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 2020
FREE
Your Voice. Your Rights.
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S A FARMWORKER IN CALIFORNIA, you have the right to advocate for change in the workplace. Regardless of immigration status, the law protects your right to assemble and request better working conditions without the threat of retaliation from your employer. Employees are legally allowed to assemble and ask for improvements to work-related policies, employee treatment, and workplace conditions. If your employer responds to these efforts with threats or punishment, it is against the law. The Agricultural Labor Relations Board (ALRB) is a legal safety net for farmworkers met with punishment, job loss, or another form of retaliation by employers as a result of workplace advocacy. Services are free and available in your language. Immigration status
does not matter. You are not required to provide your identity.
ALRB in Action: Santa Maria farmworkers find workplace justice after being fired
Oscar* went to work one day along-
The DACA Decision
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N JUNE 18, 2020, the Supreme Court upheld the decision to keep the Deferred Action for Childhood Arrivals program (DACA) in place. The program offers two-year permits to immigrants brought to the U.S. as children, allowing individuals to work in the country and also defers deportion. In California, DACA status comes with additional benefits like in-state college tuition. For more information on applying for DACA or renewing DACA status, visit the U.S. Citizenship and Immigration Services website.
English: www.uscis.gov/archive/consideration-deferred-action-childhoodarrivals-daca Spanish: www.uscis.gov/es/archivo/consideracion-de-accion-diferida-paralos-llegados-en-la-infancia-daca
Volume 30, Number 7 side his fellow farmworkers to harvest broccoli in Santa Maria. When they began working, weather conditions became stormy and dangerous: heavy rain soaked the workers clothing and strong winds made working conditions extremely cold and unmanageable. During the first break of the day, Oscar and the other employees huddled next to their vehicles, unable to seek shelter inside because their clothing was so muddy and wet. Workers were also unable to eat any food because of the harsh conditions. Although some workers had protective clothing, the employer did not provide appropriate rain gear for everyone else suffering in the wet and cold conditions. By lunch, Oscar and a group of workers assembled to tell the supervisor they were unable to continue working given the heavy rain and winds. The supervisor told workers that if they left, they shouldn’t return to work the following day, threatening their job security. When workers did return on the next workday, the employer said they were fired for leaving without permission. Farmworkers were able to file an unfair labor practice charge with the ALRB after being fired and suffering retaliation by their employer. In this case, workers were legally protected because they worked together to resolve unsafe working conditions. The employer’s retaliatory response was illegal. With the help of the ALRB, Oscar and the other fired workers were able to Continued on page 6
What You Need to Know about COVID-19
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N THE MIDST OF A PANDEMIC, and the nationwide rush on grocery stores, farmworkers are to thank for keeping the country’s food supply afloat. Yet, the typical working conditions of farmworkers make them more susceptible to contracting and spreading COVID-19 than individuals who do not work in close groups. Even though agricultural labor mostly takes place outdoors, workers are often quite close to each other, increasing the likelihood of spreading coronavirus if someone is infected. Beginning on June 18,
2020, Californians are required to wear face coverings or masks in indoor and outdoor public spaces, in addition to practicing social distancing and frequent hand washing, in compliance with the California Department of Public Health. As California begins to reopen, emyou from doing what’s right for your ployers of all businesses are still required health, and the health of your fellow to take precautions so that employees workers and family members. Rememare not subject to dangerous working ber to follow Center for Disease Control conditions or increased likelihood of guidelines about COVID-19 to protect contracting coronavirus. Some reports yourself against becoming infected. have surfaced about agricultural employInformation and Resources ers telling farmworkers they are not alCalifornia’s COVID-19 website, lowed to get tested for COVID-19. Your covid19.ca.gov, has a comprehensive employer does not have the right to keep COVID-19 information guide for immigrant Californians. The guide includes information about: the stay at are all around you. home order, ways to protect yourself and others, immigration help, public charge information for accessing public benefits, testing and treatment, information on jobs, wages, and benefits, small business support, housing, food and bills, community safety, and protection against scams and information. The guide is available in English and Spanish. English: covid19.ca.gov/img/wp/ listos_covid_19_immigrant_guidance_en_daf.pdf Stay healthy. Spanish: covid19.ca.gov/img/wp/ Wash your hands. listos_covid_19_immigrant_guidCS294906-F
www.cdc.gov/handwashing
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STOP THE SPREAD OF GERMS Help prevent the spread of respiratory diseases like COVID-19. Avoid close contact with people who are sick.
Cover your cough or sneeze with a tissue, then throw the tissue in the trash.
Clean and disinfect frequently touched objects and surfaces.
Avoid touching your eyes, nose, and mouth.
Stay home when you are sick, except to get medical care.
Wash your hands often with soap and water for at least 20 seconds.
cdc.gov/COVID19 314915-A March 16, 2020 1:02 PM
ance_es_daf.pdf For more immigration-related information and resources, visit the California Immigrant Guide website. There, you will find answers to all of your questions about COVID-19, public charge, DACA updates, disaster relief, adult education programs, jobs, benefits, Census 2020 information, and so much more. The site is available in English and Spanish. English: immigrantguide.ca.gov/en Spanish: immigrantguide.ca.gov/es To learn more about the coronavirus, how it spreads, and how to protect yourself, please visit the Center for Disease Control and California Department of Public Health websites for regular updates and additional information. CDC English webpage: www.cdc.gov/ coronavirus/2019-ncov/faq.html CDC Spanish webpage: www.cdc.gov/ coronavirus/2019-ncov/faq-sp.html CDPH English webpage: www.cdph. ca.gov/Programs/CID/DCDC/Pages/Immunization/ncov2019.aspx CDPH Spanish webpage: www.cdph.
ca.gov/Programs/CID/DCDC/Pages/Immunization/ncov2019.aspx More information about COVID-19 in English and Spanish: aghealth.ucdavis.edu/covid19#resources To find out what California workers need to know, visit the Employment Development Department (EDD) and Labor & Workforce Development Agency’s (LWDA) websites. EDD English webpage: www.edd. ca.gov/about_edd/coronavirus-2019.htm EDD Spanish webpage: www.edd. ca.gov/about_edd/coronavirus2019-espanol.htm LWDA English webpage: www.labor. ca.gov/coronavirus2019/(View LWDA information in Spanish using the link at the top of the page) For information about coronavirus in California, visit covid19.ca.gov (Use the “Translate” button in the upper right-hand corner to translate into Spanish) For local information, you should also visit your county’s website to learn about new developments in your community. Find your county’s website by going to www.counties.org/county-websites-profile-information.
Services Available to You and Your Family If you have been affected by layoffs or are unable to work as a result of COVID-19, the Employment Development Department (EDD) offers resources and benefit programs like unemployment insurance, paid family leave, and disability insurance. These services may be available to you for any of the following reasons. If you are: Missing work because your child’s
school is closed and you have no childcare options, you can file an Unemployment Insurance (UI) Claim. The easiest way to file a UI claim is through UI online. English: edd.ca.gov/Unemployment/UI_Online.htm
Spanish: edd.ca.gov/Unemployment/UI_Online_Espanol.htm For instructions and information on how to apply, visit the following webpage: English: edd.ca.gov/Unemployment/ Filing_a_Claim.htm Continued on page 4
TAKING CARE OF TAXES
New Deadline to File and Pay Taxes
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HE INTERNAL REVENUE SERVICE (IRS) designated July 15, 2020 as the final date to file and electronically pay your 2019 federal income taxes. For more information about the process of filing your taxes, visit www.irs.gov. To view the IRS website in Spanish, simply click the drop-down arrow next to “English” in the upper-right-hand corner and select “Español”.
If you received a COVID-19 economic impact payment for a deceased individual, the IRS recommends returning that payment back to the IRS. Go online to learn more about returning a paper check or direct deposit. English: www.irs.gov/newsroom/returning-an-economic-impact-payment Spanish: www.irs.gov/es/newsroom/returning-an-economic-impact-payment
All About Your Tax Refund
To prepare for next year, taxpayers should adjust their tax withholding with their employer now. Use the Tax Withholding Estimator on the IRS website to determine if your employer is withholding the correct amount. Check the status of your refund by going to Where’s My Refund? on the IRS website. You can also download the IRS2Go mobile app and check your refund status that way. If you would rather call, taxpayers can dial 1-800-829-1954. If your refund is smaller than expected, there are a few possible reasons why that may have happened: Math errors or mistakes on tax forms. The taxpayer owes federal taxes for a previous year. The taxpayer has outstanding state taxes, child support, student loans or other delinquent federal non-tax obligation. A portion of the refund is being withheld while the IRS reviews a claim on the tax return.
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COVID-19
Continued from page 3
Spanish: edd.ca.gov/Unemployment/ Filing_a_Claim_Espanol.htm Unable to work as many hours because your employer shut down business or reduced your hours, you can file an Unemployment Insurance claim. The easiest way to file a UI claim is through UI online. English: edd.ca.gov/Unemployment/UI_Online.htm Spanish: edd.ca.gov/Unemployment/UI_Online_Espanol.htm For instructions and information on how to apply, visit the following webpage:
Census 2020
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CCORDING TO A RECENT report completed by the Public Policy Institute of California (PPIC), California’s response rate to the Census is still low by comparison to the last Census. Responses are trickling it at an average of only .04% per day, indicating that the state will not reach 2010 numbers by August 11th, when the U.S. Census Bureau begins in-person follow ups. Response rates are also very low in places with large populations of Latinos, noncitizens, and renters. In southwest regions of California, like Fresno and Tulare, most of the population is estimated to be Latino, yet their responses are in the teens. These numbers suggest that farmworkers may be underrepresented in their communities when it comes time for the federal government to calculate funding and Congressional seats based on responses. Responding to the Census ensures that resources for public services
English: edd.ca.gov/Unemployment/ Filing_a_Claim.htm Spanish: edd.ca.gov/Unemployment/ Filing_a_Claim_Espanol.htm Unable to work because of exposure to COVID-19 (verified by a medical professional), you can file a Disability Insurance (DI) claim. The easiest way to file a DI claim is through State Disability Insurance (SDI) online: English: edd.ca.gov/Disability/ SDI_Online.htm Spanish: edd.ca.gov/Disability/ SDI_Online_Espanol.htm Watch a short Youtube video for infor-
are available to your community in places like schools and hospitals, and that enough Congressional seats are reserved to elect officials that will represent your voice in Congress. As a resident of California, it’s not only in your best interest to complete the Census, it’s the law. Don’t forget, there is still plenty of time to participate in the 2020 Census. Census forms were already mailed to every household with instructions on how to fill out and return the form. However, you can choose to respond online or by phone instead, even if your household has already received a form. Fill out the Census form online: my2020census.gov *To access the webpage in Spanish, simply click the language dropdown menu in the upper right-hand corner and click “Español” Respond by phone: English: (844) 330-2020
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EMPLOYEE RIGHTS
PAID SICK LEAVE AND EXPANDED FAMILY AND MEDICAL LEAVE UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT
Families First Coronavirus Response Act (FFCRA or Act)
PAID LEAVE ENTITLEMENTS Generally, employers covered under the Act must provide employees:
ELIGIBLE EMPLOYEES
QUALIFYING REASONS FOR LEAVE RELATED TO COVID-19 telework 5.
1. 2.
6.
3. 4.
ENFORCEMENT
For additional information WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR
1-866-487-9243 dol.gov/agencies/whd WH1422 REV 03/20
Spanish: (844) 468-2020 Or respond by mail You can respond online, by phone, or by mail until October 31. Remember, your responses to the Census are private and protected by law, and you will not be asked about immigration status. The Census Bureau is legally obligated to keep your identity and the information you submit confidential. The Federal Bureau of Investigation (FBI), the Central Intelligence Agency (CIA), the Department of Homeland Security (DHS), and the U.S. Immigration and Customs Enforcement (ICE) are not allowed to use your responses against you for any reason. Your responses are not used for any other purpose except creating statistics that the federal government can use to determine population counts, funding, and political representation in your state.
mation about how to apply online: English: www.youtube.com/watch?v=j 7Wn4gBSZxc&feature=youtu.be Spanish: www.youtube.com/watch?v= SVqLEyQY8fg&feature=youtu.be Caring for an ill or quarantined family member with COVID-19 (verified by a medical professional) you can file a Paid Family Leave (PFL) claim. The easiest way to file a PFL claim is through SDI online. English: edd.ca.gov/Disability/ SDI_Online.htm Spanish: edd.ca.gov/Disability/ SDI_Online_Espanol.htm For instructions and information on how to apply, visit the following webpage: English: edd.ca.gov/Disability/ How_to_File_a_PFL_Claim_in_ SDI_Online.htm Spanish: edd.ca.gov/Disability/ How_to_File_a_PFL_Claim_in_ SDI_Online_Espanol.htm Self-employed, you may have ben-
1.
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Make a plan to protect your people.
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Stay safe at home when you can’t leave.
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Help friends and neighbors get ready.
Children in Agriculture: Meals & Labor Laws
In response to COVID-19, free or reduced-cost food services are still available across California where families can go to get meals for their children. Most school districts, as well as other organizations, are offering meals for children to make up for meals that are no longer available during regular school days. Find the nearest meal distribution site in your community using the free app “CA Meals for Kids,” created by the California Department
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CalAlerts.org
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of Education. You can pick-up meals for your children free of charge, no questions asked. Apple Store: apps.apple.com/us/app/cameals-for-kids/id1327449394 Google Play: play.google.com/store/ apps/details?id=gov.ca.cde.NSDMobileApp Microsoft Store: www.microsoft.com/enus/p/ca-meals-for-kids/9p7t6j276zz 9?activetab=pivot:overviewtab
Considering that children across California are required to stay home from school, it’s important to know their employment restrictions while working in agriculture. Children under the age of 16 have many employment restrictions, especially in sectors defined as hazardous by the Secretary of Labor. For up to date information on youth employment provisions in the agriculture industry, visit youthrules.gov or the U.S. Department of Labor’s website at: www.dol. gov/agencies/whd/fact-sheets/40child-labor-farms SAFETY TIPS: WILDFIRE BEFORE
Carry Identification: Families may be apart when disaster strikes. People and pets get separated.
Everyone you care for should carry identification. Put written identification in children’s school bags. Consider a medical alert tag or bracelet. Get pets updated tags and microchips. Photos of families and pets can help you reunite.
Red Flag warning means prepare NOW.
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Check that water hose is working.
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Get bandana or mask to protect lungs.
Clean gutters. Remove brush near home.
DURING
Have Extra Medications and Power Supply: Many people can’t go three days without medications. Some need electricity to power equipment and devices.
Carry extra medicine when you leave home. Photo (or carry) list of doctors and prescriptions. Ask pharmacy to renew 30-day prescription at 28 days. Save extra doses in your Go Bag. Plan to keep medicine cold and charge equipment/devices.
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Plan for no electricity. Don’t use candles.
Build a Support Network: Have a backup plan in case of emergency. Think about who you can rely on.
Talk with your neighbors about their needs, and yours. Discuss disaster plans with caregivers. Ask schools about plans to reunite parents and children. Plan ahead for skilled helpers to assist with evacuations. Share keys with trusted friends to rescue your pets.
Get to safety with things you need.
4.
COVID-19 FAQs English: edd.ca.gov/about_edd/coronavirus-2019/faqs.htm Spanish :edd.ca.gov/about_edd/coronavirus-2019/faqs-espanol.htm
BASIC TIPS FOR ANY DISASTER
SAFETY STEPS FOR ANY DISASTER Get alerts to know what to do.
efits available through the EDD’s benefit program. Visit the following links to determine your benefits: Self-employment benefits/English edd.ca.gov/disability/Self-Employed.htm
Don’t “wait and see”. Leave when told!
Leave smoky areas quickly.
Close all doors and windows. Turn off Air Conditioner.
Reduce Stress: Lessen physical and mental stress by planning ahead.
Dial 211 to find shelters for specific needs. Label equipment before evacuation. Ask utility to warn of power shutoffs. Pack specialty medical and communication supplies. Plan to comfort those with Alzheimer’s or mental illness.
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Open or remove curtains, shades or blinds.
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Prepare pets for evacuation.
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ALRB
Continued from page 1
get their jobs back and regain payment for the work hours missed after being wrongfully fired.
*Names of farmworkers were changed from the article to protect individuals’ privacy
Contact Information and Additional Resources
If you need services, call the ALRB at 1-800-449-3699. For more information, visit the ALRB website at www.alrb.ca.gov or on Facebook: California Agricultural Labor Relations Board
ALRB Office Locations
Visalia (559) 627-0995 1642 West Walnut Avenue Visalia, CA 93277-5348 Salinas (831) 769-8031 342 Pajaro Street Salinas, CA 93901-3423 Oxnard (805) 973-5002 1901 N. Rice Avenue, Suite 300 Oxnard, CA 93030-7912 Indio (760) 342-9633 81713 Highway 111, Suite A Indio, CA 92201 Santa Rosa (707) 527-3256 606 Healdsburg Avenue Santa Rosa, CA 95401
Wednesday July 22 August 19 10am
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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 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.
EDDResources Resources EDD
www.edd.ca.gov
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