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 22, 2012
FREE
Volume 22, Number 2
Agricultural Workers Rights
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• When employees perform field work for a period of less than two hours (including time spent traveling to and from the field), or
alifornia law requires employers to provide all employees a safe and healthy working environment regardless of the industry in which they work. Agricultural workers have additional rights due to the nature of the work that they perform. All agricultural workers have legal rights regardless of their immigration status.
Under California law, your employer must provide: n
Training about health and safety, including information on pesticides and other chemicals.
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Potable drinking water, suitably cool and in sufficient amounts— dispensed in single- use drinking cups or by fountains, located so as to be readily accessible to all employees.
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One toilet and handwashing facility for each 20 employees of each sex, located within a quarter mile walk, or if not feasible, at the closest point of vehicular access. As an alternative to providing the required toilet and handwashing facilities themselves, employers may transport employees conducting hand-labor operations to toilet and handwashing facilities under either of the following circumstances:
• When fewer than five employees in the establishment are engaged in hand-labor operations on any given day. Pre-moistened towelettes cannot be substituted for handwashing facilities. n
Maintenance in accordance with public health sanitation practices, including: upkeep of water quality through daily change or as often as needed; toilets kept clean, sanitary, and operational; handwashing facilities refilled with potable water as necessary, and kept clean and sanitary; and the prevention of any unsanitary conditions through waste disposal.
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Opportunity for reasonable use, through notification of each employee by the employer of the location of the water and the facilities, and the allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize exposure to them.
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Payment for emergency care and transportation if you get hurt or sick
because of your job. You may also be entitled to lost wages. n
At least the minimum wage, $8.25 per hour. In some cases, employers can pay 85% of the minimum wage during your first 160 hours, if you have no previous similar experience. Call toll-free (888) 275-9243 for more information.
Employers that are violating these worker rights are subject to fines. The Cal/OSHA enforcement unit has jurisdiction over all employers in California. To report an injury or workplace violation, you can contact the local Cal/OSHA Enforcement Unit Office closest to you by accessing local office listings at www.dir.ca.gov/dosh/ DistrictOffices.htm or you can submit a form online at www.dir.ca.gov/dosh/ enforcementpage.htm.
You also have a right to: n
Report health and safety problems.
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Work without racial or sexual harassment.
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Refuse to work if the job is immediately dangerous to your life or health.
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Join or organize a union. Continued on next page
Workers Rights Continued from previous page
Housing and Transportation
The Migrant and Seasonal Agricultural Worker Protection Act requires farm labor contractors, agricultural employers, and agricultural associations who recruit, solicit, hire, employ, furnish, transport or house agricultural workers, as well as providers of migrant housing, to meet certain minimum requirements in their dealings with migrant and seasonal agricultural workers. Each person who owns or controls housing provided to migrant agricultural workers must ensure that the facility complies with the federal and state safety and health standards covering that housing. Migrant housing may not be occupied until it has been inspected and certified to meet these safety and health standards. The certification of occupancy must be posted at the site. Each vehicle used to transport migrant or seasonal agricultural workers must be properly insured and operated by a properly licensed driver. Each such vehicle must also meet federal and state safety standards. For more information on the Migrant and Seasonal Agricultural Worker Protection Act, please visit the U.S. Department of Labor website at www.dol.gov/compliance/laws/compmsawpa.htm or call 1-866-4-USADOL.
Introducing the Agricultural Jobs & Industry Stabilization Act of 2012
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alifornia’s agricultural and service sectors contribute tremendously to the state’s economic success, yet both industries rely heavily on unauthorized workers from outside of the U.S. to maintain their economic production and revenues. In recognition of this reality, and in light of federal inaction on comprehensive immigration reform, Assembly Member V. Manuel Pérez (D-Coachella) has introduced Assembly Bill 1544, known as the Agricultural Jobs & Industry Stabilization Act of 2012. As Pérez himself noted, that inaction “consigns [unauthorized] workers to the shadows and creates uncertainties for the businesses that rely upon them.” AB 1544 facilitates economic stability in these industries by establishing a program that provides agricultural and service sector businesses a safe and legal way for their unauthorized workforce to work in California. The U.S. Department of Labor estimates that half of the agricultural work force in the U.S. is comprised of unauthorized workers, while the agricultural industry believes the 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. If enacted, and after securing the necessary approval from the federal government, AB 1544 would: authorize the Employment Development Department (EDD) to establish a state resident worker program to issue worker permits to unauthorized agricultural and service industry workers currently in the state, enabling them to work legally in California; require the unauthorized worker to meet specific criteria; 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 agricultural and service industry jobs; and specify that workers in this program are entitled to all the same wage, hour and working condition protections in California law. AB 1544 is part of a three-bill package, aimed at helping California maintain its competitive edge in key sectors of the state’s economy using a compassionate and responsible approach that emphasizes economic and family stability. The other bills include AB 1545, the California BiNational Economic Development & Infrastructure Bank; and AB 1546, the California High Skilled Worker Retention Act of 2012. For more information about any of these bills, visit Assemblyman Pérez’s website at http://asmdc.org/ members/a80/.
Don’t forget to file your taxes
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tate and federal personal income tax returns for 2011 are due on April 17, 2012. Employers are required to mail out employee W-2 forms needed for filing income tax returns by January 31, 2012. If you have not received your W-2, contact your employer and ask for another copy and make sure that they have your correct address and contact information. Once you have your W-2 you are able to file your State and Federal income tax returns. Other items you will need to file your tax returns include: n Valid Social Security cards for the
taxpayer, spouse and dependents
n Birth dates for primary, secondary and
dependents on the tax return
n Wage and earning statement(s)
Form W-2, W-2G, 1099-R, from all employers
n Interest and dividend statements from
banks (Forms 1099)
n A copy of last year’s federal and state
returns, if available
n Bank routing numbers and account
numbers for direct deposit
n Other relevant information about
income and expenses
New Laws for Farmworkers
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he Untied Farm Workers union (UFW) along with labor community allies worked with Senator Darrell Steinberg (D-Sacramento) to author a bill that would strengthen the right’s of the state’s more than 400,000 farmworkers to unionize. The bill, SB 126, calls for immediate certification of a union if employer election violations could have affected a unionization vote, and a speeded-up process for Agricultural Labor Relations Board certification of elections. This bill also protects workers that were unfairly fired during union election drives. The bill was signed by Governor Brown last year and chaptered into law.
Jose L. Perez Robles: A Solar Training Success Story
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ose Robles worked in the agriculture industry, but was laid off in December of 2010. He came to one of our member offices in order to get job training for a new career. He was interested in getting certified in installing solar paneling so that he could find more stable employment and provide for his family. Mr. Robles was enrolled in the William M. Maguy School of Education in Kerman and attended Solar Photovoltaic Training from January to March 2011. While in training, Jose also received assistance with rent, food, clothing and gas to help him during this transition. Jose graduated
in March 2011 as one of the top students in the class and obtained a job immediately with a solar installation company in California. He is currently working as a Solar Installation Supervisor and works to train others in the same training program he was in. Jose L. Perez Robles at GRID Alternative install is wearing the green jacket.
Remembering Cesar Chavez
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n March 31st we will celebrate Cesar Chavez Day as a nation. Chavez is remembered each year on his birthday for his tireless leadership and non-violent crusade to gain national attention for farmworkers and labor issues. Senator Robert F. Kennedy is quoted calling Chavez “one of the heroic figures of our time.” Chavez was born in Yuma, Arizona in 1927 to immigrant parents. At age 11 he became a migrant farm worker to help support his family. Throughout his youth, he traveled throughout California working the orchards, vineyards and fields, where he was exposed to the many hardships of farm worker life. Chavez joined the Navy in 1946 and served two years. He returned from service in 1948 to marry a woman he met while working in the fields. He and Helen settled in a small barrio in East San Jose where they would raise eight children. Chavez is best known for founding
the National Farm Workers Association, which would later become the United Farm Workers (UFW), along with Dolores Huerta. Chavez organized marches, boycotts, pickets and strikes to help bring farm workers better wages and safer working conditions. He worked through the UFW to show how important farm workers were to California’s economy and bring dignity to all agriculture workers. Chavez died peacefully in 1993, but his legacy lives on. A national holiday since 2008, Cesar Chavez Day recognizes the great work of this courageous man. It is also known throughout the United States as a day of service and learning. Many organizations have parades; have volunteer opportunities in their communities and have celebrations honoring Chavez and his legacy. For more information on Cesar Chavez and his life story, visit the United Farm Workers website at www.ufw.org.
Radio Bilingüe with Alma Martinez
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heck out this month’s Radio Bilingüe program with reporter Alma Martinez. The radio program provides you with indepth information on issues discussed in the monthly Voice of the Fields newsletter. An upcoming program will take place on March 22, 2012 at 10:00 a.m. Hear from a representative of the United Farm Workers who will speak
about Cesar Chavez and his legacy. Additionally, a representative from the Employment Development Department will be on air to announce H2A job listings. The program is broadcast on Radio Bilingüe, a non-profit radio network with Latino control and leadership. To find a station near you, visit www. radiobilingue.org. You can also access past programs online!
Voice of the Fields California Circulation: 40,000 copies www.LaCooperativa.org Published monthly by: La Cooperativa Campesina de California 7801 Folsom Blvd, Suite 365, Sacramento, CA 95826 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