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

The Rising Minimum Wage With a rising cost of goods and services it has become more

difficult to live in California. This raise is intended to put more money in the pockets of hardworking Californians to provide

food, clothes, and housing for their families- which, in turn, will generate consumer spending for a boost to the economy.

May 2015 FREE Volume 25, Number 5

Governor Jerry Brown signed legislation (AB 10) in 2013 that would increase California’s minimum wage incrementally, the state’s first increase in six years. The measure raised the $8 minimum wage to $9 in July of 2014 and to $10 effective January 1, 2016.

California is the first state to implement a $10 per hour minimum wage, which is considerably higher than the current federal minimum wage of $7.25 per hour. While most employers in California are subject to both the federal and state minimum wage laws, the employer must follow the stricter standard; the one most helpful to the employee. Accordingly, all employers in California who are subject to both laws must pay the higher California minimum wage rate unless their employees are exempt.

Certain California cities may impose an even higher minimum wage or adjust their minimum wage more frequently. For example, San Francisco’s current minimum wage rate is $10.55 per hour. San Jose’s

minimum wage rate also increased to $10.30 per hour effective January 1, 2015.

While the business community has expressed its concerns with the sudden increase, it remains a requirement, and businesses should be planning for the implementation.

Employers should review their compensation policies for all employees—hourly, salaried and exempt—to ensure timely compliance with the new changes in California’s minimum wage.

EnforcementIn California, the Department of

Industrial Relations, manages the state’s labor and workplace safety and health laws. The Division of Labor Standards Enforcement (DSLE) handles wage claims on behalf of workers who file claims for nonpayment of wages, overtime, or vacation pay.

These protections include the right to the new minimum wage and enforcing the employment laws on

behalf of all California workers stating:

“[The Department] will not question workers about their immigrant status. The department will:• Process all wage claims without

regard to a worker’s immigration status

• Hold hearings to recover unpaid wages and represent workers without regard to the worker’s immigration status

• Investigate retaliation complaints and file court actions to collect back pay owed to any worker who was the victim of retaliation for having complained about wages or workplace safety and health, without regard to the worker’s immigration status

• Vigorously enforce the state’s employment laws to protect all California workers”.

If you are unsure whether you want to file a complaint and wish to learn more about your rights, call the state labor commissioner’s public information line or visit your local office. Find your local office by visiting their website: https://www.dir.ca.gov/DLSE/districtoffices.htm

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 14347186 Farmworker, Tomato $11.33 6/1/2015-11/15/15 100 Oceanside San Diego Oceanside WS (760) 414-3582

2 14379466 Farmworker, Multiple Crops

$11.33 7/15/2015-09/15/15

120 Gilroy/multi cities

Santa Clara/San Benito/Stanislaus

Hollister WS (831) 638-3306

3 14259242 Farmworker, Strawberry/Chile Peppers/Squash

$11.33 3/9/2015-11/30/15 125 Santa Maria Santa Barbara Santa Maria WS (805)614-1550

4 14356733 Farmworker, Strawberry

$11.33 6/15/2015-11/02/15

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

5 14277230 Farmworker, Lettuce $11.33 4/11/2015-11/06/15

100 Salinas & Various

Monterey Salinas WS (831) 796-3600

6 14352397 Farmworker, Strawberry

$11.33 6/7/2015-09/20/15 150 Salinas Monterey Salinas WS (831) 796-3600

7 14371983 Farmworker, Strawberry/Blackberry

$11.33 7/6/2015-11/02/15 150 Salinas/Watsonville

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

8 13898523 Sheep Herder $1,600.34 on-going 264 California and Western States

Sacramento All Selected EDD WSB Offices

Transportation Safety: Carpooling to work

As picking season starts up, larger numbers of farm workers will be traveling to work. Faced with a low income and the high cost of living, workers understandably have limited options when it

comes to being able to afford a car, insurance, maintenance and fuel.These constraints on transportation

options push excess groups of farm work-ers to travel in dangerous conditions or ride with a raitero. Raiteros services are often unauthorized, charge outrageous and inconsistent prices, practice danger-ous driving, and operate unsafe vehicles.

In the 1990s, the number of fatal accidents involving vans transporting farm workers skyrocketed. This crisis prompted legislation to establish strict-er farm labor vehicle requirements and appropriated funding for safer transpor-tation options for farm workers.

Now in 2015, progress has been made. Certain counties offer transpor-tation programs with access to safe, convenient and affordable forms of transportation. A more progressive step was the passage of the AB 60 Driv-ers license bill allowing undocumented workers to obtain their licenses and practice safer driving.

Not complying with these transpor-tation basics isn’t worth the price of trouble with the law and never worth risking your life. Given the history and facts we now know, learn about and

join the hundreds of agricultural work-ers that vanpool to work.

Programs like CalVans provide vans and available routes for Califor-nia counties including: Fresno, Kern, Kings, Madera, Merced, Monterey, Napa, San Benito, Santa Barbara, Santa Cruz, Tulare, Imperial and Ventura.

Contact the CalVans representative, Gustavo Banda at 559-852-2706.

If you’re in Mendocino County, call the Transit Authority at 1-800-696-4MTA.

If you live and work in California outside the listed counties, we invite you to contact the California Van-pool Authority at 866-655-5444 to determine the availability of bringing CalVans to your area.

Child Passenger Safety: Car Seats

A basic necessity for babies is a safe and reliable car seat. Car seats can be expensive, depending on which type of car seat parents are looking at buying. Infant, rear-facing only carriers can cost as

little as $50 and be as expensive as $200. A $50 car seat can still be a lot for some parents on a constrained budget, but these cheaper car seats still meet safety requirements.

While costs can be concerning, the most frightening fact is that Motor Vehicle Crashes are the #1 cause of fatal injury for children. Selecting a safe car, minivan or SUV, plus correctly using child restraints and seatbelts may be the most important thing you can do to protect your family.

Based on the strong evidence of their effectiveness, car seat laws are in place to increase restraint use and decrease inju-ries and deaths to child passengers. The California Child Restraint Law states:

“Children under age 8 must be properly buckled into a car seat or booster in the back seat” and

“Children age 8 or older, or who are 4’9” or taller, may use the vehicle seat belt if it fits properly with the lap belt low on the hips, touching the upper thighs, and the shoulder belt crossing the center of the chest. If children are not tall enough for the proper belt fit, they must ride in a booster or car seat.

Further car seat enforce-ment is supported by The Vehicle Occupant Safety

Program (VOSP). The VOSP, part of the California Department of Public Health, strives to prevent injuries and deaths to infants and toddlers in California by increasing the use, and correcting misuse, of child safety seats.

Know the stagesMake sure children are properly

buckled up in a car seat, booster seat, or seat belt, whichever is appropriate for their age, height and weight. Check the seat’s owner’s manual/and or labels for clarification.*

Birth up to Age 2: Rear-facing car seat. Infants and children should be buckled in a rear-facing car seat, in the back seat, until age 2 or when they reach the upper weight or height limits of their particular seat.

Age 2 up to at least Age 5: Forward-facing car seat. When children outgrow their rear-facing seats they should be buckled in a forward-facing car seat, in the back seat, until at least age 5 or when they reach the upper weight or height limit of their particular seat.

Age 5 up until seat belts fit properly: Booster seat. Once children outgrow their forward-fac-ing seat, they should be buckled in a belt positioning booster seat until seat belts fit properly. Seat belts fit properly when the lap belt lays across the upper thighs (not the stomach) and the shoulder belt lays across the chest (not the neck).

Once Seat Belts Fit Properly without a Booster Seat: Seat Belt Children no longer need to use a boost-er seat once seat belts fit them properly. Seat belts fit properly when the lap belt lays across the upper thighs (not the stomach) and the shoulder belt lays across the chest (not the neck). The recommended height for proper seat belt fit is 57 inches tall. For the best possible protection keep children prop-erly buckled in the back seat.* Adapted from the Centers for Disease Control and Prevention

Continued on next page

IMPORTANT CHANGES Car Safety Seat Law

Children under age 8 must be properly buckled into a car seat or booster in the back seat.

Children age 8 or older, or who are 4’9” or taller, may use the vehicle seat belt if it fits properly with the lap belt low on the hips, touching the upper thighs, and the shoulder belt crossing the center of the chest. If children are not tall enough for proper belt fit, they must ride in a booster or car seat.

Everyone in the car must be properly buckledup. For each child under 16 who is not properlysecured, parents (if in the car) or drivers can befined more than $475 and get a point on theirdriving records.

Seat belt fits with booster seat

Lap belt stays across hips

Shoulder belt crosses center of chest

Keep your children safe. It’s the law!

Note: Backless booster seats cost as low as $15; high-backbooster seats cost between $20 and $150.

For answers to your child safety seat questions, contact your local health department or visit cdph.ca.gov/vosp

Car SeatsContinued from previous page

There are several places that of-fer free car seats to parents who are in need. Places like your local WIC (Women, Infants and Children) office and your local police and fire depart-ments are places you can check for free car seats. You can also ask them to refer you to the nearest location that does offer free car seats.

The VOSP also manages a “Who’s Got Car Seats?” directory and regularly up-dates this information on the VOSP web-site at cdph.ca.gov/vosp (no “www”).

Executive Actions on Immigration

UPDATE: Due to a federal court order, USCIS will not begin accepting requests for the expansion of DACA as originally planned and has suspended implementation of Deferred

Action for Parents of Americans and Lawful Permanent Residents. The court’s temporary injunction, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the original guidelines. La Voz will make efforts to periodically inform our readers on updates for immigration reform in America.

President Barack Obama’s executive actions would have taken effect in late May if not for the hold on them by a Texas district court case in February.

Deportation Relief Won’t Be Settled Until November 2016Even if Obama were to win the case, he might only secure a 12-18 month of deportation

relief for eligible immigrants before the next president, who could reverse his orders, is sworn into office.

DAPA Applications Are Not Available, But Immigrants Can Prepare For Them Now

“DAPA or expanded DACA may begin to collect documents to prove they have been pres-ent in the United States since January 2010. Such documents include: receipts, bills, bank statements, and other legitimate documents of that type. Also be aware that there will likely be a filing fee.

ON NOVEMBER 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and

require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

These initiatives include:

Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.

Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Ameri-cans and Lawful Permanent Residents* program, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks.

Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.

Modernizing, improving and clarifying immigrant and nonimmigrant visa programs to grow our economy and create jobs.

Promoting citizenship education and public awareness for lawful permanent residents and pro-viding an option for naturalization applicants to use credit cards to pay the application fee.

*Adapted from the U.S. Citizenship and Immigration Services website*

Voice of the Fields

California Circulation: 45,000 copies

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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.