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

2015 Legislative Update

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Now, midway through the year, enacted legislation for 2015 should be fully implemented. Several new pieces of legislation related to issues of immigration, driver’s licenses, and workplace protection

have been passed. Below are the areas involving state immigration laws and verification requirements that you, as a worker, and your employer must be aware of when entering the second half of the year.

June 2015 FREE Volume 25, Number 6

Wage and HourAs explored in previous La

Cooperativa issues, several new laws will increase employers’ wage-and-hour obligations in 2015. Many of the new wage and hour laws expand on current employer penalties and liability for failure to meet work place obligations.

Waiting Time PenaltiesThe Labor Commissioner can

cite an employer who pays less than the minimum wage. The citation can include a civil penalty, restitution, and liquidated damages. In addition, AB 1723 authorizes the Labor Commissioner to process any applicable penalties for an employer’s willful failure to timely pay wages to a resigned or discharged employee, which is commonly referred to as “waiting time” penalties. AB 1723 does not create new penalties, but rather permits the Labor Commissioner to apply new methods when enforcing existing penalties.

Furthermore, AB 2743 specifies a waiting time penalty if unionized theatrical and concert venue employers violate any agreed upon timeframe for payment of final wages contained in a collective bargaining agreement.

LABOR Rest and Recovery Periods

SB 1360 confirms that heat recovery breaks are counted as hours worked and are further considered paid breaks. SB 1360 reiterates existing laws that pertain to heat related breaks, but seeks to clear up any former confusion employers had with regards to former legislation.

Protections for Complaints Under the Labor Code

AB 2751 outlines that an employer will be fined $10,000 for discriminating or retaliating against an employee who complains of Labor Code violations. The fine collected will be awarded to the employee/employees who “suffered the violation.”

IMMIGRATION Nondiscrimination: Driver’s Licenses for Undocumented Persons

A follow up to AB 60 driver’s license bill, AB 1660 makes it a violation of the Fair Employment and Housing Act (FEHA) for an employer to discriminate against an individual because he/she holds or presents a driver’s license issued to undocumented persons who can submit satisfactory proof of identity and California residency. Such discriminatory actions will constitute national origin discrimination under FEHA.

AB 1660 clarifies that actions taken by an employer that are required to comply with federal I-9 verification requirements under the Immigration and Nationality Act (INA) do not violate California law.

AB 1660 also provides that it is a violation of FEHA for an employer to require a person to present a driver’s license, unless possessing a driver’s license is (1) required by law; or (2) required by the employer and law otherwise permits the employer’s requirement.

AB 1660 further requires any driver’s license information obtained by an employer to be treated as private and confidential.

Migrant Childcare Alternative Program (MCAP)

Caring for our children is at the forefront of families’ minds, but demanding work schedules and restricting finances often limits the options for childcare. Typically parents are left with the unfor-

tunate choices of low-quality care, taking financial losses in order to stay at home and care for a child themselves, or leaving the child home alone.

Fortunately services such as the Migrant Childcare Alternative Program (MCAP) exist specifically to help the children of low-income families that work in seasonal agriculture. Through the Community Action Partnership of Kern, the state funded program provides subsidy services for agricultural working families to pay for the cost of childcare.

The Migrant Childcare Program’s mis-sion is to ensure that all children have the benefit of learning in a safe environment offered by quality childcare providers.

MCAP is not a childcare center, rather a service program that assists families in choosing and paying for a care provider.

MCAP is sensitive to that fact that not every childcare provider is appropri-ate for the varying needs of migrants families. This program is unique and ideal in that it gives parents the option to choose a provider that is the right fit for them, whether in a traditional daycare center or in your own home under the care of a family member. Parents have the availability of several childcare options,

including the following:n Licensed Childcare Center, Nursery

School or Preschooln Licensed Family Childcare Homen License-Exempt Provider – A Relativen License-Exempt Providern In-Home care

REQUIRMENTS:Agricultural Workers

Given the generosity of this program, it is intended for the very specific, low-income, migrant worker population. To qualify for MCAP parents must earn at least fifty percent (50%) of their total income from fishing, agriculture or agri-cultural related work.

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.

Agricultural Jobs available to U.S. workers under H-2A contractYou 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 EDD Workforce Service Site Office

1 14400307 Tomato Harvest $11.33 8/15/15 - 11/15/15 100 Oceanside San Diego Oceanside WS (760) 414-3582

2 14379466 Garlic/Corn/Bell Pepper Harvest

$11.33 7/15/15 - 9/15/15 120 Watsonville Monterey/Santa Cruz Watsonville WS (831)763-8700

3 14371983 Strawberry/Blackberry Harvest

$11.33 7/06/15 - 11/02/15 150 Salinas/Watsonville

Monterey/Santa Cruz Watsonville WS (831)763-8700

4 14369951 Strawberry Harvest $11.33 7/01/15 - 9/15/15 80 Watsonville Monterey/Santa Cruz Watsonville WS (831)763-8700

5 14369535 Tomato Harvest $11.33 7/01/15 - 11/15/15 100 Oceanside San Diego Oceanside WS (760) 414-3582

6 13898523 Farmworkers Sheepherder

$1600.34 Mo. on-going 206 California and Western States

California and Western States

Selected EDD WSB Offices

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Migrant Housing Centers and California Public Offices

Every year during the agricultural season, migrant workers must secure temporary and affordable housing. As a result of a seasonal demand for temporary housing, there is too often a shortfall in

suitable living arrangements. It is vital that migrant workers are aware of public housing programs, as well as their housing rights.

The State of California and the Department of Labor runs the Office of Migrant Services (OMS), which seeks to provide safe, decent and affordable seasonal rental housing and offer ad-ditional services. The objective of the OMS is to prevent migrant families from living in small unlivable conditions. To serve the housing needs of seasonal farm working families living in California, the OMS works with local housing authori-ties and counties to provide migrant centers located throughout California (See Appendix 1).

Provided below are answers to com-monly asked questions about OMS and Migrant Family Housing Centers.

What Does my Family Need to Qualify for Housing?

To qualify for seasonal housing an applicant must collect at least 50% of their household’s combined earned income from agricultural work. As defined by the OMS, agricultural work encompasses farm, ranch or orchard, or the processing of agricultural products. In addition there must be more than one person in the applicant’s house-hold, and additional members within the household must be the applicant’s immediate family. For at least three

months prior to the time an applicant and their family needs housing they must reside outside of a 50-mile radius from the center they are applying to.

It is vital to further check with the center nearest to you, since application requirements may vary center-to-center (See Appendix 1).

When is housing available to families?

The Migrant Hous-ing Centers are available for occupancy during the peak growing and harvest season, which is typically late April through October and November, but pre-sea-son extension dates may occur based on individ-ual center’s needs.

What is the Length of Time a Family Can Stay in a Unit?

Families may rent a unit for a six-month (180 day) period. Rental periods can be extended, however, an extension is based on family needs, the

individual center, and the employer. For accurate information it is best to contact the center for which you are applying to.

What Amount Will my Family Pay for Rent?

Daily rental rates vary by the number of bedrooms in a unit. 2014 occupancy season rates ranged from $10.00 to 12.50 per day. In 2014, a two bedroom unit typically rented for $11.50 per day, a three bedroom unit for $12.00 per day, and a four bedroom unit for $12.50 per day.

Tell me More About the UnitsEach center’s units will vary, but an

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County Address Office Contact Colusa Williams Migrant Center (530) 473-2129Fresno Parlier Migrant Center (559) 457-4137Kern Arvin Migrant Center (RD) (661) 845-1267

Shafter Migrant Center (RD) (661) 746-4326 Madera Pomona Ranch Migrant Center (RD) (559) 661-0104Merced Atwater/Livingston Migrant Center (209) 358-8121

Rafael Silva Migrant Center (209) 826-5993 Merced Migrant Center (RD) (209) 722-5991 Felix C. Torres Migrant Center (209) 382-2003

Modoc Newell Migrant Center (530) 664-3251 Monterey King City Migrant Center (RD) (831) 385-3482 San Benito Hollister Migrant Center (831) 637-7913 San Joaquin Harney Lane Migrant Center (RD) (209) 366-2761

Artesi II Migrant Center (209) 982-4193Artesi III Migrant Center (209) 910-9211

Santa Cruz Buena Vista Migrant Center (831) 722-5411Solano F. H. Rehrman Migrant Center (707) 678-3200Stanislaus Empire Migrant Center (209) 527-0648

Patterson Migrant Center (RD) (209) 892-1308 Westley Migrant Center (RD) (209) 894-3461

Sutter Yuba City Migrant Center (530) 674-7008 Yolo Davis Migrant Center (RD) (707) 678-2552

Madison Migrant Center (RD) (530) 662-1880

Appendix 1: Office of Migrant Service (OMS) Program Directory

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Voice of the Fields

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Fax 916.388.2425This product was funded by the U.S. Depart-ment of Labor’s Employment and Training Ad-ministration.The opinions expressed in this product are ex-clusive of the authors and does not necessarily reflect the official position of the U.S. Depart-ment 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.

Immigration-Related ProtectionsAB 2751 expands the definition of

an unfair immigration-related practice to include threatening to file and/or filing a false report or complaint with any state or federal agency. Current law extended the protection only to reports filed with the police. AB 2751 also clarifies that an employer cannot discriminate against or retaliate against an employee who updates his/ her personal information “based on a lawful change of name, Social Security number, or federal employment authorization document.

MigrateThe family must migrate at least once

every 12 months for agricultural work purposes. Those who migrate must main-tain a temporary residence for at least 30 days. The distance between the old and new residence must be at least 75 miles.

Child AgeChildren eligible for childcare are

those between the age of 0 and 12 and have a need for childcare.

Areas of ServiceThe Migrant Childcare Alternative

Program offers its subsidy program to families that reside in six California counties: Kern, Tulare, Kings, Fresno, Madera and Merced. A popular compo-nent of the MCAP is that once a family is accepted into the program, they can continue services anywhere in the state.

Families hesitant to apply because of their legal status and pending paper work should not be concerned with the legal effects of program enrollment. The in-formation MCAP collects is that on the children only. Children are not required to be born in the United States to qualify for the program.

For further information on qualifica-tion requirements and the application process please contact MCAP at 1-800-259-8866 (available in both English and Spanish). The MCAP regional office and mailing address is 1400 S. Union Ave Suite 130, Bakersfield, CA 93307.

MCAPContinued from second page

average size unit is 600-850 square feet. Only families qualify for temporary housing, and because of this, there are two, three and four bedroom options available at the centers. Units do not exceed four bedrooms. Each unit has a living room, dining area, kitchen and a full bathroom.

Are Other Services, in Addition to Housing, Provided at the Centers?

OMS resident families are provided access to the following services:n Laundry centersn Day Care for Children 2-5 years of agen Summer School for children 6-15 years

of agen Education tutoring and after school

activitiesn Medical and nutritional services n

Counseling and other referral services, such as help with alcohol and drug abuse, domestic violence, and referrals to local food banks.In addition to these services, some

centers also have playgrounds for chil-dren, baseball diamonds, soccer fields and basketball courts.

What Number do I Call for More Information About the Migrant Family Housing Centers?

For more information about Tempo-rary Migrant Housing, you can contact the OMS Program Manager Rosemary Avila at (916) 263-1186. For general in-quiries you can contact (916) 263-2771 or email OMSprogram@hcd.ca.gov.

HousingContinued from previous page