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
March 2017
FREE
Volume 27, Number 3
FARM WORKERS:
Know Your Rights in the Workplace
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very worker in California deserves to be treated fairly and with respect. Farm workers are no exception. The U.S. Department of Labor, Wage and Hour Division; the California State Department of Industrial Relations, Division of Labor Safety Enforcement (DLSE); and the California Division of Occupational Safety and Health (Cal-OSHA) are departments that promote and enforce federal and state regulations to protect the rights of all employees in the workplace. These regulations include important Wages, Safety, and Health protections for farm workers. n Double-time the regular wage, for all Wages Farm workers must be paid the wages promised, but never less than the minimum wage. In California, the minimum wage is $10.00 an hour. If you are paid by the piece or unit (sometimes called “by contract”) or paid by the day or week, your wages still must equal at least the minimum wage per hour, for all the hours you worked. Overtime Law in California It does not matter where the farm workers come from or their legal status, if they are hired, then they are protected under California law. According to the Industrial Welfare Commission, overtime wages for Farm workers are equal to: n 1-1/2 times the regular wage for all worked hours over 10 in one day, or over, 60 in one week, and for the first eight hours of work on the seventh day of work in a workweek.
hours over 8 on the seventh day of work in a workweek.
Federal law provides that farm workers must be provided a written statement of earnings and all deductions from pay. Farm workers must also be provided written information about their wages and working conditions in a language they can understand.
Keep track of your wages and work schedule It is important to keep a personal log of your wages and work schedule. This information will help you protect your rights in case of wage concerns or disputes. To create a personal log (for each job that you get hired), write down the following information: • Date when you started work • Name, address and contact information of your employer
Overtime Wage Examples Pay per Day If a farmworker is getting a wage of $10 per hour, and works 12 hours in one day, the following wages must be paid: $10 per hour for the 1st 10 hours = $100 $15 per hour for the next 2 hours = $30 Total for 12-hour day = $130 Pay per Week If a farm worker is getting a wage of $10 per hour, and works Monday to Friday 10 hours each day, Saturday 10 hours, and Sunday 10 hours, the following wages must be paid: $10 per hour for the first 60 hours Monday to Saturday= $600 $15 per hour for the next 8 hours on Sunday = $120 $20 per hour for the last 2 hours on Sunday = $40 Total for a seven day workweek = $760
• Full name and contact information of
your supervisor • How are you getting paid (by hour or by piece or contract rate) • The rate of pay • Log the total hours you worked each day Each time you get paid, compare the information in your personal log with the information shown on your pay stubs. Talk to your employer if there are any Continued on next page
Worplace Rights Continued from page 1
discrepancies. File a complaint as soon as possible, if you talk to your employer and have any unanswered wage concerns. Look at the Wage Claims section on this publication for more information on how to file a wage complaint.
Safety and Health Any housing or transportation provided by the employer must be safe. This is a federal and state requirement. In California, labor camps used for housing must provide shelter (meaning protection from outside elements with strong walls and a ceiling), a clean water supply for drinking, working toilet facilities, lighting, trash disposal, an operating kitchen (refrigerator, cooking appliances, sink), dining hall and feeding facilities, insect and rodent control and first aid. Federal and state laws also require that farm workers must be provided safe drinking water, toilets, and handwashing facilities at the job–and at no cost. In California, when there are workers in the fields, agricultural employers are required to provide their employees with clean and safe drinking water (this means that the water meets the U.S. Environmental Protection Agency’s National Primary Drinking Water Regulations). A water source must be provided and placed in locations readily accessible to all employees. The drinking water provided should be cool, and there should be sufficient amounts to meet the needs of all employees. Additionally, the water should be given out in single-use drinking cups or by drinking fountains. The use of shared drinking cups or “scoops” is prohibited. Employees in California have the right
to well-maintained toilet facilities and hand washing facilities: The employer provided toilets may be fixed to the ground or portable. There should be one toilet and hand washing facility provided for each twenty employees. The toilet facilities provided to workers should be private with doors that close and lock from the inside, and these toilet and hand washing facilities need to be easy to get to and very close to each other. The hand washing facilities provided to employees should have an adequate supply of water, soap and single-use towels. Farm workers must be provided a safe workplace. Under California law, employees have the right to breaks. Farm work is often completed in the sun, which can make it extremely hot. In order to keep workers safe from heat exhaustion and other heat related illnesses, Cal-OSHA enforces rules about breaks that agricultural employers must follow. As the temperature gets hotter outside, employees have the right to a 15-minute resting break in the shade each hour to keep their bodies cool and safe from heat illnesses. It is important to make sure that employers are providing SHADE for their employees’ breaks. Employees also have the right to training about the importance of practicing good hygiene: Employers must provide their workers with information on the importance of good hygiene practices to minimize diseases and pesticide exposure. These include information about hand washing and removing pesticide-contaminated clothing. If your employer does not do these things, or you have questions, you can file claims with the State of California under the California DLSE for wage claims; or
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Cal-OSHA for safety and health claims. Or you can contact the U.S. Department of Labor, Wage and Hour Division.
Health and Safety Claims For health and safety claims, (for example if your employer does not provide water, rest or shade as REQUIRED by law), workers have the right to make a complaint to Cal-OSHA. Cal-OSHA will investigate if a complaint is made about any workers being in danger of illness or death. It is illegal for your employer to fire or punish you for reporting or making a complaint about unsafe working conditions. And Cal-OSHA will not ask any worker about their immigration status. Workers can contact Cal-OSHA directly to file a complaint, or a community organization can assist in filing the complaint. Community organizations that can assist include worker centers, churches and other local groups. If a worker needs to file a more general complaint about any safety or health related employer violation, they can call or visit a local OSHA office. The address and phone number for each office can be found by calling 1-800-321-OSHA(6742) and follow the prompt for “make a complaint” (enter your zip code when asked to find the closest OSHA office). Employees can call this number for any safety or health complaints, including complaints about not enough breaks, shade or water or lack of or poor toilet facilities. After filing a complaint with OSHA, inspectors will come to a worksite if they believe an employer is violating worker health and safety standards or workers are in danger of heat illness or death. They will ask the workers and employers questions to find out more about the problems.
Employees have the right to talk with an inspector in private. If an employee would like a private meeting, they should get the inspectors phone number and talk when not at work. When speaking with an OSHA inspector, employees need to make sure to tell the inspector about any problems and any changes that are needed to protect workers’ health and safety.
Wage Claims California has different penalties for wage claims. Unlike federal law, in California there are penalties for underpayment of wages, paying wages with insufficient funds, failure to provide meal or rest breaks, failure to provide one day’s rest for every seven days worked, and failure to pay wages timely upon termination. Additionally, under California law, there are penalties for unlawful deductions from wages. You can file a wage claim with the nearest office of the California Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE). This can be done by filling out an Initial Report or Claim Form available at www.dir.ca.gov/ dlse/DLSE-Forms-Wage.htm. That website has a link to instructions for filing a wage claim in English and Spanish. Your filing should include as much information and documentation as possible, including the name, location, method of doing business of the employer, and any documents to support the claim. This process can be completed with or without an attorney. REMEMBER: If you have a wage/ hour claim, do not delay in contacting the DLSE to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with the DLSE within three years from the date that
Division of Labor Standards Enforcement (DLSE) local offices BAKERSFIELD • (661) 587-3060 7718 Meany Ave., Bakersfield, CA 93308 EL CENTRO • (760) 353-0607 1550 W. Main St., El Centro, CA 92243 FRESNO • (559) 244-5340 770 E. Shaw Ave., Suite 222, Fresno, CA 93710 LONG BEACH • (562) 590-5048 300 Oceangate, Ste 302, Long Beach, CA 90802 LOS ANGELES • (213) 620-6330 320 W. Fourth St., Ste. 450 Los Angeles, CA 9001 OAKLAND • (510) 622-3273 1515 Clay Street, Suite 801Oakland, CA 94612 REDDING • (530) 225-2655 2115 Civic Center Dr., Rm. 17 Redding, CA 96001 SACRAMENTO • (916) 263-1811 2031 Howe Avenue,Ste. 100, Sacramento, CA 95825 SALINAS • (831) 443-3041 1870 N. Main St., Ste. 150, Salinas, CA 93906 SAN BERNARDINO • (909) 383-4334 464 W. Fourth St., Rm. 348, San Bernardino, CA 92401 SAN DIEGO • (619) 220-5451 7575 Metropolitan Dr., Rm. 210, San Diego, CA 92108 SAN FRANCISCO • (415) 703-5300 455 Golden Gate Ave., 10th Floor, San Francisco, CA 94102 SAN FRANCISCO HEADQUARTERS • (415) 703-4810 455 Golden Gate Ave., 9th Floor San Francisco, CA 94102 SAN JOSE • (408) 277-1266 100 Paseo de San Antonio, Room 120 San Jose, CA 95113 SANTA ANA • (714) 558-4910 28 Civic Center Plaza, Rm. 625, Santa Ana, CA 92701 SANTA BARBARA • (805) 568-1222 411 E. Canon Perdido, Rm. 3, Santa Barbara, CA 93101 SANTA ROSA • (707) 576-2362 50 “D” St., Ste. 360, Santa Rosa, CA 95404 STOCKTON • (209) 948-7771 31 E. Channel St., Rm. 317, Stockton, CA 95202 VAN NUYS • (818) 901-5315 6150 Van Nuys Blvd., Rm. 206, Van Nuys, CA 91401
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the claim arose. Some penalties, however, are subject to a one year deadline. As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You do not need an attorney to file a claim, but you may consult with one if you wish.
Federal Claims Another option is contacting the U.S. Department of Labor Wage and Hour Division at 1-866-487-9243 for federal claims. This toll-free help line is available from 8am to 5pm. Spanish and English options are available. Once an operator is reached, they will be able to put an employee in contact with an office who will respond to the complaint. The law says you cannot be fired or retaliated against for contacting the government or exercising your rights. U.S. Department of Labor services are free and confidential. They are required to help all workers in the United States, regardless of immigration status. The U.S. Department of Labor Wage and Hour Division can help answer questions, in person or by telephone, about your workplace rights and protections. They can also investigate employers and recover wages to which you may be entitled by law. Finally, they can help you find assistance with your other workplace problems. Sources: U.S. Dept of Labor, Wage and Hour Division, “Workers Rights; Farm Workers” www.dol.gov/WHD/workers.htm#workersrights California Department of Industrial Relations, Division of Labor Standards Enforcement “DLSE Forms – Wage”; www.dir.ca.gov/dlse/DLSE-Forms-Wage.htm Workplace Fairness, “Filing a Wage and Hour Claim in California,” www.workplacefairness.org/wage-hour-claim-CA
FARM WORKERS:
Know Your Rights During Immigration Raids
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ndocumented and documented Migrant Seasonal Farm Workers (MSFW) face many social, political, and labor challenges in their daily lives. Current immigration news and events are causing many MSFWs to have deep concerns about their rights and protections. It is very important for you to know that, even if you are not a citizen of the United States, you have rights. You are protected.
You have rights. All people in the U.S., whether citizen or non-citizen, have certain rights under the U.S. Constitution and other laws. n You have the right to refuse consent for immigration or the police to search yourself, your car or your home. n You have the right to remain silent. If you want to exercise that right, you should say it out loud. n If you are not a U.S. citizen, you have the right to call the consulate of your home country. Immigration and police must let your consulate visit or speak with you. n You have the right to speak to an attorney before answering any questions. You may say, “I will remain
silent until I speak to an attorney.” n You do not have to sign anything that you do not understand. n You have the right to a copy of all your immigration papers. Being well informed will help if you have been arrested or detained by the U.S. government during an immigration raid. Here is what you need to know to protect your immigration status if this happens to you or someone you know.
Be prepared!
First and foremost, you should be prepared in case of an immigration raid. If you have valid immigration status documents, always carry them with you and show them to the immigration official or police officer if necessary. If you are undocumented, you should cut out the Exercise My Rights Card (at left) and always carry it with you. You EXERCISE MY RIGHTS CARD should have the name and phone number I am giving you this card because I do not wish of a reliable immigrato speak with you or have any further contact tion attorney and with you. I choose to exercise my right under keep it with you at all the Fifth Amendment of the U.S. Constitution to remain silent and refuse to answer your questimes to be prepared. tions. I want to speak to a lawyer before answerIf you have an “alien ing any questions. I want to contact this attorregistration numney or organization: _____________________ Telephone number: ________________________
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ber” (a unique 7, 8 or 9 digit number assigned to a noncitizen at the time he or she files that begins with an “A,” followed by a unique set of numbers), you should keep that on you at all times as well. Keep a copy of all this information at home so that your family members know where to find it. Don’t be fooled by “notarios” or scammers. Find a reputable immigration attorney or legal services provider in your area by visiting http://iamerica. org/find-legal-help and entering your ZIP code at the top of the webpage.
What to do...
…if you are questioned by police? If a police officer or immigration official questions you about your status, you have the right to remain silent. You do not have to show them any identity documents or even tell them your name. (NOTE: In some states you might have to tell your name to a police officer who stops you, but this is not the law in California.) You have the right to ask the officer if you are being arrested or detained. If the officer says “NO, you are not being arrested or detained,” you should ask him or her if you can leave. If the officer says you can leave, you should do so – slowly and calmly. But what if the officer says “YES, you are being arrested or detained?” …if you are arrested or detained? Even if you are arrested or detained, you do not have to answer any questions asked by an immigration official or police officer. If this happens to you, you should ask to speak to your lawyer and show the officer your Exercise My Rights Card. An immigration officer cannot force you to answer any questions. Even if you are arrested and taken into custody, you
have a right to be silent and to ask for a lawyer. Do not tell the officer where you were born, your nationality, or what your immigration status is. Do not sign any papers. Do not show the agent any papers or identification documents from your country of origin. Most importantly, do NOT lie or show any false documents! This will only get you into trouble. If you have valid immigration documents, you may show them to the officer but you do not have to if you do not feel comfortable doing so. Remember, you do not have to answer any questions, and you can always ask your lawyer for help. …if police or immigration officials come to your home? If this happens, do not immediately open the door. Opening the door can be considered giving the officer “consent” to enter. Ask the officer if they have a warrant. A warrant is a paper signed by a judge giving the officer permission to enter your home. The warrant will specify what areas of your home they are allowed to search. If the officer has a warrant, ask them to slip it under the door. Only then should you let them in. Make sure you observe whether the official searches any areas that were not listed in the warrant. If they take any property, make sure you get
a receipt. Keep track of what the officer did. Being aware of what they are doing will help you stay prepared. If the officer does not have a warrant, tell them you do not give them permission to enter your home without a warrant. …if police or immigration officials stop you on the street? If the police or an immigration official stops you on the street and does not have a warrant, they cannot arrest you without evidence that you are a non-citizen. Remember that you have the right to remain silent and to refuse a search. Do not say anything about your immigration status or where you were born. If you have valid immigration documents, show them. Above all, do not lie and do not show any false documents. Ask the officer, “Am I free to leave?” If the officer says yes, walk away (don’t run). If the officer says no, continue to answer each question by stating that you want to talk to a lawyer. …if police or immigration officials come to your workplace? Immigration must have a warrant signed by a judge, or your employer’s permission, to enter your workplace. If you work in a public place, immigration does not need a warrant. If police or immigration officials come to your work-
Get Your EITC Cash Back Refund This Tax Season and Get It For FREE!
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he Earned Income Tax Credit (EITC) makes hundreds of millions of dollars available to working Californians. That is money that you have earned and you can claim this tax season. This tax season, the CalEITC will benefit 600,000 families like yours. If you made $54,000 or less in 2016, you could be eligible for up to a $6,000 refund. If you are eligible for the CalEITC, you can file your taxes for FREE at a tax preparation site in your neighborhood. Visit www.CalEITC4me.org or text MONEY to (760) 970-8396 to find out if you are eligible and how much money you can get back! (Message and data rates may apply for text messages.) The website will also help you find a FREE tax preparation location near you. Think about what your family could do with your EITC cash back refund!
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place, stay calm and do not run. If you are questioned or detained, follow the instructions above or take a look at this “Know Your Rights” fact sheet provided by iAmerica.org.
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.
Cesar Chávez’ 90th Birthday
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arch 31st, 2017 will mark the 90th birthday of the late great Cesar Chavez. The day is a federal commemorative holiday and an official state holiday in California, celebrating the birth and legacy of the civil rights and labor movement leader. Cesar Chavez co-founded the National Farm Workers Association, which later became the United Farm Workers (UFW) union, in 1962 along with Dolores Huerta. Cesar Chavez is near and dear to the hearts of many farm workers today because of the struggle he led to fight for their rights from the 1960’s until his passing in 1993. His non-violent approach to union organizing made his struggle for Farm workers ’ rights a national moral cause by the 1970’s. During that period, the UFW bargained for more than 50,000 workers in California and Florida. Cesar Chavez dropped out of school in the seventh grade and began working in the fields full-time in 1942 to help his family. (He also did not want his mother to work in the fields, so he took her place.) In 1946, he joined the U.S. Navy before returning to the fields two years
later. In 1952, he became an organizer for the Community Services Organization, a grassroots organizing effort that was created to empower Mexican-Americans through voter registration drives, citizenship classes, lawsuits and legislative campaigns. After establishing the National Farm Workers Association, Chavez supported the 5-year Delano Grape Strike initiated by Filipino workers in the Agricultural Workers Organizing Committee (AWOC) that eventually led to the first collective bargaining agreement for farm workers. At the beginning of the strike, Chavez and Larry Itliong of the AWOC, and others led a 300-mile march from Delano to the State Capitol in Sacramento to draw attention to the plight of farm workers and demand union representation. Both unions would merge later that
year to form the United Farm Workers. Throughout the 1970’s, protests and strikes organized by Chavez, and spiritual fasts that he undertook, led to higher wages and increased rights for Farm workers in California and throughout the country. Another march on Sacramento in 1975 led to Governor Jerry Brown signing the California Agricultural Labor Relations Act into law. This law established collective bargaining for farm workers and set up the Agricultural Labor Relations Board to “ensure peace in the fields of California by guaranteeing justice for all agricultural workers and stability in agricultural labor relations.” Chavez died in 1993 and is buried at the National Chavez Center at the UFW headquarters in Kern County. He was awarded the Presidential Medal of Freedom after his death and was also inducted in the California Hall of Fame. His legacy lives on. In 2014, a motion picture, “Cesar Chavez”, was made about his life and his birthday continues to be celebrated with service and educational programs that highlight his lasting legacy to farm workers and civil rights.
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)
15217143
Farmworker Harvest Vegetable and Berry
$12.57 Hr.
4/1/201711/19/2017
596
Various sites - Monterey, Santa Clara, Santa Cruz and San Benito counties
Monterey
Salinas AJCC (800) 870-4750
15215392
Farmworker Harvest Lettuce
$12.57 Hr.
4/1/201711/24/2017
273
Various sites - Monterey, Santa Clara, Santa Cruz and San Benito counties
Monterey
Salinas AJCC(800) 870-4750
15205172
Farmworker Harvest Onions
$12.57 Hr.
4/10/2017 6/1/17
200
Holtville
Farmworker Harvest$12.57 Hr. Wine Grape and Apples
4/18/2017 1/20/2018
85
Various sites in Sonoma County
15195752
Lyon County, Calexico One-Stop Career Nevada Center (760) 768-7171 Sonoma
Sonoma Job Link (707) 565-5550
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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