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
January 2018
FREE
Volume 28, Number 1
Defining Sexual Harassment
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n 2017, sexual harassment became a widely discussed issue. It is important to define sexual harassment and to know your rights when it comes to sexual harassment in the workplace.
There are two types of sexual harassment: quid pro quo sexual harassment and hostile work environment sexual harassment. Quid pro quo sexual harassment either comes in the form an offer or a threat. The first is when an employer or supervisor offers a job benefit, such as a raise or a promotion, in exchange for some kind of sexual conduct. The second is when an employer or supervisor threatens work-related punishments, such as demotion, pay reduction, or termination, unless the employee gives in to their sexual demands. Hostile work environment sexual harassment is when the victim’s work environment is made hostile, offensive, oppressive, intimidating, or abusive due to serious and persistent harassment. Harassment can be categorized as the following types of behaviors: physical harassment, verbal harassment, visual harassment, or sexual harassment. In the work place, you are protected from: sex being used as a condition of employment, unwanted touching, unwelcome sexually derogatory comments, unwanted sexual comments, and unwanted sexual images.
There are several steps that can be taken to prevent sexual harassment. Part of an employer’s duty to prevent sexual harassment from occurring involves distributing educational material regarding sexual harassment law and company procedures to their employees. Employers with 50 or
more employees must provide two hours of sexual harassment training to supervisory employees at least once every two years. A new law regarding sexual harassment (SB 295), requires that the sexual harassment training needed to receive a farm labor contractor’s license must be conducted or interpreted into the language understood by the employee. The consequences for unlawful
sexual harassment can be severe. Victims may seek compensatory damages, emotional distress damages, punitive damages, attorney fees and costs, and injunctive relief. Knowing what to do if you have been sexually harassed is very important. It is a good idea to document the inappropriate conduct. Write down the details about each incidence of sexual harassment including: the harasser’s name, the date and time, and a full description of the events that occurred. Make sure to report the sexual harassment to your supervisor or human resources department. When you report it, make sure it is in writing and keep a copy of the report for yourself as evidence. You can also speak to a lawyer about whether or not it would be beneficial to bring a lawsuit. Many lawyers offer free consultations to discuss these matters. The Fair Employment and Housing Act, says that unlawful sexual harassment claims must be filed with the Department of Fair Employment and Housing within 1 year of the incident. Under the Equal Employment Opportunity Commission, employees have 300 days from the date of the incident to assert a sexual harassment claim. Finally, under the Fair Employment and Housing Act, California employers are prohibited Continued on page 6
Get Ready for Tax Season
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AX SEASON IS HERE and we have listed all the information you will need to file your taxes easily and successfully. We will cover everything from important dates, to common tax scams you should look out for. First, it is important to know the relevant dates. You will receive your income and investment interest forms by January 31, and you must file your taxes by April 15. Next, you will need to gather the relevant documents. This includes the following:
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Green energy credits IRA contributions Mortgage interest Student loan interest Medical Savings Account contributions Moving expenses
Personal Information n
The bank’s routing number After gathering your documents, you can determine your filing status by visiting www.irs.gov/help/ita/ what-is-my-filing-status. You will need the following information: Marital status The percentage of the costs that your household members paid toward keeping up a home. Once you have determined your filing status, there are several ways to file your taxes: n
Using Free File Software
Social Security numbers for you, your spouse, and any dependents
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Income Information n
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W-2 forms (for you and your spouse) from all the employers you worked for during the past tax year 1099 forms if you (or your spouse) completed contract work and earned more than $600 Investment income information Income from local and state tax refunds from the prior year Other kinds of income: unemployment, rental property, social security benefits, lottery and gambling winnings, etc.
Income Adjustments Information n
Homebuyer tax credit
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Credits and Deductions Information n n n n n n
Education costs Childcare costs Adoption costs Charitable contributions/donations Casualty and theft losses Medical expenses
Direct Deposit Information n
Your bank account number
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This option is available to you if your income is below $64,000. It allows you to prepare and file your federal individual income tax return for free. To use Free File, visit www.irs.gov/ freefile
Using Commercial Tax Prep Software, such as: n n n
H&R Block Turbo Tax Tax Act
Using Tax Professionals n
To find a tax preparer with credentials near you, visit www. irs. treasury.gov/rpo/rpo.jsf
There are several tax scams to be aware of during this tax season. O NE OF THE MOST common is the IRS-Impersonation Telephone scam. Callers claim to be IRS employees—they use fake names and fake IRS identification badge numbers. They will know a lot about you, and they will alter their caller ID to make it seem like the IRS is calling. Victims are told they owe money to the IRS and it must be paid immediately through a gift card or wire transfer. They may threaten arrest, deportation or suspension of business or driver’s license. If you do not answer the phone, they might leave an urgent callback request. It is important to note that these scammers will target victims using the victim’s native language.
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NOTHER COMMON TYPE of tax scam involves email, phishing, and malware schemes. Fraudsters send e-mail messages to trick victims into revealing personal and financial information that can be used to steal the victim’s identity. Scam emails are designed to trick taxpayers into thinking they are official communications from the IRS or others in the tax industry. These emails may seek information related to refunds, filing status, confirming personal information, ordering tran-
scripts, and verifying PIN information. They may include links to fake websites that are intended to look like the official IRS website. These emails will direct you to “update your IRS e-file immediately.” These emails are NOT from the IRS.
does not have access to any taxpayer’s personal or financial information. In order to avoid tax scams, it is important to know that the IRS does not call to demand immediate payment using specific payment methods such as prepaid debit card, gift card, or wire transfer. The IRS will always send you a bill in the mail first if you owe any taxes. The IRS does not threaten to bring in local police or other law-enforcement groups to have you arrested for not paying. In addition, the IRS does not demand payment without giving you the opportunity to question or appeal the amount they say you owe. The IRS will never ask for credit or debit card numbers over the phone.
Additional Resources:
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HE FINAL TAX SCAM that targets individuals involves fraudsters posing as the Taxpayer Advocacy Panel. Some people may receive emails that appear to be from the Taxpayer Advocacy Panel (TAP) about tax fraud. These are also a phishing scam—they will try to get personal and financial information. Do no respond to this or click any links. The real TAP will never request and
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For more information about how to file your taxes, please visit the IRS website at www.irs.gov/filing For more information about tax scams please visit the IRS Tax Scam/Consumer Alerts page at www.irs.gov/newsroom/taxscams-consumer-alerts Sources: www.irs.gov/ www.irs.com/ www.daveramsey.com/blog/ five-simple-steps-to-file-your-taxes
Earned Income Tax Credit
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ARNED INCOME TAX CREDIT (EITC) is a benefit for working individuals with low to moderate income. If you are eligible for this tax credit, you will be able to keep the money you deserve. If you qualify for the Federal EITC, you may also qualify for the same tax credit offered in California. These are both designed to put money back into the pockets of low-income individuals that are the backbone of our country and state. FEDERAL QUALIFICATIONS: n Must Work and Have Earned Income What is Federal EITC? EITC provides a boost to workers, their families and the communities where they live. It helps with food, gas, clothing, saving for a rainy day and more.
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To receive the credit, you must have income from work for your employer or someone else, work for yourself, a business or farm you own or operate, or some disability plans. And, you must either meet additional rules for workers without a qualifying child or have a child that meets all the qualifying child rules for you. Use the EITC Assistant on www. irs.gov/EITC to see if you qualify by answering a few questions and to find out your filing status. To claim EITC You Must Meet Certain Criteria:
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Are you Eligible for Federal EITC?
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Must Have a Social Security Number Must File a Federal Tax Return: Married Filing Jointly Head of Household Qualifying Widow or Widower Single Must Meet Income Criteria
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For answers to any questions regarding the EITC tax credit please go to the IRS website at www.irs.gov or call 1-800-829-1040. Volunteer Income Tax Assistance (VITA): The VITA program offers free tax preparation help to people who generally make $54,000 or less, persons with disabilities, the elderly and limited English-speaking taxpayers who need assistance in preparing their own tax returns. IRS-certified volunteers provide free
Federal Qualifying Chart Number of Qualifying Children
Single, Head of Household or Widowed
Married Filing Jointly
Federal EITC Maximum Credits
None
$14,880
$20,430
$506
1
$39,296
$44,846
$3,373
2
$44,648
$50,198
$5,572
3 or more
$47,955
$53,505
$6,269
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basic income tax return preparation with electronic filing to qualified individuals. For more information, please visit the website at www.irs. gov or call 1-800-906-9887.
CALIFORNIA STATE QUALIFICATIONS: What is the California EITC?
The California EITC tax credit is designed to put money in the pockets of low-income working families and individuals. Claiming this credit is easy.
Are You Eligible for California’s EITC?
This cash-back credit is applicable if you have work income, you can file and claim your EITC refunds, even if you don’t owe any income tax. Claiming your EITC is easy. Just file your state tax returns. California EITC requires filing of your state return (form 540 2EZ or 540) and having earned income reported on a W-2 form (i.e. wages, salaries, and tips) subject to California withholding. Self-employment income cannot be used to qualify for state credit. You qualify for Cal EITC for the 2017 tax year if: n You have wages, self-employment income and adjusted gross income within certain limits n You, your spouse, and any qualifying children each have a Social Security Number issued by the Social Security Administration that is valid for employment n You do not use the “married/RDP filing separately” filing status
You lived in California for more than half the tax year. This year the California EITC is bigger and better. Starting with the 2017 tax year, families earning up to $22,300 may qualify for CalEITC, which is a dramatic increase of the upper income limit over past years. Also those who earned self-employment income in 2017 may qualify. For the 2017 tax year, this credit is available to California households with adjusted gross incomes of up to $15,008 if there are no qualifying children, up to $22,322 if there is one qualifying child, up to $22,309 if there are two qualifying children, and up to $22,302 if there are three or more qualifying children. See below the chart for specific EITC credit information. The EITC refunds are not counted as income when your CalWorks, CalFresh or Medi-Cal benefits are calculated. For more details, please contact your eligibility worker. n
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and use the CalEITC Calculator to determine how much money you can get back. To find convenient free tax preparation sites in your neighborhood, please use www.caleitc4me.org.
Sources: www.ftb.ca.gov/individuals/faq/net/900.shtml www.irs.gov/credits-deductions/individuals/ earned-income-tax-credit/do-i-qualify-for-earnedincome-tax-credit-eitc www.eitc.irs.gov www.cdss.ca.gov/Earned-Income-Tax-Credit
Are You Eligible for the CalEITC Cash Back Refund?
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Franchise Tax Board (FTB): File your free state tax return directly to FTB by using California file online services. For more information, please contact FTB at 1-800-852-5711 or visit the website at www.ftb.ca.gov. CalEITC: For more information on eligibility visit www.caleitc4me.org California Qualifying Chart Number of Qualifying Children
State EITC Income Limits
State EITC Maximum Credits
None
$6,717
$217
1
$10,087
$1,452
2
$14,161
$2,406
3 or more
$14,161
$2,706
visit CalEITC4Me.org
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Text MONEY to (760) 970-8396 find out how much EITC money you could get back! Message & Data Rates May Apply
Harassment
EDDResources Resources EDD
Continued from page 1
from retaliating against an employee for opposing or complaining of unlawful sexual harassment. There are several resources available to you if you have been a victim of sexual harassment in the workplace: n If you have a complaint or would like to contact an EEO Counselor, please visit the Equal Employment Opportunity Commission website at www.eeoc.gov or call them at 1-800-669-4000 n If you would like to get in touch with the Department of Fair Employment and Housing please visit their website at www.dfeh.ca.gov or call them at 1-800-884-1684 Sources: www.employees-lawyer.com/ sexual-harassment-law-california/
www.edd.ca.gov Workforce Services General Questions/ AJCC Locator ...............(916) 654-7799
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
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
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 full-service strategy firm that offers quality media relations, crisis communications, public affairs services, and expertise into the growing Latino market.
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
Pay Rate
Contract Dates
Positions
City of Job
Employer’s County
America’s Job Centers of California (AJCC)
15717803
Farmworker Citrus
$13.18 Hr.
1/29/186/1/18
123
Arvin, Bakersfield, Clovis, Cutler, Delano, Dinuba, Ducor, Edison, Exeter, Fresno, Ivanhoe, Lemon Cove, Lindcove, Lindsay, McFarland, Madera, Maricapa, Mettler, Novalencia, Orosi, Orange Cove, Porterville, Redbanks, Reedley, Richgrove, Sanger, Sevell, Sierra Vista, Strathmore, Terra Bella, Visalia, Wasco, Woodlake
Imperial
Porterville AJCC (559) 788-1400
15691913
Farmworker Various
$13.18 Hr.
1/18/1811/1/18
24
Napa
Napa
Napa AJCC (707) 253-4134
15688642
Farmworkers $13.18 Hr. General Labor
1/15/187/15/18
30
Moorpark, Santa Paula, Ventura
Ventura
Oxnard AJCC (805) 288-8400
15685522
Farmworker $13.18 Hr. Avocados, Lemons, Oranges, and General Labor
1/15/186/29/18
30
Santa Barbara
Santa Barbara
Santa Maria AJCC (805) 348-3231
1/9/18 11/8/18
302
Annapolis, Boonville, Calistoga, Forestville, Geyserville, Healdsburg, Hopland, Kelseyville, Lakeport, Occidental, Philo, Sebastapol, Ukiah, Yorkville
Sonoma
Sonoma Job Link AJCC (707) 565-5550
15685353
Farmworkers Wine Grape
$13.18 Hr.
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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