La Voz del Campo - July 2019 - English

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

July 2019

FREE

Volume 29, Number 7

Know Your Employment Rights

I

MMIGRANTS MAKE CALIFORNIA a diverse and powerful state. California stands with immigrants. California’s state institutions are here to serve all Californians, regardless of immigration status. ALL WORKERS, REGARDLESS OF IMMIGRATION STATUS, ARE PROTECTED

BY CALIFORNIA LABOR LAWS. It is imporKNOW YOUR CIVIL RIGHTS tant that you know your rights. For more informan You have the right to remain silent tion, visit www.immigrantguide.ca.gov. You can also visit www.cdss.ca.gov/ImmigrationContracn You have the right to speak with a lawyer tors to contact providers sponsored by the Departn You do not have to open the door unless ment of Social Services who provide legal resourcICE has a warrant signed by a judge es for immigrants.

Disability Insurance

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ISABILITY INSURANCE (DI) is a type of payment to ensure a worker’s income and way of life when unable to work due to a non-work related disability. DI is a component of the State Disability Insurance (SDI) program established in 1946, and currently covering approximately 18.7 million California workers. The state of California controls the SDI program and provides Disability Insurance (DI) and Paid Family Leave (PFL) wage replacement benefits to eligible workers who are unable to work due to a non- work related disability, sickness, or pregnancy.

Workers contribute to their own SDI coverage through deductions from their paychecks; therefore, the benefits are different for each person.

DI payment benefits serve to supplement income to help pay for food, housing, or any of your standard costs generally given by a steady paycheck.

DI benefits are payable for a maximum of 52 weeks. For claims beginning on or after January 1, 2019, weekly

benefits range from $50 to a maximum of $1,252. The weekly benefit amount (WBA), money paid to the worker each week is approximately 60 to 70 percent (depending on income) of wages earned 5 to 18 months prior to your claim start date.

To receive benefits, workers must: File a claim for DI benefits using SDI Online or a paper claim form. n Serve a seven-day, non-payable waiting period. n Have at least $300 in wages that were subject to SDI contributions during your 12-month base period. n Have a physician/practitioner certify to their disability by completing the “Physician/Practitioner Certification”.

For more information, contact DI at 1-800-480-3287. To apply online or locate your nearest SDI office visit www. edd.ca.gov/disability n

California’s Paid Family Leave Program

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HE CALIFORNIA PAID FAMILY LEAVE (PFL) Act is an extension of the State Disability Insurance (SDI) program. The PFL program allows eligible workers to stay home for up to 6 weeks with partial pay to care for a family member. The Paid Family Leave Program pays eligible workers while caring for a seriously ill family member (child, parent, grandparents, grandchildren, parents-in-law, siblings, spouse, or registered domestic partner) or to bond with a new child entering the family.

PFL does not provide job protection, only monetary benefits; however, your job may be protected through other federal or state laws such as the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).

Workers contribute to their own PFL coverage through mandatory deductions from their paychecks; therefore, the benefits are different for each person.

If eligible, a worker can receive approximately 60 to 70 percent (depending on income) of wages earned 5 to 18 months before their claim start date.

To receive benefits, workers must: n File a claim for PFL benefits online or by mail n Have earned at least $300 in wages during the 12-month period of your claim n Provide proof of relationship (ex: birth certificate) n Have the care recipient’s physician/ practitioners certify to the need for care by completing the “Physician/Practitioner’s Certification” for care claims

For more information about Paid Family Leave, visit the Employment Development Department at www.edd. ca.gov/Disability/Paid_Family_Leave. htm for eligibility requirements and application forms.

For more information about the FMLA, visit the Department of Labor www.dol.gov/whd/fmla/index.htm), or call 1-866-487-2365.

For more information about the CFRA, visit the California Department of Fair Employment and Housing www. dfeh.ca.gov/wp-content/uploads/ sites/32/2017/06/DFEH_CFRA_Pamphlet.pdf, or call 1-800-884-1684.

KNOW YOUR CIVIL RIGHTS

ICE RAIDS AT WORK

n You have the right to ask to speak to an attorney n You have the right to remain silent n You have the right against unlawful searches

by ICE n You have the right to refuse to sign any document ICE asks you to sign n You may have the right to argue your case before an immigration judge

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Unemployment Insurance

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HE UNEMPLOYMENT INSURANCE (UI) program provides temporary income to workers who have lost their jobs. The employer pays a tax to fund the UI program. Therefore, unemployment benefits cover only eligible workers who become unemployed through no fault of their own, and meet certain other eligibility requirements. Workers who voluntarily terminate employment and self-employed individuals are not eligible for unemployment.

An individual filing a claim for UI benefits needs to meet certain criteria. To be eligible individuals must: n Have received enough wages during the base period to establish a claim n Be completely or partially unemployed n Be unemployed through no fault of own n Be physically able to work n Be available to work

Be ready and willing to accept work n Be actively looking for work The U.S. Department of Labor ensures compliance in each state. In California, the Employment Development (EDD) oversees the program.

To file a claim and for further information visit www.edd.ca.gov/unemployment/ or visit your local Americas Job Center of California (AJCC). To find your closest AJCC visit www.edd. ca.gov/office_locator/ Representatives are available from 8 n

a.m. to 5 p.m., Monday through Friday (except on state holidays) at 1-800300-5616 (English) and 1-800-3268937 (Spanish).

KNOW YOUR CIVIL RIGHTS

MAKE A FAMILY PLAN n Choose who will care for your child if you can’t n Put a child care plan in place n Gather important documents n Talk to your child about your plan n Update Emergency Contact information at your child’s school

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 Job Start Date Number Openings

End Date

Last Day to Apply

County

Commodity

16576671

150

07/01/19

10/20/19

08/25/19

Merced

16590727

50

07/01/19

11/20/19

09/10/19

Santa Cruz

Raspberries

16587359

51

07/01/19

08/05/19

07/18/19

Fresno

16594049

80

07/01/19

10/01/19

08/16/19 Merced, Stanislaus, San Joaquin, Fresno

Activity

AJCC

Phone

Los Banos AJCC`

(209) 710-6140

Picking, sorting, packing

Watsonville AJCC

(831) 763-8933

Melon

Harvest; General Labor; Tractor Driver; CalVan Driver

Fresno AJCC

(559) 230-3600

Garlic

Harvest, Irrigation, Forklift Driving, CalVan, Tractor Driving

Mer ed AJCC

(209) 726-5407

Bell peppers, Harvesting, packing, planting, pruning, Tomatoes, Jalapenos, tractor driving forklift driving, irrigation Almonds maintenance

Continued on page 6

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Central Valley Opportunity Center

C

ENTRAL VALLEY OPPORTUNITY CENTER (CVOC) is a non-profit 501(c) (3) employment training and service provider serving the California counties of Merced, Madera, and Stanislaus. CVOC is funded primarily through federal, state and local grants to serve farm worker and low-income populations.

The CVOC’s vision is that people in the communities they serve have stable and secure futures and their mission is to provide employment, skills training, education, and emergency services to improve the quality of life for farmworkers and underserved members in their communities.

Since 1979, CVOC has been providing services in the Central Valley and operates major programs for the Department of Labor, Department of Community Service and Development, and Department of Education.

The economy of CVOC’s service area is predominantly agricultural.

Agriculture is also the leading employment sector. In addition to creating farm employment, the area’s agricultural activities stimulate jobs in food processing, transportation, light agriculture industry, and wholesale and retail trades.

CVOC services include vocational education, adult basic education, English Language instruction, housing assistance, energy payment assistance, home weatherization services, emergency supportive services, transportation, emergency food, job placement services, child care services and community education services. CVOC has effectively provided a comprehensive package of services to over a hundred thousand customers.

CVOC Programs include: n

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n n

Migrant and Seasonal Farmworker Program Dislocated Agricultural Worker Program Community Service Program Low Income Home Energy Assistance Program CalWORKS Job Club HEP—High School Equivalency Program

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For further information on CVOC’s program and services in your area, please contact one of the following offices: CVOC General Office 6838 Bridget Ct. Winton, CA 95388 (209) 357-0062 CVOC Madera Office 1930 Howard Rd. Ste 125 Madera, CA 93637 (559) 662-0100 CVOC Modesto Office 1801 H St. Ste A4 Modesto, CA 95354 (209) 577-3210 CVOC Modesto HEAP Center 1801 H St. B1 Modesto, CA 95354 (209) 338-0004 CVOC Ceres Weatherization Office 3860 Brickit Ct. Ste B Ceres, CA 95307 (209) 541-0496

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 farm workers in California and to ensure these workers are aware of the services offered by the government.

The EDD assists farmworkers who otherwise would not have access to services through the normal process within the America’s Job Center of California (AJCC) network. To provide assistance to all workers that contribute to the state’s powerful economy, the MSFW Outreach Program is specifically designed for agricultural workers classified as migrant, seasonal, migrant food-processing workers as defined by federal law.

EDD representatives conduct outreach in areas of high agricultural activity to provide recruitment services to employers and information to agricultural job seekers at no-cost, such as: n Job search assistance n CalJOBS navigation information and registration

Information about unemployment/disability insurance n Labor market information n Vocational Training and Career Opportunities n Referral to support services or organizations serving farm workers n Farmworker rights and labor law information n Assistance with filing workplace violation complaints More information contact your nearest America Job Centers of California (AJCC) www.edd.ca.gov/ Office_Locator/, or call the AJCC’s Service Locator toll-free at 1-877872-5627.

Monitor Advocate Office The MSFW Outreach Program also has an EDD Monitor Advocate Office that is responsible for: n

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n

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Monitoring the Program’s compliance with federal and state regulations relative to farmworker services.

Ensuring that migrant and seasonal farmworkers receive a full range and equitable level of employment services as those offered to non-farmworkers.

Assessing the needs of California’s agricultural workforce.

Working with other agencies to facilitate workforce development services and benefits for farmworkers.

Collaborating with federal and state regulatory and enforcement agencies to provide protection to farmworkers as provided under the law.

Facilitating the employment service and employment-related law complaint system, which helps address labor-related complaints.

For more information, contact the Monitor Advocate Office toll-free at 1-866-289-8356.

Wednesday August 28 10 am & 4pm

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EDDResources Resources EDD

Voice of the Fields California Circulation: 45,000 copies

Workforce Services AJCC Locator ..........................1-877-872-5627 CalJOBSSM .......................................................................1-800-758-0398 Monitor Advocate, Report work related complaints ...........................1-866-289-8356 e-mail: ............................................................... madvocat@edd.ca.gov 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 Ask EDD Request EDD information online: ..................... askedd.edd.ca.gov

www.LaCooperativa.org

www.edd.ca.gov

Published monthly by: La Cooperativa Campesina de California 1107 9th Street, Suite 420, Sacramento, CA 95814 This product was funded by the U.S. Department of Labor’s Employment and Training Administration. 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 ser-

H-2A Continued from page 3 CalJOBS Job Start Date Number Openings

End Date

Last Day to Apply

County

Commodity

Activity

AJCC

Phone

16590533

95

07/01/19

10/31/19

08/31/19

Fresno

Tomato

Harvest

Mendota AJCC

(559) 655-3711

16592864

160

07/01/19

10/01/19

08/16/19

Merced, San Joaquin, Stanislaus, Contra Costa

Garlic

Harvesting

Stockton AJCC

(209) 468-3500

16603090

100

07/08/19

12/31/19

10/04/19

Monterey, Santa Clara, San Benito

Peppers and brussels sprouts

Harvest, pack, sort, carton making, irrigating, machine operating

Salinas

(831) 796-3600

16599711

150

07/07/19

10/31/19

09/03/19

Santa Cruz

Strawberry

Harvest

Watsonville AJCC

(831) 763-8933

16614586

56

07/07/19

11/15/19

09/10/19

Monterey

Strawberry Conventional and Organic

Manual Harvest, Machine Harvest, Quality Control

Salinas AJCC

(831) 796-3600

16616145

80

07/15/19

10/01/19

08/23/19

Monterey, Santa Clara, San Benito

Garlic

Harvesting, Forklift Drivers, Tractor Drivers, Pipe Irrigators, CalVan Drivers

Salinas AJCC

(831) 796-3600

16610796

80

07/15/19

11/30/19

09/22/19

Monterey, Santa Clara, San Benito

Garlic, Bell pepper, Corn

Hand Harvesting

Holister AJCC

(831) 638-3311

16631756

85

07/25/19

10/15/19

09/04/19

Sutter, Yuba, Yolo

Melon

Harvesting, CalVan Drivers, Tractor Drivers

Marysville AJCC

(530) 749-4882

16636848

111

08/01/19

12/15/19

10/08/19

San Diego

Tomatoes and brussel sprouts

Planting, shed support workers, foreman Oceanside assistant, tractor driver, shed maintenance, AJCC mechanic assistant

(760) 631-6150

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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