Voice of the Fields - June 2012

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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

June 26, 2012

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Volume 22, Number 5

The Reemployment and Eligibility Assessment 2012

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resident Obama recently signed legislation authorizing the continuation of federal unemployment benefits through the end of 2012. This legislation imposes new requirements to receive extended benefits. If you are starting at Tier 1 or Tier 2 of an extension, it means you must report in-person to your scheduled appointment at a designated One-Stop Career Center for Reemployment and Eligibility Assessment Services (RES/REA).

In order to benefit from the Reemployment and Eligibility Assessment of 2012 (REA 2012) an individual must actively participate in reemployment activities. These activities include skill assessments, orientation of services provided at their local One-Stop Career Center, and more to help prepare individuals find employment.

If you receive Federal Unemployment Extension Benefits, and you started or transitioned to Tier 1 or Tier 2 of federal unemployment extension benefits on or after March 23, 2012, you will receive an appointment notice in the mail with the location, date, and time of your scheduled appointment at a

contact at least three employers and keep a record of your work search contacts. For the two weeks prior to your REA appointment, you must complete a work search log attached to your Reemployment and Eligibility Assessment Questionnaire. Your work search log must contain the following information: • Date applied • Company name • Company address (internet address is acceptable) • Person contacted • Type of work applied • Results of the contact

specific One-Stop Career Center. Failure to appear and complete the activities required of you may affect your eligibility to receive extension benefits. This may result in a delay in benefits or possible disqualification.

Work Search Requirements Your work search must start before your scheduled in-person appointment.

To continue receiving benefits, you must complete the following: ■

CalJOBS: All individuals receiving federal unemployment extension benefits must register for work with the state employment service. In California, that means you must register with CalJOBs and post your resume on the site. Register in CalJOBS at www.caljobs.ca.gov/ and follow the steps.

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Complete the Reemployment and Eligibility Questionnaire found on EDD’s website at www.edd.ca.gov/ About_EDD/REA_2012_EUC.htm.

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Search for work/Record of Work Search: To receive unemployment insurance benefits, you must actively search for work each week. You must

Your Mandatory In-Person REA 2012 Appointment ■

Information regarding the REA appointment can be found at www.edd.ca.gov/About_EDD/ REA_2012_EUC.htm. Due to limited computer access at your REA appointment, it would be helpful and a time saver if you complete the following online activities prior to your appointment: Continued on next page

The Reemployment and Eligibility Assessment 2012 Continued from previous page ■

REA 2012 Orientation: You must print the certificate of completion immediately after the online orientation review is finished and bring it with you to your scheduled appointment. The link to the orientation is: http://134.187.115.246/ About_EDD/REA_2012_EUC_ Orientation.htm

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Skills Assessment: You may take an assessment of your skills and complete career center exploration at www.myskillsmyfuture. org/ or www.mynextmove.org/.

For more information about the Reemployment and Eligibility Assessment 2012, visit www.edd. ca.gov/About_EDD/REA_2012_ EUC.htm.

AB 1670: Protecting Your Estate

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will contains your last wishes and the directions for the distribution of your assets after your death. It is created to make sure you get to name someone who you trust to act on your behalf as the representative of your estate. This person can be anyone the will writer chooses, even a non-U.S. citizen. If a person dies without a valid will however, and the heir is a nonresident of the U.S., current law is that the heir does not have the authority to act on behalf of the deceased, nor do they have the power to nominate a person who is a U.S. resident to act as the administrator of his or her estate.

In the court case Estate of Damskog (1991), non U.S. resident heirs of an estate who resided in Norway nominated an administrator. The court, however, rejected the nomination and instead appointed a public administrator concluding that because the decedent’s heirs were nonresidents, they were “incompetent” to nominate an administrator.

Current law prevents a nonresident heir of an estate from being able to nominate the administrator of his or her estate. As a result, nonresident heirs have no say in who acts as the administrator of his or her inherited estate, and the court appointed administrator who is assigned to handle the estate frequently has no ties to the decedents.

Introduced by Assembly Member Ricardo Lara of Los Angeles County, Assembly Bill 1670 is designed to protect your estate in the event you die without creating a will. By amending current law, AB 1670 will ensure that non-resident heirs have the ability to appropriately administer and care for their inherited estate. The bill allows foreign heirs to nominate a trusted family friend or lawyer as administrator of the estate, rather than the public administrator chosen by the court, which would in almost all cases be a stranger to the heirs. Under AB 1670, the nominated administrator must meet existing requirements in order to be appointed as the administrator. If appointed, the administrator is subject to the court’s jurisdiction. This means that the administrator will be held personally liable if creditors are not paid or if he or she does not properly safeguard the assets of the estate from theft.

In support of the bill, the author writes that this bill provides non-residents with the ability to appropriately manage their inherited estates by giving them the ability to nominate a qualified person to act as administrator and care for their inherited estate in the best manner they see fit.

For information about AB 1670, and other bills, visit: http://leginfo. legislature.ca.gov.

The Agricultural Jobs & Industry Stabilization Act of 2012—An Update

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n light of the inaction of the federal government on comprehensive immigration reform, and the fact that California’s economic success relies heavily on the agricultural industry, which depends heavily on unauthorized workers from outside of the U.S. to maintain economic growth, Assembly Bill 1544, also known as the California Agricultural Jobs and Industry Stabilization Act of 2012, was introduced by Assemblyman V. Manuel Perez (D-Coachella). “California growers are facing the choice of whether to violate employment law or to risk economic disaster,” said the Assembly Member. “As the largest economy in the country with the largest number of undocumented population in the nation, California has a responsibility to lend its voice in the debate of an immigration reform.”

The bill passed its first hurdle on Wednesday, April 18th, in the California Assembly Committee on Labor and is now ready to move on to the next step—the Appropriations Committee.

The U.S. Department of Labor estimates that half of the population of agricultural workers in the U.S. is comprised of unauthorized persons, while the agricultural industry believes that number to exceed 75 percent.

Similarly, California’s service industry, including businesses that provide domestic services, janitorial or building

maintenance services, food preparation services, and housekeeping services, rely heavily on unauthorized workers as a sustainable labor supply.

Now that the bill has taken a step forward, and has increasing support, there is a chance it will become law.

After securing the necessary approval from the federal government, if enacted, AB 1544 would: authorize the Employment Development Department (EDD) to establish a state resident worker program to issue permits to unauthorized agricultural and service industry employees currently in the state; enabling them to work legally in California, provided they meet specific criteria. The bill would also require EDD to certify, prior to initiating the program, that there are not sufficient U.S. citizens and legal residents in California to meet the labor demand for agriculture and service industry jobs; and specify that these now legal workers are entitled to all the same wage, hour and working condition protections given to U.S. citizens under California law.

Within 90 days of the implementation of the California Agricultural Jobs and Industry Stabilization Act, an agricultural or service industry employer will be breaking the law if they employ an undocumented person who does not have a permit.

Within 90 days of the implementation

of the California Agricultural Jobs and Industry Stabilization Act, an agricultural or service industry employer will be breaking the law if they employ an undocumented person who does not have a permit.

The approval on April 18th was the first in a lengthy process to get Assembly Bill 1544 to Governor Jerry Brown’s desk.

For more information about AB 1544 and all California Bills, please visit: http://leginfo.legislature.ca.gov.

Voice of the Fields California Circulation: 40,000 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 Editor: Marco Lizarraga Produced with the support of the Employment Development Department Voice of the Fields may be reproduced

SB 970: Making it Easier to Apply for Public Health and Human Services Programs

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n an effort to increase enrollment in the Supplemental Nutrition Assistance program known in California as CalFresh, Senator Kevin De Leon has introduced Senate Bill 970. The purpose of this bill is to enroll more than two million low-income Californians the U.S. Department of Agriculture has identified as eligible for CalFresh to prevent hunger and stimulate the California Economy.

According to the USDA, California has the lowest participation levels in the Supplemental Nutrition Assistance Program of any state. Increased

enrollment would improve the health and wellbeing of low-income families.

Existing law requires the California Health and Human Services Agency to establish single application forms for each public health program.

This bill would require a county human services department to allow an applicant initially applying for, or renewing health care coverage by filling out a single state application, with the applicant’s consent, his or her health care application information would be used simultaneously to initiate applications for CalWORKs (a welfare program that gives

cash aid and services to eligible needy California families) and CalFresh. The bill would require the California Health and Human Services Agency to develop a group of human services and health care advocates, legislative staff, and other representatives, to identify other human services and work support programs that might be integrated into this crossapplication process.

For more information about SB 970, please visit: http://leginfo.legislature. ca.gov.

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 Name of Employer

CalJOBS Number

Job Title

Pay Rate

Contract Dates

Positions

City of Job

Employer’s County (for ECMS)

Responsible WS Site (RWSS)

1

West Coast Tomato Growers, LLC

CA12851813

Farm Workers: Tomato

$10.24

7/28/12 12/28/12

300

Oceanside

San Diego

Oceanside (760) 414-3582

2

H2A Placement

CA12900564

Farm Workers: Avocado, Lemon, Cilantro, Pumpkin, Celery

$10.24

7/28/12 12/28/12

45

Oxnard

Ventura

Oxnard WS (805) 382-8610

3

Purewall Harvesting

CA12836408

Farm Workers, Machine Operator, Bin Rollers

$10.24

7/3/12 10/5/12

36

Yuba City

Sutter

Marysville WS (530)741-4281

4

Western Range Association

CA10339218

Sheep Herder

$1,422.52

On-going

143

California & Western States

California & Western States

Contact any EDD WSB Office

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.