. to 7 p.m.) or contact your local IRS office. Listed on page 3 are the contacts for California IRS offices.
How to Protect Yourself from a Scam and/or Identity Theft
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t’s the holidays, and that means that millions of people are shopping online, entering account information, and using private information on online platforms that identity thieves can hack into. In order to avoid the possibility of identity theft and tax scams, it is important to use strong passwords and keep private information secure.
Previously, cybersecurity experts recommended that individuals use nonsensical passwords that were a combination of letters, numbers, and symbols. (Example: Ly4/i566@) Now, the same experts recommend using a long phrase that is easily memorable. (Example: MemorablePhrase4Me!) Using a phrase means that you likely won’t have to write your passwords down anywhere and risk the potential of it being stolen. It also increases the likelihood of using a longer and stronger password because you can remember it much easier than a random, nonsensical password. Consider the following tips when creating a password and using online accounts: n Use at least eight characters, though longer is better. n Use an array of letters, numbers, and symbols. n Do not use personal information such as your name or workplace, and also try avoiding common passwords like Password1234. n Make sure that you change the default or temporary passwords that are automatically assigned to accounts and devices. n Do not recycle old passwords, or barely change temporary ones
(Example: Changing Password01 to Password 02 is not sufficient for online security). n Avoid using your email address as a username. n Store your passwords in a secure location and do not share them with anyone for any reason. n Use a password management program to track all of your usernames and passwords, if there are too many to keep organized on your own. If possible, also opt for a multi-factor authentication process. For instance, some online services will offer you the option of using a username and password, as well as another form of secure login such as a security question or text message that you have to reply to. Although it’s an added step that takes more time, there is also added security against identity theft. If a hacker gains access to your online login information, it’s highly unlikely that they will also be able to hack your cell phone or be able to answer a security question that only you know about. Keep in mind that the IRS will never ask for personal passwords. If you receive an email or a phone call asking for access to any of your passwords, it is a scam.
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2020 Laws
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The Farm Workforce Modernization Act of 2019 (Not signed into law) This federal act would change
how temporary foreign agricultural workers migrate to the United States, as well as reform the H2-A temporary agricultural worker visa program, and it would also create new pathways toward legalization and lawful permanent resident status. (LPR). This act was only recently introduced, and therefore, is not an official law, although it’s important to understand some of the most important changes that will take place if the law does pass. Proposed changes: n Creating a new temporary worker visa program called Certified Agricultural Worker (CAW) where visas are renewable and extend five-and-a-half years in length n Developing a green card option for long-term agriculture workers n Establishing new provisions for workers, guaranteed protections for workers such as Heat Illness Prevention Plans, and stricter foreign labor recruitment standards that prevent defrauding and misinforming workers n Enact penalties for employer infractions n For more information on the Farm Workforce Modernization Act, please visit www.congress. gov/bill/116th-congress/housebill/4916
California Wildfires: Relief and Resources
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alifornia wildfires continue to devastate families, homes, and businesses across the state. In 2019 alone, 4.6 million acres were burned, more than 200,000 people were forced to evacuate their homes, and many lives were lost. In order to begin the process of recovery, it is important that Californians take advantage of all relief assistance and resources available. Remember, you can still access many of these resources even if you are an undocumented immigrant. If you or your family were affected by the California wildfires, consult one of the following assistance programs and resources:
Shelters and Housing Assistance
EMERGENCY SHELTERS For emergency shelter information you can go to the California Office of Emergency Services’ website wildfirerecovery.org/evacuation- centershelter-information/. TRANSITIONAL SHELTER ASSISTANCE The Transitional Shelter Assistance (TSA) Program provides short-term lodging assistance for evacuees who are not able to return home for an extended or indeterminate period of time following a disaster. For more information on the TSA program you can go to the FEMA website at www.fema.gov/transitional-shelter-assistance. INDIVIDUAL AND HOUSEHOLDS PROGRAMS The Individuals and Households Program (IHP) is a joint Federal and State program. Anyone who suffers damage can register for assistance by calling the FEMA registration line, 1-800-621- 3362. For the deaf or hard of hearing, the number is 1-800-462-7585. For general information or to make changes to an existing application, the FEMA disaster information Helpline number is 1-800-621-3362 or TTY 1-800-462-7585. STATE SUPPLEMENTAL GRANT PROGRAM California’s State Supplemental Grant Program (SSGP), administered by California’s Department of Social Services, Disaster Services Bureau, may provide grant funds to assist people who have suffered damage in declared disaster areas. If you have questions about the State Supplemental Grant Program, you may contact SSGP at 1-800-759-6807, or for the deaf or hard of hearing, the TTY number is 1-800-952-8349.
Food and Other Basics
DISASTER CALFRESH [ALL INDIVIDUALS AND FAMILIES MAY APPLY] Disaster CalFresh can help meet the temporary nutritional needs of disaster victims of modest incomes, regardless of immigration status, following a natural disaster such as a flood, fire, or earthquake. For more information on Disaster CalFresh, visit the website at: www.cdss.ca.gov/inforesources/CalFresh/DisasterCalFresh or call 1-877-847-3663. Local Food Banks Food Banks throughout California can provide relief to families affected by the wildfires by providing them with emergency food assistance at no cost, regardless of immigration status. Locate a food bank in your area by going to www.cdss.ca.gov/Food-Banks or call 1-877-847-3663.
Health, Public Health, & Counseling
CRISIS COUNSELING Disaster Distress Helpline provides 24/7, 365-day-a-year crisis counseling and sup-
port to people experiencing emotional distress related to natural or human-caused disasters. Call 1-800-985-5990 or text TalkWithUs to 66746 to connect with a trained crisis counselor. SERVICES FOR SENIORS The California Department of Aging provides coordination through different agencies’ wide array of services to seniors and adults with disabilities. You can locate an Area Agencies on Aging (AAA) by calling 1-800-510-2020 or visit the website at: www.aging.ca.gov/ProgramsProviders/AAA/AAA_listing.asp
Replacing Documents and Insurance
DEPARTMENT OF MOTOR VEHICLES The California Department of Motor Vehicles (DMV) can respond to questions and provide the forms needed to assist individuals in replacing DMV documents, such as driver licenses, identification cards, vehicle registration certificates and certificates of title, that may have been lost as a result of the disaster. You can visit the DMV website at: www.dmv.ca.gov/. If you need an interpreter, please let DMV staff know and an appointment will be scheduled for when a foreign language interpreter is available. Appointments may also be scheduled during regular business hours by calling 1-800-777-0133 and indicating foreign language assistance is needed. For the California Relay Telephone Service from TTY phones, call 1-800-735-2929. BIRTH, DEATH, MARRIAGE, AND OTHER VITAL RECORDS The California Department of Public Health (CDPH) is working with those who have lost vital records as a result of the disaster. Birth, death, and marriage records should be requested from the county recorder’s office in the county where the event occurred visit www.cdph. ca.gov/Programs/CHSI/Pages/Obtaining-Vital-RecordsFrom-County-Offices.aspx for a list of county recorders or you may call 1-800-735-2929 or visit: www.cdph.ca.gov/ Programs/CHSI/Pages/Vital-Records.aspx INSURANCE & REBUILDING INFORMATION The California Department of Insurance provides assistance on insurance issues, such as claim handling delays, additional living expenses, underinsurance disputes, etc. If you are experiencing difficulty with the processing of your claim contact the officers at the Department’s Consumer Hotline at 1-800-927-HELP (4357); TTY 1-800-482-4833 for assistance. For additional information you may also wish to visit the Department’s website at: www.insurance.ca.gov. CONTRACTORS STATE LICENSE BOARD: The Contractors State License Board (CSLB) verifies contractor licenses, investigates complaints, and provides helpful information about hiring a licensed contractor. For
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information on hiring or filing a complaint regarding a contractor, disaster victims may call CSLB’s Disaster Hotline M-F from 8 a.m. - 5 p.m. at 1-800-962-1125, or the 24-hour automated telephone response system, 1-800321-CSLB (2752). Licenses can also be checked online at: www2.cslb.ca.gov/OnlineServices/CheckLicenseII/ CheckLicense.aspx. You can also view a video, “Rebuilding After a Natural Disaster” on the CSLB website at: www.cslb.ca.gov/Media_Room/Disaster_Help_Center/ HOUSING AND COMMUNITY DEVELOPMENT: The California Department of Housing and Community Development (HCD) can assist with manufactured housing questions including repairs, installations and/or registration and titling. For information concerning Registration and Titling call 1-800-952-8356; TTY 1-800-735-2929 or visit the website at: www.hcd.ca.gov/manufacturedmobile-home/registration-titling/ index.shtml.
Employment and Job Services
DISASTER UNEMPLOYMENT ASSISTANCE Disaster Unemployment Assistance (DUA) is generally available to any unemployed worker or self-employed individual who lived, worked, or was scheduled to work in the disaster area at the time of the disaster; and due to the disaster: n No longer has a job or a place to work; or n Cannot reach the place of work; or n Cannot work due to damage to the place of work; or n Cannot work because of an injury caused by the disaster. UI claims also can be filed by telephone at 1-800300- 5616, for Spanish, call 1-800-326-8937 or for TTY, call 1-800-815-9387. To find more information on DUA and how to file for both employment insurance and DUA visit the EDD website at: www.edd.ca.govAbout_EDD/ Disaster_Related_Services.htm
Voice of the Fields California Circulation: 45,000 copies
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