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
February 2017
FREE
Volume 27, Number 2
The Migrant and Seasonal Farmworker Outreach Program
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he Employment Development Department (EDD) created the Migrant and Seasonal Farm Worker Outreach Program (MSFW) to improve the working conditions of all farmworkers in California and to ensure these workers are aware of the services offered by the government. Through the MSFW Outreach Program, a full range of employment services are offered to farmworkers who otherwise would not have access to services through the intake process provided by the America’s Job Center of California network. In order to provide assistance to all workers that contribute to the state’s powerful economy, the MSFW Outreach Program is specifically designed for agricultural employers and workers classified as migrant, seasonal, migrant food-processing workers as defined by federal law. Agricultural employers are contacted and offered assistance and information that includes: labor needs, labor law, unemployment insurance, disability insurance, paid family leave and to ensure that seasonal farm workers are aware of other employment opportunities.
MSFW Outreach Workers at Your Service EDD employees regularly conduct community outreach efforts to provide
farmworkers information about services offered by the department and local community centers. EDD employee’s role in the MSFW program is to assist farmworkers and provide resources, and not to regulate or find fault with the farmworkers. Oftentimes EDD workers come from MSFW backgrounds, and have first-hand experience working in or around agriculture. These reliable and verified employees must receive permission before visiting worksites and living areas. Each worker corresponds with a particular California region, where they visit multiple agricultural worksites, schools, community events, community centers, and various other places where farm workers who may benefit from EDD services are located. Language Outreach workers are trained to communicate in the language most comfortable for the employers, workers, and job seekers to educate them on EDD services and programs. Outreach workers have helpful resources to take
advantage of including information on the services available from local America’s Job Centers, such as: employment opportunities (agricultural and nonagricultural), job training, supportive services, as well as counseling and the availability of education and job testing in your area. They will also have a summary of your rights as a farmworker and information on other organizations in your area that serve MSFWs. Year-round Options. To those who seek it, you can also expect outreach workers to point you toward year-round employment or higher wage jobs by visiting their local America’s Job Centers. They will be equipped with information to find transportation for you to visit an America’s Job Center and assistance with the applications or paperwork. Safety While on worksites, the outreach workers will check safety and sanitation to make sure working and living facilities meet state law requirements. If they do not meet standards, the outreach worker will note possible violations and educate your employers about changes that should be made to ensure a healthy and clean Continued on page 3
Winter Storm Prep and Safety Tips
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hat constitutes extreme weather and its effects can vary across different areas of the country. In regions that are not used to winter weather, such as California, near freezing temperatures and heavy precipitation can leave residents unprepared. We are experiencing some of the more significant flooding we’ve seen in the past decade, areas may flood that haven’t seen impacts for several years. Reminders for severe Safety tips from PG&E weather preparedness Be prepared before storms arrive: If you are operating a vehicle, please review the following tips: n Avoid areas subject to sudden flooding n Do not attempt to drive (or walk) across running water more that a few inches deep n Avoid driving in water that downed electrical or power lines have fallen in n Avoid hydroplaning by driving slowly and keeping your tires inflated correctly Don’t forget to accomplish the following if possible n Clear rain gutters n Repair roof leaks n Cut away tree branches that could fall on your house Rock and mudslides on mountain roadways are likely. Reduce your speed, turn on your headlights and be aware of your surroundings. Travel could be very difficult with some roads covered by water. Turn the vehicle around and find an alternate route. The damage to your vehicle could be irreparable or at worse a threat to your safety.
Have battery-operated flashlights and radios with fresh batteries ready. Listen for updates on storm conditions and power outages. n If you have a cordless phone or answering machine that requires electricity to work, have a standard telephone or cell phone ready as a backup. n Keep your cell phone charged, and have a portable charging device handy. n
Prepare now n
Have sufficient food to last for several days.
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Charge your electronic devices and check your flashlight and radio batteries.
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Have repair supplies available.
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Be aware of changing conditions and monitor your local news for weather alerts and updates.
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Be aware of your local sandbag locations – all fire stations in affected areas distribute free sandbags.
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Freeze plastic containers filled with water to make blocks of ice that can be placed in your refrigerator/ freezer during an outage to prevent food from spoiling. n If you have a stand-by generator, notify PG&E and make sure that it’s installed safely to avoid risking damage to your property and endangering PG&E workers who could be working on power lines in your neighborhood. Information on the safe installation of generators can be found on our website at www. pge.com/generator. If outages occur: n Stay away from downed power lines. Treat all downed power lines as if they are energized and extremely dangerous. Keep yourself and others well away from them and immediately call 911, then notify PG&E’s 24-hour emergency and customer service line at 1-800743-5002. n Candles pose a fire risk. Avoid using them during a power outage. If you must use candles, keep them away from drapes, lampshades and small children. Do not leave candles unattended. n If your power goes out, unplug or turn off electric appliances to avoid overloading circuits and fire hazards when power is restored. Simply leave a single lamp on to alert you when power returns. Turn your appliances back on one at a time when conditions return to normal. n
MSFW Continued from page 1
Before calling PG&E about a power outage: n Check to see if other neighbors are affected. This will confirm if an outage is impacting the neighborhood or just your residence. n If you don’t see your outage listed on our outage maps, report your outage to PG&E’s Electric Outage Information Line at 1-800-743-5002, the service is both in English and Spanish. Be aware the phone lines may become very busy during major storms, but they are committed to serving the public. Article adapted from PG&E
workplace. They will also ask for feedback from you about your jobsite. Remember, they are only there to help and anything you say will be kept confidential. Quality of life Outreach workers are not only concerned with providing employment information and opportunities; they also provide information and support to improve quality of life. Outreach workers have information on numerous programs outside of EDD services that offer assistance to improve life at home. Services include, but are not limited to, ESL classes, low cost energy programs for your house, and food assistance programs. Furthermore, if
you are having a problem with your employer (wage, sanitation, hour, etc.) or have any service problems with EDD, you can tell an outreach worker. They will provide you with paperwork to file a formal complaint. You do not have to be a migrant farm worker to file a complaint. If you have an outreach worker you are already working with and wish to follow up with them, please visit your local EDD office and contact your outreach worker directly. Go to www.americasjobcenter.ca.gov/ Job_Center_Locator.aspx to find your nearest your local America’s Job Center office.
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 CalJOBS Number
Job Title
Pay Rate
Contract Dates
Positions
City of Job
Employer’s County
America’s Job Centers of California (AJCC)
15154328
Farmworkers Strawberries
$12.57 Hr.
03/01/2017 06/30/2017
40
Various Worksites
Ventura
Oxnard AJCC (805) 288-8400”
15154926
Farmworkers Harvest - Various Crops
$12.57 Hr.
03/13/2017 11/18/2017
113
Tulelake and Macdoel, CA; Bonanza, OR
Lassen
Redding Workforce Services (530) 225-2185
Various
Sheepherder
$1777.98 Mo.
On-going
75
California and Western States
California and Western States
Selected AJCCs WSB Offices
Various
Beekeeper
$13.00
On-going
88
California
California
Selected AJCCs WSB Offices
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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Farmworkers may be eligible for a state tax credit
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ou may be eligible to get some of the money you earned back from the state. Here’s how – Just file a state tax return. The California Earned Income Tax Credit (CalEITC) was designed to put money back in the pockets of working people, like farmworkers, and their families. It took effect in 2015 in California, adding to the federal EITC. If you qualify, you may file tax returns to get this credit for 2015 and 2016.
Determine whether you’re eligible. You qualify for the CalEITC and federal EITC if you fit ALL the below traits: n Your earned income, not including public benefits or self-employed income, meets the chart below. For farmworkers, non-cash wages such as food, lodging, and transportation are usually considered conditions of employment rather than taxable income.
You, your spouse, and all family members claimed in your taxes each have a Social Security Number valid for U.S. employment. This includes DACAprotected people with a SSN. n You do not file taxes as “married/ RDP filing separately.” n You lived in California for over half the year. n You are ages 25 – 65 OR have a qualifying dependent (your child, stepchild, sibling, step-sibling, foster child, or their descendant) living with you for over half the year, who is younger than you and under 19, or a student under 24, or any age if disabled. Ask a tax preparer about the same residency requirement – exceptions include temporary absences for business. n
File your state income taxes. Fill out Form 540X and Form 3514, available online. To access CalEITC, you must file your state tax return – even if your income is below the
required filing threshold. Many employers withhold required taxes from farmworkers’ paychecks, so you may even receive additional tax refunds. You will need documents including proof of income, government-issued ID, and social security cards. The deadline to file taxes is April 18th, 2017. After you file, CalEITC will provide the tax return if you do not owe any taxes. Or, they will lessen the amount you do owe accordingly. You can amend tax returns you did not claim for up to three years back, including the 2015 CalEITC.
FREE help filing taxes: CalEITC4me.org - Free Tax Prep Finder and more information (English/Spanish) n IRS Volunteer Income Tax Assistant (VITA) - incomes up to $54,000 n Tax Counseling for the Elderly (TCE) - 60+ n AARP Foundation’s Tax-Aide - 50+ n
Sources: Franchise Tax Board, ftb.ca.gov, and CalEITC4 me, CalEITC4me.org.
If you have ( ) children who qualify…
and your household earns less than ( )…
you can get up to ( ) in CalEITC…
and you can get up to ( ) in federal EITC
None
$6,717
$217
$506
1
$10,087
$1,452
$3,373
2
$14,161
$2,406
$5,572
3 or more
$14,161
$2,706
$6,269
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2016 Legislative Round-Up
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he California Legislature passed the 5th most bills of all 50 states. This past 2015-2016 legislative session Governor Jerry Brown signed 900 bills into law. Among the pieces of legislation signed this year that will be relevant to La Voz readers, were some major feats. We’ve compiled the newest laws that you should keep on your radar. Enacted January 1st 2017: The phased-in implementation will AB 1066 occur over a four-year period. Each Farmworker Overtime Assembly Bill (AB) 1066 would reduce the amount of hours to receive overtime pay from 10-hours a day to 8-hours a day and from 60-hours a week to 40- hours a week, bringing agricultural overtime pay to meet the standard in California. AB 1066 will raise the overtime wage for agricultural workers gradually over four years, beginning in 2019.
Overtime Phase-In under AB 1066 26 Employees or More 2019 9.5 Hours/Day 55 Hours/Week 2020 9 Hours/Day 50 Hours/Week 2021 8.5 Hours/Day 45 Hours/Week 2022 8 Hours/Day 40 Hours/Week
25 Employees or Less 2022 9.5 Hours/Day 55 Hours/Week 2023 9 Hours/Day 50 Hours/Week 2024 8.5 Hours/Day 45 Hours/Week 2025 8 Hours/Day 40 Hours/Week
year will be accompanied by a halfhour decrease a day and 5-hour decrease a week, until reaching the final standards in 2022 (see chart). Small employers with 25 employees or less will start phasing-out the agricultural worker overtime exemption in 2022 over a 4-year period, giving them additional time to adjust. Between now and the 2019 implementation, workers will have to stay tuned for developments from the Department of Industrial Relations (DIR). Farmworker overtime will be regulated by California’s Industrial Welfare Commission (IWC) Wage Order 14 dealing with wages, hours, and working conditions in agricultural occupations. While we wait for 2019, continue to check-in with community resources like the Cooperativa Campesina and the Department of Industrial Relations at www.dir.ca.gov/iwc/wageorderindustries.htm.
AB 1244 Worker’s Compensation Enforcement California is moving to crack down on bad actors in the workers’ compensation system following a report
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that an estimated $1 billion has been embezzled from the state program. A new law requires the workers’ compensation director to suspend hospitals, doctors and other medical providers from the system if they have been convicted of any wrongdoing related to health care fraud. It follows an April report by The Center for Investigative Reporting that some doctors and administrators scam the system by performing unnecessary procedures or routinely falsify bills. State and federal prosecutors say in the report that gaps in state oversight compromise the system and state agencies can’t adequately pressure care providers.
SB 869 Firearms Gun owners and law enforcement officers will be required to lock up their firearms if they leave them in an unattended vehicle under legislation Gov. Jerry Brown signed in response to high-profile thefts from police vehicles in the San Francisco Bay Area. SB 869 will require that anyone — including police and people with concealed weapon permits — leaving a handgun in a vehicle lock it in the trunk or a container out of plain sight, or face a $1,000 fine.
SB 1066 Wage Differential: Race or Ethnicity SB 1063 expands requirements for Continued on page 6
Round Up Continued from page 5
fair pay beyond gender to also protect against racial discrimination. The bill builds on a 2015 equal-pay law that’s already considered the nation’s toughest.
SB 1676 Wage Discrimination Brown also signed SB1676, which prohibits employers from basing compensation solely on a worker’s prior wage. The bill reasons that women should not be penalized for prior salaries that may have been unequal to men’s.
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 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.
SB 1234 CA Secure Choice Retirement SB 1234 will help 7 million people who work for employers that don’t offer a retirement savings plan. In California, 68 percent of Hispanic workers and about 53 percent of African Americans lack access to an employer-provided retirement plan. This program will take effect in 2019, but will be implemented in stages for a period of three years. The legislation creates a state-run retirement program for workers who don’t have an employer-sponsored plan, many of them working in lowerwage positions. It requires employers
to automatically enroll their workers and deduct money from each paycheck, though workers can opt out or set their own savings rate. It will remove barriers and help make it easier for people to save and build up assets and economic security. SB 1234 requires employers that don’t offer retirement accounts to automatically enroll their employees in the state-run plan. Unless workers opt out, a percentage of their earnings would be deducted from each paycheck and held in lower-risk investments. The plans would follow workers as they move from job to job, allowing them to accumulate larger balances in a single account.
Voice of the Fields Newsletter and the La Cooperativa Campesina de California Monthly Radio Show
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a Cooperativa develops, with support from the EDD and the Department of Community Services and Development, this Voice of the Fields Newsletter you are reading. Each month, this newsletter is distributed across the state to keep you informed about issues that could affect many parts of your life. To supplement the Newsletter, each month, Radio Bilingue reporter Delia Saldivar hosts a radio program providing you with indepth information on issues discussed in the monthly Voice of the Fields newsletter. For each show, experts are invited to come on and expand on the monthly newsletter topics. To find a Radio Bilingüe station near you, visit www.radiobilingue.org. You can also access past programs on the La Cooperativa website.
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