La Voz del Campo - December 2018 - English

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I N F O R M AT I O N

B U L L E T I N

Voice of the Fields California

December 2018

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Volume 28, Number 12

New Labor Laws Effective in 2019

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GRICULTURAL EMPLOYERS AND EMPLOYEES in California face unique workplace challenges due to the outdoor and seasonal nature of many jobs. They still must comply with California’s stringent employment laws. In 2018, Governor Brown signed several laws impacting California employers and employees. Following is a summary of some of the key new laws that will affect agricultural workers in 2019. and that it issue a citation for employer AB 1976 violations of recordkeeping requirements.

Lactation Accommodation (Effective January 1, 2019) AB 1976 Employers must make a temporary lactation location available to employees if they are unable to provide a permanent lactation location because of operational, financial or space limitations. The temporary location must be private and free from intrusion while an employee expresses milk, the temporary location is used only for lactation purposes while an employee expresses milk, and the temporary location meets the requirements of state law concerning lactation accommodation.

AB 2334 Occupational Injuries And Illness: Employer Reporting Requirements: Electronic Submission

(Effective January 1, 2019) Existing rules require that the Division of Occupational Safety and Health enforce all occupational safety and health standards

Currently, the Division is prohibited from issuing a citation more than six months after the “occurrence” of the violation.

AB 2334 provides, among other things, that an “occurrence” continues until it is corrected, the Division discovers the violation, or the duty to comply with the requirement that was violated no longer exists.

AB 2587 Disability Compensation: Paid Family Leave

(Effective January 1, 2019) Paid Family Leave provides benefits to employees who need to take time off work to care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. Under Paid Family Leave, benefits are also available to new parents who need time to bond with a new child entering their lives either by birth, adoption, or foster care placement. Prior to January 1,

2018, an employee was eligible for benefits if, among other things, the employee was unable to perform his or her regular or customary work for a seven-day waiting period during each disability benefit period; but the employee was not entitled to payments for benefits during this waiting period. As of January 1, 2018, this sevenday waiting period was eliminated.

Further, currently, an employer is permitted to require an employee to take up to two weeks of earned but unused vacation before, and as a condition of, the employee’s initial receipt of benefits under Paid Family Leave, and that portion of the vacation that does not exceed one week can be applied to the waiting period.

AB 2587 deletes the application of vacation to the seven-day waiting period, consistent with the removal of the sevenday waiting period for these benefits that previously went into effect on January 1, 2018. There is otherwise no change and an employer is still permitted to require an employee to take up to two weeks of vacation.

AB 2610 Meal Periods – Commercial Drivers

(Effective January 1, 2019) AB 2610 authorizes a commercial driver employed by a motor carrier to commence the meal period after six hours Continued on next page

of work if the driver is transporting nutrients and byproducts from a licensed commercial feed manufacturer to a customer located in a remote rural location, and the regular rate of pay of the driver is no less than one and one-half times the state minimum wage and the driver receives overtime compensation in accordance with specific provisions of existing law.

AB 3109 makes a provision in a contract or settlement agreement which waives a party’s right to testify in an administrative, legislative or judicial proceeding concerning alleged criminal conduct or sexual harassment, void and unenforceable.

AB 2770 Privileged Communications: Communications By Former Employer: Sexual Harassment

(Effective January 1, 2019) Currently, the Department of Fair Employment and Housing (DFEH) is the state agency charged with enforcing California’s civil rights laws.

SB 224 makes, among other things, the DFEH responsible for the enforcement of sexual harassment claims. The California Fair Employment and Housing Act (FEHA) protects against discrimination or harassment on account of various personal and protected characteristics. And makes it an unlawful practice to deny or aid, incite or conspire in the denial of rights of persons related to sexual harassment actions.

(Effective January 1, 2019) Existing law authorizes an employer to inform a prospective employer whether or not the employer would rehire the employee.

AB 2770 amends Section 47 to add among those privileged communications the following: 1. Complaints of sexual harassment by an employee -- without malice -- to an employer based on credible evidence; 2. Communications between the employer and interested persons -- without malice -- regarding a complaint of sexual harassment; 3. Communications by the employer -without malice -- whether the employer’s decision to not rehire the employee is based on the employer’s determination that the former employee engaged in sexual harassment.

AB 3109 Contracts: Waiver Of Right of Petition Or Free Speech (Effective January 1, 2019)

SB 224 Personal Rights: Civil Liability And Enforcement

SB 820 Settlement Agreements: Confidentiality

(Effective January 1, 2019) SB 820 makes a provision in a settlement agreement, entered into on or after January 1, 2019, preventing the disclosure of the factual information relating to the following civil and/or administrative claims, void as a matter of law and against public policy: workplace harassment or discrimination based on sex, failure to prevent an act of workplace harassment or discrimina-

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tion based on sex, retaliation against a person for reporting harassment or discrimination based on sex, harassment or discrimination based on sex, retaliation against a person for reporting harassment or discrimination based on sex.

This bill expressly allows at the request of the claimant, that the settlement agreement include a provision that shields the identity of the claimant and all facts that could lead to the discovery of his or her identity and that the settlement agreement include a provision that shields the disclosure of the amount paid in settlement of a claim.

SB 826 Corporations: Boards of Directors

(Effective January 1, 2019) SB 826 requires that by December 31, 2019, a publicly held corporation (whether domestic or foreign) whose executive offices are located in California to have a minimum of one female director on its board of directors. Subsequently, no later than December 31, 2021, this bill increases that required minimum number to two female directors if the corporation has five directors or to three female directors if the corporation has six or more directors.

This bill also requires that by July 1, 2019, the California Secretary of State publish a report on its website documenting the number of corporations that have at least one female director. Further, this bill requires that by March 1, 2020, and annually thereafter, the Secretary of State publish a report on its website.This bill also provides that the Secretary of State may adopt regulations to implement this section and

may impose hefty fines for violations.

SB 970 Human Trafficking Awareness: Hotel And Motel Employers

(Effective January 1, 2020) Under FEHA, employers with 50 or more employees must provide at least two hours of training and education regarding sexual harassment to all supervisors and managers every two years or within six months of the employee being promoted to a supervisory position.

SB 970 amends FEHA to require employers in the hotel and motel industry (excluding bed and breakfast inns) to provide at least 20 minutes of training and education regarding human trafficking awareness to employees who are likely to interact or come into contact with victims of human trafficking. The schedule for compliance begins on January 1, 2020, and continues every two years thereafter.

SB 1123 Disability Compensation: Paid Family Leave – Military Service

(Operative January 1, 2021) Operative on January 1, 2021, SB 1123 expands the scope of Paid Family Leave, also known as California’s disability insurance program, to include time off to participate in a qualifying exigency related

J A N UA RY

DATES TO REMEMBER

Radio Bilingüe Wednesday January 23 10 am & 4 pm

to the covered active duty, or call to covered active duty of the individual’s spouse, domestic partner, child or parent in the armed forces of the United States.

SB 1252 Wages: Records: Inspection And Copying

(Effective January 1, 2019) This bill requires that employers provide employees the right to “receive a copy” of employment records and not just the right to “inspect or copy records” as currently required under Labor Code Section 226.

SB 1300 Unlawful Employment Practices: Discrimination And Harassment

(Effective January 1, 2019) Under SB 1300, employers can now be responsible for the acts of nonemployees with respect to any harassment activity prohibited by FEHA, i.e., harassment based on but not limited to, race, religious creed, color, national origin and ancestry.

Employers also provide bystander intervention training to their employees, i.e., training that would include information and practical guidance on how to enable bystanders to recognize potentially problematic behaviors and to motivate bystanders to take action when they observe these behaviors.

This bill also prohibits employers, in exchange for a raise or bonus, or as a condition of employment, from: 1. Requiring the execution of a release of a claim or right under FEHA; 2. Employer sign a non-disparagement agreement or other document that pur-

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ports to deny the employee the right to disclose information about unlawful acts in the workplace, including, but not limited to, sexual harassment.

SB 1343 Sexual Harassment Training: Requirements

(Effective January 1, 2020) SB 1343 expands sexual harassment training requirements to employers who employ five or more employees. By January 1, 2020, and once every two years thereafter, such employers are required to provide at least two hours of sexual harassment training to all supervisors and managers, and at least one hour of sexual harassment training to all nonsupervisory employees.

This bill also requires the DFEH to: 1. Develop or obtain one-hour and twohour online training courses on the prevention of sexual harassment in the workplace; 2. Make existing sexual harassment informational on the DFEH’S website.

SB 1412 Applicants For Employment: Criminal History (Effective January 1, 2019) This bill specifies that employers are not prohibited from asking an applicant about, or seeking from any source information regarding, a particular conviction of the applicant if: 1. Employers are required to obtain information regarding the particular conviction of the applicant, regardless of whether the conviction has been

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Family Finances 101

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O WE KNOW where all our money is going every month? Little spending here and there, may add up over time and cause to lose a sizable amount of our money by the end of a year. We can control our spending to avoid losing money on unnecessary charges for services that do not contribute to our financial needs and goals.

One-way some California’s workers lose money without even spending it, is by paying high fees just to cash their paycheck. For example: Any average worker cashing a check at a local Walmart in 2018 had to pay some fees based on the amount of the check: For checks up to and including $1000: $4.00 and for checks over $1000 up to and including $5000: $8.00.

Based on the previous, on a yearly 26-paycheck pay schedule (getting paid every other week), an average family of 4 paid approximately $208.00 a year in fees for cashing paychecks.

Other check cashing places providing checkcashing services in 2018 charged on average a minimum of about 4.11% (varies by state) of the total amount of the check.

Using the 4.11 percent check-cashing rate example, a U.S. California family earning the median household income of approximately $48,000 (per family of 4 in 2018) paid around $1,900.00 a year, just to cash their check.

A way to avoid paying high fees to cash a check is to open a bank checking account. Many banks and credit unions offer free or low cost checking that would save money that could be budgeted for other family needs.

Opening a checking account — also called a “share draft” account at credit unions — is easier than you might expect. Perhaps the hardest part of the process is determining which type of checking account is suitable for your needs. Following is a reference guide to assist you. You can complete your account application online or, if you’d prefer, you can visit a local branch of the bank or credit union you have chosen.

Before You Apply

1. Identify Your Needs: The right checking account corresponds to your individual needs and usage habits. So, before applying, ask yourself the following questions:

to deposit your earnings, pay bills electronically, write checks, transfer money, make everyday purchases, or all of the above? branch or ATM network near your home, work, or school? Or, could you get by doing most of your banking online and over the phone? Do you want to have access to your own banks’ branches and ATMs when traveling? your account? minimal fees? ance earn interest?

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accounts.

3. Determine Who Will Have Access to the Account: If you share personal finances with someone, you might also consider opening a joint checking account that you both can access.

In your application, you would simply choose the option for joint checking and provide information for each co-owner.

Opening a Checking Account

Most banks and credit unions give you a choice between setting up an account online or visiting a nearby branch to open your account the oldfashioned way. Whichever you choose, opening an account follows the same general steps: 1. Gather Your Application Materials: Before you can complete an application, you’ll need the following three things: in person, most banks require two forms of identification such as a Social Security card, driver’s license, state ID, passport or birth certificate. If you are not a U.S. citizen, you may be able to open an account with identification issued from your home country. To apply online, you’ll need to supply your Social Security number, date of birth and the number of a government-issued ID like a driver’s license. If you’re applying for a joint account, both accountholders will need to provide identification.

such as those designed for students, seniors, or members of the military?

2. Compare Financial Institutions and the Types of Checking Accounts They Offer: person, bring a lease or utility bill with your Find the best account for your own banking name and current address. needs. Each financial institution’s website will also have details on the Here’s a quick list of some of the fees and features you may want to compare checking accounts they ofacross accounts to find the financial institution that offers the most relevant fer. services for you at the lowest cost: As you review your options, Costs Features Requirements don’t overlook credit unions Limits on the number Minimum and online banks. Credit unions Monthly service charges or maintenance fees of transactions opening deposit are member-owned non-profits Wait time for deposits Minimum balance Overdraft or that serve people who share an nonsufficient funds fees to be credited affiliation.

Debit/ATM card fees Check-writing privileges Direct deposit Online institutions have few if any brick-and-mortar Electronic banking Low minimum branches, so you may not have balance fees options such as bill pay the option of banking in person.

Online banking fees Overdraft protection In return, you’ll generally get Printed checks fees lower fees and higher interBalance inquiry fees est yields on interest-bearing

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opening deposit for a basic checking account is between $25 and $100, although it may higher for interest-bearing accounts. If you open your account online, you can pay with a credit card, debit card or an electronic transfer from a savings or checking account at another institution.

Complete an Application: Simply go to the application page on the institution’s website or visit a branch location. Afterward, the institution will review your information. Typically, the bank will run a special credit check that provides information on your past banking history to determine whether to approve your account.

If approved, you should receive documents that bear your new account number and routing number as well as other important account information.

Sign a Signature Card/Account Documents: This is the card to which your signature will be matched every time you write or deposit a check.

With many online-only institutions, you’ll be able to sign your paperwork electronically but some may require you to visit a physical branch to sign the signature card or to mail or fax documents.

Make Your Opening Deposit: Depending on how you make this payment, there may be a hold of a few days before your funds are available for writing checks, making withdrawals or making debit card purchases.

Receive Your Account Tools: Once your application is finalized, your deposit is made and your account set up by the bank or credit union, you will receive in the mail a set of personalized checks, deposit slips and, in most case, either a debit card or an ATM card. You will need to activate your debit/ATM card and set up online account access.

Set Up Direct Deposit: Arranging to have payroll or government checks directly deposited to your account is often required to avoid monthly fees or to get other benefits. If you have chosen an account that requires direct deposit or simply want to take advantage of this convenience, you’ll need to talk to the payroll department at your employer, for example, to get the direct deposits started.

Sources: wallethub.com/edu/how-to-open-a-checking-account/10299/

Preventing DUIs

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VERY 30 MINUTES someone in America dies because of an impaired driver, and every two minutes someone is injured by an impaired driver.

Everybody is at risk, including you and your family and friends.

Driving Under the Influence, DUI Prevention The message behind campaigns aimed at eliminating DUI is simple: make the right choice— don’t drink and drive. As simple as it sounds, thousands of Americans continue to make wrong choices every year. Oftentimes, their decision to drink and drive results in the injury or death of themselves or another. But this loss extends beyond the pain inflicted upon friends and family.

Everyone pays for impaired driving with higher taxes, higher health care costs, and higher insurance premiums.

The Facts about Alcohol Impairment

It is common knowledge that alcohol impairment contributes to traffic collisions; however, most people believe that drivers must be “drunk” to be considered a hazard behind the wheel.

Actually, the probability of a collision increases with any driver who has a Blood Alcohol Content (BAC) higher than zero. This probability substantially increases when a driver’s BAC reaches 0.08 percent. Although a person may appear sober, if they have consumed any amount of alcohol, their ability to safely operate a motor vehicle has usually been impaired. Although alcohol-related collisions tend to peak at night and during the weekend, they can and do occur at all hours of the day and involve individuals from all walks of life.

You Drink & Drive, You Lose

Reducing alcohol-related traffic deaths is one of National Highway Traffic Safety Administration’s (NHTSA) top priorities because impaired driving crashes are preventable. Your participation in the “You Drink & Drive, You Lose,” campaign is easy: the streets.

This can start right at home by talking openly to your children. they don’t appear to be impaired. behavior.

How You Can Intervene - Get the Keys: If someone you know has been drinking and is about to drive, make every effort to stop them. If possible, take their car keys away, you may save a life. The following tips may help: drive them home. ence will probably not be receptive to a confrontation. (i.e., “Hey man, I wouldn’t drive if I were you, you might run a cat over or something.”)

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They will be forced to find alternative transportation.

Source: www.elkgrovepd.org/community/crime_prevention/crime_prevention_tips/vehicle_and_traffic_tips/dui_prevention

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EDDResources Resources EDD

New Laws

Continued from page 3

expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation; 2. The applicant would be required to possess or use a firearm in the course of his or her employment; 3. An individual with that particular conviction is prohibited by law from holding the position sought, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.

Sources: www.wga.com/magazine/2012/02/16/new-californiaemployment-laws-2018 www.jdsupra.com/legalnews/new-california-employmentlaws-will-52545/ www.drinkerbiddle.com/insights/publications/2018/10/ summary-of-key-new-california-laws-for-2019

Voice of the Fields

www.edd.ca.gov Workforce Services General Questions/ AJCC Locator ...............(916) 654-7799 CalJOBSSM ....................... 1-800-758-0398 Monitor Advocate, Toll Free hotline to report Employment or Service related complaints ....................1-866-289-8356 EDD Unemployment Insurance English: ...........................1-800-300-5616 Spanish: .........................1-800-326-8937 Disability Insurance English............................ 1-800-480-3287 Spanish ...........................1-866-658-8846 Paid Family Leave English............................ 1-877-238-4373 Spanish .......................... 1-877-379-3819

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www.LaCooperativa.org Published monthly by: La Cooperativa Campesina de California 1107 9th Street, Suite 420, Sacramento, CA 95814 This product was funded by the U.S. Department of Labor’s Employment and Training Administration. of the authors and does not necessarily reflect the official position of the U.S. Department 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.

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Agricultural Jobs available to U.S. workers under H-2A contract

You may apply for these jobs by phone or in person at your nearest Employment Development Department (EDD) field office Job Number

Job Title

Crop/ Livestock

Pay Rate

Start Date

End Date

Positions

County

America’s Job Centers of California (AJCC)

16326036

Farmworker

Lemon Avocado

$13.92/hr.

1/15/19

11/15/19

40

Monterey

Salinas AJCC 831-796-3600

16321842

Farmworker

Iceberg lettuce

$13.92/hr..

02/01/19

11/30/19

50

Santa Clara,San Benito, Monterey

Salinas AJCC 831-796-3601

16304930

Farmworker

Wine Grapes

$13.92/hr.

1/15/19

11/15/19

42

San Luis Obispo, Santa Barbara

Santa Maria AJCC 805-614-1550

16305600

Farmworker

Lemon, Avocado, Orange

$13.92/hr.

01/15/19

07/15/19

30

Ventura

Various

Beekeepers

Bees

$13.92/hr.

Continuous Continuous

Various

California and Western States

Call your local AJCC or dial 1-916-654-7799 to find your nearest office

Various

Herders

Sheep

$2,133.52/monthly 26 +, employees $1,955.74/month 25 -, employees

Continuous Continuous

Various

California and Western States

Call your local AJCC or dial 1-916-654-7799 to find your nearest office

805-288-8400”

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.

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