Voice of the FieldsCalifornia

F A R M L A B O R I N F O R M A T I O N B U L L E T I N

March 22, 2012 FREE Volume 22, Number 2

Agricultural Workers RightsCalifornia 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.

n 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.

n 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:

• Whenemployeesperformfieldwork for a period of less than two hours (including time spent travelingtoandfromthefield),or

• Whenfewerthanfiveemployeesin 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 facilitiesrefilledwithpotablewateras necessary, and kept clean and sanitary; and the prevention of any unsanitary conditions through waste disposal.

n Opportunity for reasonable use, throughnotificationofeachemployee 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 fieldandthepracticesnecessarytominimize exposure to them.

n 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 duringyourfirst160hours,ifyouhave no previous similar experience. Calltoll-free(888)275-9243formore information.

Employers that are violating these workerrightsaresubjecttofines.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.

n Workwithoutracialorsexualharassment.

n Refuse to work if the job is immediately dangerous to your life or health.

n Join or organize a union.

Continued on next page

Workers RightsContinued from previous page

Housing and Transportation

The Migrant and Seasonal AgriculturalWorkerProtectionActrequires 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 inspectedandcertifiedtomeetthesesafety and health standards. The certificationofoccupancymustbeposted 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 WorkerProtectionAct,pleasevisittheU.S. Department of Labor website at www.dol.gov/compliance/laws/comp-msawpa.htmorcall1-866-4-USA-DOL.

California’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)hasintroducedAssemblyBill1544,knownasthe Agricultural Jobs & Industry StabilizationActof2012.AsPérezhimself noted, that inaction “consigns [unauthorized] workers to the shadows and creates uncertainties for the businesses that rely upon them.”

AB1544facilitateseconomicstabilityin 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 thenumbertoexceed75percent.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 federalgovernment,AB1544would: authorize the Employment DevelopmentDepartment(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 workertomeetspecificcriteria;requireEDD 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.

AB1544ispartofathree-billpackage, 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 includeAB1545,theCaliforniaBi-National Economic Development & InfrastructureBank;andAB1546,theCaliforniaHighSkilledWorkerRetentionActof2012.

For more information about any of these bills, visit Assemblyman Pérez’s website at http://asmdc.org/members/a80/.

Introducing the Agricultural Jobs & Industry Stabilization Act of 2012

Don’t forget to file your taxes

State and federal personal income taxreturnsfor2011aredueonApril17,2012.Employersare

requiredtomailoutemployeeW-2formsneededforfilingincometaxreturnsbyJanuary31,2012.IfyouhavenotreceivedyourW-2,contactyour employer and ask for another copy and make sure that they have your correct address and contact information.

OnceyouhaveyourW-2youareabletofileyourStateandFederalincometaxreturns.Otheritemsyouwillneedtofileyour 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 Wageandearningstatement(s)FormW-2,W-2G,1099-R,fromallemployers

n Interest and dividend statements from banks(Forms1099)

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

TheUntiedFarmWorkersunion(UFW)alongwithlaborcommunityalliesworkedwithSenatorDarrellSteinberg(D-Sacramento)toauthorabillthatwouldstrengthentheright’softhestate’smorethan400,000

farmworkers to unionize. Thebill,SB126,callsforimmediatecertificationofaunionifemployerelection

violations could have affected a unionization vote, and a speeded-up process for AgriculturalLaborRelationsBoardcertificationofelections.Thisbillalsoprotectsworkersthatwereunfairlyfiredduringunionelectiondrives.

ThebillwassignedbyGovernorBrownlastyearandchapteredintolaw.

Jose L. Perez Robles: A Solar Training Success Story

Jose Robles worked in the agriculture industry, but was laid offinDecemberof2010.Hecame

to one of our member offices in order to get job training for a new career. He was interested in getting certifiedininstallingsolarpanelingsothathecouldfindmorestableemployment and provide for his family.

Mr. Robles was enrolled in the WilliamM.MaguySchool of Education in Kerman and attended Solar Photovoltaic Training from January to March 2011.Whileintraining, Jose also received assistance with rent, food, clothing and gas to help him during this transition.

Jose graduated

Jose L. Perez Robles at GRID Alternative install is wearing the green jacket.

inMarch2011asoneofthetopstudents 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.

Voice of the Fields

California Circulation: 40,000 copies

www.LaCooperativa.orgPublished 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

Remembering Cesar Chavez

OnMarch31stwewillcelebrate 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 heroicfiguresofourtime.”

Chavez was born in Yuma, Arizona in1927toimmigrantparents.Atage11hebecameamigrantfarmworkertohelp support his family. Throughout his youth, he traveled throughout California working the orchards, vineyards and fields,wherehewasexposedtothemanyhardships of farm worker life.

ChavezjoinedtheNavyin1946andserved two years. He returned from servicein1948tomarryawomanhemetwhileworkinginthefields.HeandHelensettled in a small barrio in East San Jose where they would raise eight children.

Chavez is best known for founding

theNationalFarmWorkersAssociation,which would later become the United FarmWorkers(UFW),alongwithDolores Huerta. Chavez organized marches, boycotts, pickets and strikes to help bring farm workers better wages and safer working conditions. HeworkedthroughtheUFWtoshowhow important farm workers were to California’s economy and bring dignity to all agriculture workers.

Chavezdiedpeacefullyin1993,buthis 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 FarmWorkerswebsiteatwww.ufw.org.

Radio Bilingüe with Alma Martinez

Check out this month’s Radio Bilingüe program with reporter Alma Martinez. The

radio program provides you with in-depth 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 UnitedFarmWorkerswhowillspeak

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,anon-profitradionetworkwith Latino control and leadership. Tofindastationnearyou,visit www.radiobilingue.org. You can also access past programs online!