Voice of the Fields - March 2013

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 2013

FREE

The Cesar Chavez Legacy

Volume 23, Number 3

M

arch marks the birth month of Cesar Chavez, who played an important part in the fight for agricultural farm worker rights. In order to honor his life’s work, we wanted to share some information about him and the legacy he left behind. Chavez, a farmworker himself, dedicated his life to improving the treatment, pay, and working conditions for farmworkers in America. Cesar Chavez was a good man who dedicated his life to helping others.

Cesar Chavez was born on March 31, 1927, in Arizona. In the 1930s, Cesar Chavez’s father lost his business because of the Great Depression. In 1937, a severe drought forced the family to give up the ranch where they were living, and the following year, Cesar and his family packed their belongings and headed to California in search of work. In California, they became part of the migrant community, traveling from one county to another picking fruits and vegetables during the harvest, living in numerous migrant camps and often sleeping in their car.

After attending more than 30 elementary schools, Cesar graduated from the eighth grade in 1942. Around that same time, his father had been in an accident and was insistent that Cesar’s mother not work in the fields.

Having both his mother and father out of work meant Cesar could not to go on to high school. Instead, he quit school and worked full-time in the

fields to support his family.

In 1944 at age 17, Cesar enlisted in the United States Navy and served in World War II. After completing a two year duty, he returned to California.

In 1948 Cesar married his girlfriend, Helen Fabela, moved into a one-room shack in Delano, CA, and started their family of 7 children.

Life changed for Cesar when he met a man named Fred Ross. Fred Ross believed that if people worked together they could make their communities better. Fred Ross hired Cesar to work for him with the Community Service Organization (CSO) he founded in 1948. Chavez became a community organizer and began his lifelong campaign for civil rights and justice.

Cesar Chavez’s passion was helping others gain the rights and respect every human deserves, but he was especially focused on helping the agricultural workers in America improve their working and living conditions. Using the training and skills he gained

working with the CSO and Fred Ross, Cesar left the CSO and founded the National Farm Worker Association (NFWA). Cesar and the workers who joined the NFWA wanted the companies and growers that owned farms to respect their laborers by providing them with fresh water to drink, bathrooms in the fields, and fair pay for their work.

Some companies and growers who refused to treat farm workers with respect and dignity did everything they Continued on next page

The Cesar Chavez Legacy

The Occupational Safety and Health Administration

could to stop Cesar and the farm workers, at times even turning to violence and hurting many farm workers and the people helping them. Cesar, however, believed change could be made without the use of violence.

In 1965, Cesar Chavez and the NFWA led a strike of California grape-pickers to demand higher wages. Cesar urged the farm laborers of America to yell, “Sí se puede! — Yes, we can!” in order to be heard. In addition to the strike, they encouraged all Americans to boycott table grapes as a show of support. Within a few years, and after many strikes, some growers agreed to provide better working conditions for the farm laborers.

Chavez recognized the injustices suffered by those who work hard to provide food to Americans. He spent his life peacefully promoting rights for farmworkers, which led to improved living and working conditions for minority groups across the United States.

Cesar Chavez died on April 23, 1993. His birthday, March 31st, is celebrated in California, Texas and other states and is the first and only holiday honoring a MexicanAmerican. People all over the world remember Cesar Chavez as a man of courage who fought to improve the lives of all people.

n order to ensure that employers are providing their employees with safe and healthy working conditions, in 1970, the U.S. government passed a law called the Occupational Safety and Health Act. When this law passed Congress, an administration was created to oversee and enforce the new workplace health and safety standards. The Occupational Safety and Health Administration (OSHA) is the government body that sets the standards all employers must follow. Some of the standards that have been set are:

Continued from previous page

I

Employers must limit the amount of hazardous chemicals their workers can be exposed to n Required use of safety equipment n Employers must keep records of workplace injuries and illnesses.

Employers with ten or more employees who are not part of his or her immediate family, are required to follow the health and safety standards enforced by OSHA. OSHA also provides information and safety training to workers and employers. It is required that the training be conducted in the language and vocabulary the workers can understand.

The following are regulations that agricultural employers must follow in order to stay compliant with OSHA standards: n Temporary labor camps must provide shelter, a clean water supply, toilet facilities, lighting, trash disposal, an operating kitchen, feeding facilities, insect and rodent control and also first aid. n

Agricultural employers are required to provide employees who work in the fields with potable drinking water, toilet facilities and handwashing facilities (these facilities must be well maintained). Training must be provided to inform the employees about the practice of good hygiene. n Employers are required to provide employees with information about hazardous chemicals and pesticides which they might be exposed to.

If you have questions, need additional information, want to file a complaint, or would like to contact OSHA, please call 1-800-321-OSHA (6742)- Spanish and English options are available or visit http://www.osha. gov.

If you file a complaint against your workplace with OSHA, it will be kept confidential. It is a violation of the Occupational Health and Safety Act for an employer to fire, demote, transfer or discriminate against a worker for filing a complaint using their OSHA rights. n

The Wage and Hour Division: How does it protect you?

F

ederal Law requires employers to provide all employees a reasonable and fair wage for the hours they work. This law is enforced by the Wage and Hour Division of the U.S. Department of Labor, which was created with the enactment of the Fair Labor Standards Act of 1938 (FLSA). The Wage and Hour Division enforces Federal minimum wage, overtime pay, recordkeeping, and child labor requirements. As agricultural workers, you are protected under The Migrant and Seasonal Agricultural Worker Protection Act (MSPA), enforced by the Wage and Hour Division.

The MSPA sets standards for migrant and seasonal agricultural workers regarding wages, and transportation.

For migrant farm workers, MSPA also sets standards for housing provided to farm workers. The MSPA requires that employers of migrant agricultural workers register with the Federal government, and notify prospective employees of the wages and working conditions before they are hired. Additionally, MSPA requires that housing provided to farm workers meet minimum standards for health and safety, and that transportation providers have vehicles that meet certain standards for safety. Under Federal law, farm workers have the following rights protected by the MSPA:

Farm workers must be provided written information about their wages and working conditions in a language they can understand. n If you are told to arrive to work at a specific time, but the work cannot start until later, make sure you are paid for all hours starting from the time you got to your job site.

It is very important that you keep track of all the hours you have worked.

When you get your paycheck, make sure you have been paid for all time worked, and that all the hours you worked have been recorded on your check. n

Transportation: n

Wages: Your employer must pay you for the hours you worked. In the state of California, you must be paid a minimum of $8.00 per hour. n Farm workers must be provided a written statement of earnings and all deductions from pay. n

Agricultural employers must assure that the vehicles used to transport workers are properly insured, are operated by licensed drivers, and meet federal and state safety standards. Sometimes your crew leaders will charge a fee for transportation. If there is a fee, this amount must be disclosed to you. Also, if the vehicle is unsafe, uninsured, or the driver is unlicensed, you should not pay a transportation fee, and you should report the violations to the Wage and Hour Division.

Safety and Health: n

Farm workers must be provided safe drinking water, toilets, and hand washing facilities at the job site at no cost.

Continued on next page

The Wage and Hour Division: How does it protect you?

Voice of the Fields California Circulation: 50,000 copies

www.LaCooperativa.org

Continued from previous page

Farm workers must be provided a safe workplace. n Migrant farmworkers must be provided with safe housing.

For more information regarding MSPA, the FLSA, minimum wage and n

overtime pay, visit the Wage and Hour Division web site: www.wagehour.dol. gov and/or call the Wage and Hour Division toll-free help line, available 8a.m. to 5p.m. in your time zone, at 1-866-4US-WAGE (1-866-487-9243) Spanish and English options are available.

Published monthly by: La Cooperativa Campesina de California 1107 9th Street, Suite 420, Sacramento, CA 95814 Phone 916.388.2220 Fax 916.388.2425 Produced with the support of the Employment Development Department Voice of the Fields may be reproduced

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 Active

CalJobs Number

Job Title

Pay Rates

Contract Dates

Positions

City of Job

Employer’s County (for ECMS)

EDD Workforce Service Site Office

1

13898129

Farmworkers Strawberries

$10.74

5/6/13 - 12/1/13

80

Royal Oaks

Santa Cruz

Monterey (831) 796-3600

2

13898159

Farmworkers Grapes and Apples

$10.74

4/30/13 - 10/25/13

49

Forestville

Sonoma

Santa Rosa WS (707)576-2016

3

13898022

Sheep Herder

$1,422.52

5/1/13 - 4/30/14

7

Bakersfield

Kern

Bakersfield WS (661) 635-2600

4

13898128

Farmworkers, Strawberries

$10.74

4/22/13 - 12/1/13

80

Royal Oaks

Santa Cruz

Monterey (831) 796-3600

5

CA13818684

Farmworkers, Lettuce

$10.74

4/6/13 - 11/15/13

72

Santa Maria

Santa Barbara

Santa Maria (805) 348-3230

6

CA13818483

Farmworkers, Avocado

$10.74

4/8/13 - 8/30/13

50

Valley Center

San Diego

Oceanside WS (760) 414-3582

7

CA13818168

Beekeepers

$11.00

4/10/13 - 2/10/13

2

Ranch Cordova

Sacramento

Sacramento WS (916) 227-0301

8

CA13814649

Vineyard Workers

$10.74

4/1/13 - 11/04/13

12

Napa

Napa

Napa (707) 253-4134

9

CA13802258

Farmworkers, Livestock

$10.74

4/1/13 - 12/15/13

2

Hayfork

Trinity

Redding (530) 225-2185

10

CA13797779

Vineyard Workers

$10.74

4/1/13 - 11/15/13

30

Healdsburg

Sonoma

Santa Rosa WS (707) 576-2016

11

CA13792937

Sheep Herder

$1,422.52

4/1/13 - 3/31/13

4

Alturas

Modoc

Redding (530) 225-2185

12

CA13739424

Field Workers Lemons & Avocados

$10.74

4/1/13 - 11/1/13

22

Salinas

Monterey

Monterey (831) 796-3600

13

13898523

Sheep Herder

$1,422.52

on-going

206

California and Western States

Sacramento

All Selected EDD WSB Offices

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.