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This information is meant to provide general
information, not to give legal advice.
No one should interpret any law without the
aid of an attorney who has been fully informed of all the facts
involved. |
The sun and heat can be dangerous. Protect your health.
Drink water before you feel thirsty. Drink small amounts of
water every 30 minutes. Do not drink coffee or alcohol.
Get used to the sun little by little. Rest in the shade occasionally.
Schedule demanding tasks in the morning or late day. Wear light-colored and
loose-fitting clothes. See a doctor if you have: fever, strong fatigue, headaches,
confusion, difficulty concentrating or thinking, or if you sweat only a little
or not at all..
One toilet facility and a place to wash your hands must be available for each
20 workers. They must be within 1/4 mile from where you are working. Toilets
must work and be kept clean. Hand washing facilities must be filled with potable
water and kept clean. There must also be soap and single-use towels.
WATER: You must have drinking water available near where you are working.
The water must be cool and there must be enough for everyone. Your employer
must tell each worker where the toilets, drinking water, and hand washing
facilities are and let you use them when you need to.
DON'T LET ANYONE TAKE AWAY YOUR RIGHT TO WORK
If you weren't hired because:
- you are not a U.S. citizen
- you don't have a permanent resident card
- you were not born in the U.S.
- the company thought your work documents looked fake
- you don't speak English, and it's not necessary to do the job
- you were fired so that you could be replaced by a U.S. citizen...
THEN YOU MAY HAVE BEEN ILLEGALLY DISCRIMINATED AGAINST
Also, when you get a job, you must show documents that prove your authorization to work in the US
and sign a form called an I-9. The I-9 lists the documents you can use to prove work authorization.
The employer cannot tell you which of the documents listed that you must provide.
If you are discriminated against, call one of our offices.
You should write down how many hours you work every day. Write down the time you start,
the time when you stop for lunch, the time you start working after lunch and the time you stop working.
If you are paid a piece rate, also write down how much you pick every day.
Why is it important to keep track of your hours and how much you pick every day?
Sometimes your boss might make a mistake in what he pays you.
If you keep track, it is much easier to prove what you really earned.
It may also be helpful for taxes, workers compensation and other reasons.
- Ask for information from your boss about the pesticides they are using
where you work.
- Use protective equipment.
- Wash your hands before eating, drinking, smoking or going to the
bathroom.
- Wash your body after working to remove pesticides from your body.
- Wash the clothing you worked in before wearing it again and wash your
work clothes separately from other clothes.
- Wear long-sleeved shirts that cover your arms, long pants,
socks and gloves.
What should you do if you are sprayed with pesticides or you ingest
them?
- Rinse your skin immediately with soap and water. Take off your clothes
if they are contaminated.
- If you feel sick or if your eyes, skin or throat hurt, go to a doctor
immediately.
- Tell the doctor that you think you've been poisoned by pesticides.
- Tell the doctor that he can call your boss to find out what pesticides
they were using where you worked.
Some symptoms of pesticide poisoning are:
Irritated skin, nose, eyes or throat; headache; vomiting; blurred vision;
sweating; muscle pain or cramps; chest pain; drooling; difficulty breathing; nausea;
difficulty walking; weakness and loss of appetite.
Safety first…..Physical abuse by your spouse or partner
is illegal. If you are in danger, call 911 for the Police. Your safety is
the most important thing.
If you are married to the abuser…If you are married
to a U.S. citizen or lawful permanent resident and are being abused, then
you may be able to apply to become a legal permanent resident on your own.
There is a special application that you can file - called a Self-Petition
- if you can show that you are a victim of physical or mental abuse, that
you married in good faith and you have good moral character. If you have children
who suffered abuse, you can apply for their legal permanent residency. If
you divorced because of the abuse, you may also be able to apply if the divorce
was less than two years ago. You do not need to stay with the abuser to apply.
Remember, your safety and well-being is the most important thing.
If you are a victim of violent crime…If you are a
victim of a violent crime and are not a United States citizen, you may be
able to apply for legal status in the United States.
Only some crimes are covered by this law. To qualify you must cooperate
with the Police and the Police must provide a certificate that you have been or
will be helpful in the investigation or prosecution of the criminal activity.
You may also file for your children.
Immigration applications are complicated…If you want
to know if any of these immigration situations apply to you, then please get
an attorney's help. These are complicated applications and should not be done
on your own. For more information, contact a legal
services office.
Once your job ends, you may be eligible for unemployment compensation benefits.
You can apply at a State Department of Labor agency where you reside or in
the state you worked. Some states accept applications by telephone. Some states
have different rules for calculating your benefits and for counting wages
from other states. Where you worked and for how long may determine where you
should apply and how much you receive. So when applying, be sure to report
every place you worked and ask in what state would you receive the most benefits.
If you have questions or problems, contact one of our
offices. If you are denied benefits, contact us immediately - the appeal
deadline is very short.
Social
Security is a U.S. government program. It pays a monthly amount of money to
workers who are retired (at least age 62) or disabled. To qualify for benefits,
you must have worked during at least 10 different years. A worker's spouse
or child may also be eligible for benefits.
Your boss must send to the government an amount equal to 15.3% of your gross
pay. Half of that amount (7.65%) should be deducted from your check each week.
It is usually listed on your check as a combination of "FICA" and "Medicare."
The other ½ is paid by your boss and is not deducted from your check. This
money goes to your account at Social Security.
It is a good idea to check with Social Security to see if all your earnings are included in their records.
If not, you can correct your record.
You can also call Social Security to find out what your benefits will be when you retire.
Call their toll-free number at 1-800-772-1213.
Please note, H2A and undocumented workers do not qualify for Social Security.
If you have any questions or problems, please call one of our
offices.
The Earned Income Credit (EIC) is a special tax credit for people who work.
If you qualify, the amount of the credit is subtracted from the taxes you
owe! If you don't owe any taxes, the government pays all of the credit to
you! For 2008, the maximum amount of the credit is $4824.
You can qualify for the EIC if you work full-time or part-time. You must also be a US citizen,
a lawful permanent resident OR have permission to work from Immigration. The amount of the
credit you receive depends on how many children you have, how old you are, and how much you earn.
However, you can qualify for the credit even if you are not married or if you have no children.
The children you claim must be US citizens or Permanent Residents and have a valid social
security card. Your child must be your son, daughter, adopted child, grandchild,
stepchild (or their descendants), or a foster child placed in your home by an authorized
placement agency. The children you claim must have lived with you in the US for more than
half of the tax year. Also, your child must be under age 19 at the end of the tax year (there are
some exceptions to this age requirement).
To claim the credit, you must file an income tax return, even if you owe no taxes. The EIC credit
will NOT affect your immigration status or any application you have pending with Immigration. It
will also NOT affect your eligibility for government benefits like food stamps, Medicaid,
unemployment, or other benefits.
If you have questions or if you want help, please call one of our offices.
You can also call the Internal Revenue Service
at 1-800-829-1040.
If you get sick or are injured while working, you may have the right to Workers Compensation benefits.
The insurance company pays for your medical bills and perhaps for some of your lost wages.
If you're injured while working, get medical care - don't wait! Tell
the doctor you were injured at work. You shouldn't have to pay for medical
care. Follow the doctor's orders.
Tell the boss right away! It is illegal for your boss to try to stop you from obtaining workers compensation
benefits.
Keep records! Keep a record of medical visits, the doctor's name and
address, and any costs (such as transportation, prescriptions, receipts, etc.).
If you are still injured when you go home, you may continue to receive
medical care and lost wages. It is best, but not necessary, to
start your workers compensation claim before you leave. Ask your doctor for
a copy of your medical records and take them home with you. Find a doctor
at home to provide care. Send copies of your medical reports to the insurance
company.
If you have questions about workers compensation, ask for help! If
you need help seeing a doctor, getting your bills paid or receiving wage benefits,
call the legal services office in the state
you are seeking benefits.
There is a law in the United States called the Migrant and Seasonal
Agricultural Worker Protection Act.
Under this law you have the right to:
Accurate information, in writing, about the job when you are recruited.- Accurate and complete wage statements every time you get paid.
- Clean, safe housing.
- Transportation in safe vehicles if the employer provides
transportation.
- The contractor and the employer have to keep all their promises.
This law also has many other protections for workers. If your employer violates this law,
you can get up to $500 for each violation, and sometimes more.
Our offices help workers make claims under this law. Please call one of our
offices if you have any questions or if you want help.
The Fair Labor Standards Act provides some very important protections for
most farm workers. You must be paid at least $6.55 per hour. Even if you are
paid on a piece rate, your wages each week must be at least $6.55 per hour.
Also, the federal minimum wage increases to $7.25 as of July 24, 2009.
You must be paid for all hours worked, including waiting time and, in some circumstances, travel time.
For example, if you have to wait for boxes, bins, equipment, or similar things in order to start working
you should be paid for that time. If you move from one field to the next during the day, you must be
paid for that travel time. Also, if your lunch break is less than 30 minutes, you must be paid for it.
Keep a record of all your hours to make sure you are paid correctly.
Most farmworkers are not entitled to overtime pay. Overtime is time and ½ pay for hours over 40 in a week.
However, if you are planting trees or cutting brush, you may be entitled to overtime pay. Also, some
packing and nursery jobs are entitled to overtime pay. If you have any questions or problems, please
call one of our offices.
The government in the United States may be making some changes to the H-2A
program. To date, we did not know which, if any, of these changes will be
permanent or when they will be put into practice. Please contact your legal
aid office for the most recent information.
H-2A workers have some, but not all, of the legal rights that are mentioned
here. However, even with the changes that might occur, you have the following
rights: :
Free housing;- Workers Compensation benefits if you are injured while working (See Workers
Compensation);
- Reimbursement of some of your travel expenses;
- No retaliation for asserting your rights under the contract. This includes
speaking to a legal
services worker or filing a complaint.
Your rights are governed by the contract you receive. If you did not receive
it, you can ask your boss for it.
Here are some of the changes that could occur:
- The hourly wage: how much you make in 2009 may depend on when you come
to the U.S. and where you work. If you have questions about whether you
are getting the right hourly wage, contact us.
- The amount of reimbursement for travel expenses from your home to the
farm.
- Other rights may be removed or changed.
Contact a legal services office if you have
questions or if you need help. Because of these changes it is important to
get the most recent information.
One other thing: If you have an emergency at home, it is
possible for you to return to your country before the contract
is over. However, if you leave the United States without
following all the rules, you will not be allowed to return to the U.S. to
complete the contract. You should have the help of a lawyer.
You have a right to safe and decent housing. In most circumstances, the
housing must be:
- Inspected: each year before anyone moves in, the building must be
inspected and the boss must post the inspection permit.
- Safe: the building must be safe, with no electrical problems and
have clean water.
- Clean: the garbage must be removed, the bathrooms must be clean
and sufficient storage for your food must be provided.
- Posted: if there are charges or expenses for the housing, the
information must be posted.
You should help keep the building and grounds clean. Report any problems to
your boss or camp supervisor, and allow government inspectors to enter your
quarters to inspect the building. Contact us
if you have other questions or problems about camp conditions.
Also, discrimination against you because of your race, national origin,
and some other reasons is illegal. If you believe you have been
discriminated against, contact the
legal services office in your state.
If you have questions or problems regarding immigration matters the most important thing to
remember is that you should get help. Immigration laws are always changing and in order to avoid
problems and get good advice it's important to find the help of an attorney who is trained and up to date.
Notaries, immigration "advisors" and even some attorneys often
do very bad work and cause serious problems with Immigration! It is better
to go to an experienced and trustworthy attorney. We maintain lists of trustworthy
agencies and attorneys all over the USA who help with immigration matters
and do good work. Call one of our offices and
we can help you find someone whom you can trust.
- It's very important that you file your tax return every year, even if you don't owe taxes.
Failure to do so could affect any immigration matter you have pending or have in the future.
- Permanent Residents may apply for residency on behalf of their spouse and un-married children.
If you apply for a child and your child gets married before getting his visa, he or she will
become ineligible to get a visa.
- Citizens may apply for residency on behalf of their spouse, parents, children
(married or not), or brothers and sisters.
- If you have a matter pending with Immigration, it's very important to report any change in
your address to them.
- A non-citizen, even Permanent Residents, can be deported from the United
States for violating immigration or criminal laws. Some of the reasons for
deportation are hitting or threatening a spouse, gun violations and drug
violations - there are many others also.
If you have any questions, please don't hesitate to contact one of
our offices.
If you come to the United States with a temporary visa to work someplace other than on a
farm, you are probably an H-2B worker, not an H-2A worker. Many H-2B contract workers work
at hotels, seafood canneries, construction jobs, and landscaping jobs. There are also many
H-2B workers in Maine and other states who are doing forestry work by planting pine seedlings
and cutting brush in the woods.
As an H-2B worker, you may be entitled to workers compensation benefits if you are hurt
on the job. However, some of the legal rights of an H-2B worker are different than the rights
of an H-2A worker. For example, employers of H-2B workers may not have to provide a minimum work
guarantee, free housing, or transportation. On the other hand, it is important to note that
generally speaking forestry workers and many other H-2B workers are entitled to overtime pay
(time and a half) for hours worked in excess of 40 hours per week. H-2B forestry workers are
also protected by the federal Migrant and Seasonal Agricultural Worker Protection Act.
So, be sure to find out if you have an H-2A visa or an H-2B visa and also find out what your
contract provides.
If you have questions about your rights as an H-2B worker, please
contact one of our offices.
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Mexico
20 Park Plaza
Suite 506
Boston, MA 02116
1-877-639-4835
(617) 426-8782
(617) 695-1957 Fax
Email: cmxboston AT conversent DOT net
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Guatemala
754 Branch Ave Suite 201
Providence, RI 02904
Tel. 401-270-6374
Fax. 401-270-7039
57 Park Ave
New York, NY 10016
Tel. 212-686-3837
Fax. 212-447-6947
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Honduras
35 West 35th St. Floor 6
New York, NY 10001
Tel. 212-714-9450
Fax. 212-714-9453
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Jamaica
1520 New Hampshire Avenue NW
Washington DC 20036
(202) 452-0660
(202) 452-0081 Fax
Email: info AT emjamusa DOT org
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El Salvador
2308 California Street, NW
Washington DC 20008
(202) 265-9671
Email: cbartoli AT elsalvador DOT org
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Republica Dominicana
20 Park Plaza - Suite 601
Boston, MA 02116
(617) 482-8121
(617) 482-8133 Fax
Email: embdomrepusa AT msn DOT com
1501 Broadway, Suite 410
New York, NY 10001
Tel. 212-768-2480
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Nicaragua
820 2nd. Ave Suite 802
New York, NY 10017
Tel. 212-986-6562
Fax. 212-983-2646
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Haiti
271 Madison Avenue,
5th floor
New York, NY. 10016
(212) 697-9767
(212) 681-6991 Fax
Email: contact AT haitianconsulate-nyc DOT org
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Canada
1251 Avenue of the Americas
Concourse Level
New York, New York 10020-1174 USA
(212) 596-1628
(212) 596-1666/1790 Fax
Email: cngny AT dfait-maeci DOT gc DOT ca
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LEGALIZATION - It appears that there will not be a legalization program
this year and there never may be one. However, for now, SAVE ALL YOUR
CHECK STUBS, AND OTHER PROOF OF YOUR WORK! If a legalization program is ever
passed, these documents will be very helpful.
Even though it look very unlikely right now, there is still a possibility
that some time in the future a legalization program for farm workers might
be passed. If you would like to receive notice if a legalization program is
ever passed, please print and fill out the linked .pdf
form and mail it to one of our offices.
This information was produced by the legal services programs in New England
and New York. We are lawyers and paralegals who help farmworkers with legal
problems.
