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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. |
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.
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.
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.
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.
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"
& "Medicare." The other 1/2 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 they are not, you can correct your record.
You can also call Social Security to find out what your benefits will be when
you retire. To contact Social Security, call 1-800-772-1213.
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 2005, the maximum amount of the credit is $4400.
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 might 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.
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
unemployment compensation, workers compensation, food stamps, Medicaid, or other
government benefits
Be careful. 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, sibling or stepsibling (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).
If you have questions or if you want help with your taxes, please call one
of our offices.
You can also call the Internal Revenue Service at 1-800-829-1040.
If you 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 are 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.).
What happens when you go home?
If you are still injured, you may continue to receive medical care and
lost wages. It is best 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 your medical reports to the insurance company.
What 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 $5.15 per hour. Even if you are
paid on a piece rate, your wages each week must be at least $5.15 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 1/2
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.
If you came to the United States with a temporary visa to work on a farm, you
are probably an H-2A worker. Because you are an H-2A worker, you have some, but
not all of the legal rights that are mentioned in this calendar. Some of the rights
you have are the right to:
Free housing that complies with OSHA/Migrant Housing standards- Be paid the Adverse Effect Wage Rate (AEWR). In 2006, the AEWR is $9.16.
- Be paid for at least three-quarters of the work promised in your contract.
- (Worker Compensation for work related injuries or illness.
- Not be retaliated against for threatening to or exercising your right to
file a complaint regarding health and safety, job-related injuries or illnesses,
or wages and hours.
Also, if there is an emergency, such as a death in the family, it is possible
for an H-2A worker to return home before the harvest season is over. The process
is not easy and you need the help of a lawyer. If you leave the United States
without following all the rules, you may never be able to come back. If you
need help with this, or if you have other questions or problems, please call
one of our offices.
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.
Here are some immigration tips to remember:
- 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), and
brothers and sisters.
- If you have a matter pending with Immigration, it's very important to report any change in your
address to them.
- Any non-citizen (unless 50% Native American born in Canada) can be deported from the United States
for violating various immigration or criminal laws. A few 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 ..
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Mexico
20 Park Plaza
Suite 506
Boston, MA 02116
(617) 426-4181
(617) 426-4942
(617) 426-8782
(617) 695-1957 Fax
Email: cmxboston@conversent.net
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Guatemala
2220 R Street, NW
Washington DC 20008
(202) 745-4952
(202) 745-1908 Fax
Email: info@guatemala-embassy.org
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Honduras
3007 Tilden Street, NW, Suite 4M
Washington DC 20008
(202) 966-7702
(202) 966-9751 Fax
Email: embhondu@aol.com
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Jamaica
1520 New Hampshire Avenue NW Washington DC 20036
(202) 452-0660
(202) 452-0081 Fax
Email: info@emjamusa.org
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El Salvador
2308 California Street, NW
Washington DC 20008
(202) 265-9671
Email: cbartoli@elsalvador.org
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Republica Dominicana
The Statler Building
20 Park Plaza - Suite 601
Boston, MA 02116
(617) 482-8121
(617) 482-8133 Fax
Email: embdomrepusa@msn.com
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Nicaragua
820, 2nd Avenue, 8th floor., Suite 802
New York, NY 10017
(212) 983-1981
(212) 989-5528
Email: eliseonum@aol.com
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Haiti
271 Madison Avenue,
5th floor
New York, NY. 10016
(212) 697-9767
(212) 681-6991 Fax
Email: contact@haitianconsulate-nyc.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@dfait-maeci.gc.ca
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LEGALIZATION - As of June 2006 we do not know if there will be a legalization program. For now,
SAVE ALL YOUR CHECK STUBS, PAY ENVELOPES, WAGE STATEMENTS AND OTHER PROOF OF YOUR WORK!
If you would like to receive notice if a legalization program is 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.
