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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 little to no sweating.
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 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.
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, or
- You were fired so that you could be replaced by a U.S. citizen…
THEN YOU MAY HAVE BEEN 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 most important.
If you or someone you know is frightened about something in your relationship, please call the National Domestic Violence
Hotline at 1−800−799−SAFE (7233) or TTY 1−800−787−3224. You can call 24 hours a day,
365 days a year. Hotline advocates are available to provide crisis intervention, safety planning, information and referrals
to agencies in all 50 states including Puerto Rico and the U.S. Virgin Islands. Interpretation services are available in
more than 170 languages.
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 most important.
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 or the internet. Some states
have different rules for calculating your benefits and for counting wages from other states so that you qualify. 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 getting unemployment benefits, 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 benefits.
If you have any questions or problems, please call one of our offices.
img border="0" src="FWimages/group.jpg" align="right" alt="group of farmworkers">
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 2009,
the maximum amount of the credit is $5657.
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 any 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 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 $7.25
per hour. Even if you are paid on a piece rate, your wages each week must be at least $7.25 per hour.
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 United States government made some big changes to the H-2A program in 2008 and 2010. Contact your legal aid
office for the most recent information and how it may affect your contract.
H2A workers have some, but not all, of the rights mentioned on this page. Generally, your rights are governed by the contract
you receive. You should receive a copy of your contract before you leave your home country. You can ask us about your contract.
Here are two very important changes if your contract begins later in 2010:
- The hourly wage: For New England and New York, those of you who have later contracts must be paid at least $10.16 per hour.
If you have questions about whether you are getting the right hourly wage, contact us.
- Better vehicle safety rules for your travel from the labor camp to work and back.
For all contracts, you have additional rights:
Free housing which is inspected and
meets federal standards.- Workers compensation benefits if you are injured while working.
- Reimbursement of some of your travel expenses.
- No retaliation for asserting your rights under the contract. This includes talking with a legal services worker or filing a
complaint, and other rights that are in your contract.
- Other rights that are in your contract.
Contact a legal services office if you have questions or if you need help. It is important to
get the most recent information. Things could change during your contract.
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 and, the permission and help of your boss.
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, etc.
- Clean: the garbage must be removed, the bathrooms must be clean, and sufficient storage for your food must be
provided, etc.
- 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 various 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 call 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- The government is considering the possibility of a legalization program. However, we do not expect that
there will be a legalization program this year, and there may never be one. So, 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 looks 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 fill
out the form below as indicated and, either give it to one of the Legal Services staff who handed out this calendar or mail
it to one of the offices listed on the second page of this calendar.
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.
