La Voz May 2017 - English

FA R M L A B O R I N F O R M AT I O N B U L L E T I N

Voice of the Fields California

May 2017

FREE

Volume 27, Number 5

The H-2A Program Explained

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HE H-2A PROGRAM is a temporary agricultural program. It allows agricultural employers to bring non-immigrant foreign workers to the United States to perform agricultural labor or services of a temporary or seasonal nature, if they demonstrate that there will not be enough workers in the U.S. to do those jobs.

The U.S. defines “seasonal” work as work that is tied to a certain time of year, or tied to a pattern, such as a short annual growing cycle, and requires labor levels above what is normally required during the rest of the year. “Temporary” employment is when the employer’s need to fill the

position with a temporary worker will, except in extraordinary circumstances, last less than one year.

An employer must request H-2A certification from the U.S. Department of Labor. The department allows an employer to hire H-2A workers if it finds that there are not enough “able,

willing, and qualified U.S. workers available to perform the temporary and seasonal agricultural employment for which nonimmigrant foreign workers are being requested.” The department also must determine that the hiring of H-2A workers will not negatively impact the wages or working conditions of similarly employed U.S. workers.

An H-2A visa entitles the holder to live and work in the US temporarily.

An H-2A visa is usually granted for Continued on next page

Countries designated by the U.S. Secretary of Homeland Security as eligible to participate in the H-2A program Argentina Australia Barbados

Dominican Republic Ecuador

Hungary

Jamaica

Lithuania

Montenegro

Iceland

Japan

Macedonia

Nauru

Ireland

Kiribati

Mexico

Israel

Latvia

Moldova

The Netherlands

New Zealand Norway

Philippines Poland

Belize

El Salvador

Brazil

Estonia

Bulgaria

Ethiopia

Serbia

Canada

Fiji

Slovakia

Chile

Grenada

Slovenia

Costa Rica

Guatemala

Solomon Islands

Croatia

Haiti Honduras

Nicaragua

Papua New Guinea

Peru

Romania Samoa

South Africa

South Korea Spain Switzerland Tonga Turkey Tuvalu Ukraine United Kingdom Uruguay Vanuatu

H-2A Explained Continued from page 1

an initial period of one year, although extensions may be granted. To qualify to receive an H-2A temporary work visa, a non-immigrant foreign worker must have a temporary or seasonal offer of employment in an agricultural environment and the employer must demonstrate that the job cannot be filled by a U.S. worker. The applicant must also hold a passport from one of the following countries designated by the U.S. Secretary of Homeland Security as eligible to participate in the H-2A program (see page 1).

These eligible countries of origin are reviewed annually by the Secretary of Homeland Security and subject to change.

H-2A visa applicants may also be required to meet certain health and character requirements.

Your Rights Under the H-2A Program As noted above, the Immigration and Nationality Act (INA) allows for the employment of H-2A workers only if the employment of U.S. workers would not be adversely impacted. The Department of Labor’s regulations governing the H-2A Program also apply to the employment of U.S. workers by an employer of H-2A workers in any work included in the approved job order or in any agricultural work performed by the H-2A workers during the period of the job order where U.S. workers are engaged in corresponding employment.

These provisions not only help protect U.S. workers in these types of jobs as much

as it does the H-2A visa holders, but also serve as an incentive.

Workers receive the same benefits whether they are coming from a foreign country or reside in the U.S. The benefit for a U.S. farmworker in applying for a job being offered under the H-2A program is that H-2A jobs offer higher pay and the peace of mind that comes with the guarantees and protections offered under the job order.

To ensure that U.S. workers are not adversely impacted, , foreign WORKERS and domestic U.S. WORKERS employed under an H-2A work contract have the same following rights:

Disclosure n

To receive accurate written information about the wage, hours, working conditions, and benefits of the employment being offered, including: • The beginning and ending dates of the contract period as well as the location(s) of work; • Any and all significant conditions of employment, including payment for transportation expenses incurred, housing and meals to be provided (and related charges), specific days workers are not required to work (i.e., Sabbath, Federal holidays); • The hours per day and the days per week each worker will be expected to work; • The crop(s) to be worked and/or each job to be performed;

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• The applicable rate(s) for each

crop/job; • That any required tools, supplies, and equipment will be provided at no charge; • That workers’ compensation insurance will be provided at no charge; and • Any deductions not otherwise required by law. All deductions must be reasonable. Any deduction not specified is not permissible; n To receive this information prior to getting a visa and no later than on the first day of work; n To receive this information in a language understood by the worker;

Wages To be PAID at least twice per month at the rate stated in the work contract; n To be informed, in writing, of all DEDUCTIONS (not otherwise required by law) that will be made from the worker’s paycheck; n To receive an itemized, written STATEMENT OF EARNINGS (pay stub) for each pay period; n To be guaranteed employment for at least THREE-FOURTHS (75%) of the total hours promised in the work contract. For example, if a contract is for a 10-week period, during which a normal workweek is specified as 6 days a week, 8 hours per day, the worker would need to be guaranteed employment for at least 360 hours. n

[e.g., 10 weeks x 48 hours/week = 480 hours x 75% = 360];

Transportation To be provided or, upon completion of 50 percent of the work contract period, reimbursed for reasonable costs incurred to the place of employment for transportation and subsistence (lodging incurred on the employer’s behalf and meals); n Upon completion of the work contract, to be provided or paid for return transportation and subsistence; n For workers living in employerprovided housing, to be provided TRANSPORTATION, at no cost to the worker, between the housing and the worksite; n All employer-provided transportation must meet applicable safety standards, be properly insured, and be operated by licensed drivers; n

Additional Provisions TO BE FREE FROM DISCRIMINATION or DISCHARGE for filing a complaint, testifying, or exercising your rights in any way or helping others to do so; n Employers MUST comply with all other applicable laws (including the prohibition against holding workers’ passports or other immigration documents); n Employers and their agents, including foreign recruiters, or anyone working on behalf of the employer, MUST NOT receive payment from any worker for any costs related to obtaining the H-2A certification (such as application and recruitment fees); n Employers MUST display a poster with these rights where employees can readily see it n

Housing For any worker who is not reasonably able to return to his/her residence within the same day, to be provided HOUSING AT NO COST; n Employer-provided housing must meet applicable safety standards; n Workers who live in employerprovided housing must be offered three meals per day at no more than a DOL-specified cost, or provided free and convenient cooking and kitchen facilities; n

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Employers MUST NOT lay off or displace similarly employed U.S. workers within 60 days of the date of need for H-2A workers; n Employers MUST hire any eligible U.S. worker who applies during the first 50 percent of the approved work contract period.

California farmworkers should know they have a choice to apply for the jobs that employers are seeking to fill under the H-2A program. With H-2A jobs, workers may be eligible for higher salary, free transportation, guaranteed meals, and other benefits and protections that they may not have working for a farm that is not using the H-2A program to recruit farmworkers.

Under H-2A certification, employers must demonstrate that the job cannot be filled by a U.S. worker. One way they n

Continued on page 6

America’s Job Center of Califonia and CaLJOBS help job seekers SM

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ALIFORNIA’S EMPLOYMENT AND DEVELOPMENT Department (EDD) has many ways to help job seekers match with potential employers, including the America’s Job Center of California (AJCC) and CalJOBS . employment and strengthening their What is the AJCC? SM

AJCC is a one-stop shop for workforce services, providing a complete range of no-cost employment and training services for employers and job seekers. Most centers offer, among other resources, information about Unemployment Insurance, Disability Insurance, and Paid Family Leave benefits.

The AJCC is a collaboration of local, state, private, and public entities that provide extensive and new kinds of employment services and resources to meet the needs of California’s workforce.

The AJCC helps job seekers in getting

job skills. By using the CalJOBS web portal (see article below), job seekers can search and apply for job openings.

Many workshops and training classes are also available and job seekers can receive career guidance.

The AJCC also assists employers in finding and hiring workers like you. Via CalJOBSSM, employers can post unlimited job listings, search and screen résumés, and contact potential applicants.

As part of the federal Workforce Investment Act (WIA)—succeeded by the Workforce Innovation and OpSM

portunity Act (WIOA), a network of career center facilities was set-up across the country to aid the public in their work related needs; by creating one stop locations equipped with computers, faxes, printers, phones, copiers, in addition to, coaching, referrals to resources, and information about diverse programs - in the areas of job training, employment services, and other related support services, all available at nocost to the worker or jobseeker.. Under WIOA, the U.S. Department of Labor Employment and Training Administration, renamed the system as they unified the offerings in these career centers. Formerly named the One-Stop Career Center, the brand in California is now known as: America’s Job Center of California.

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 CalJOBS Number

Job Title

Pay Rate

Contract Dates

Positions

City of Job

Employer’s County

America’s Job Centers of California (AJCC)

15285260

Agricultural Farmworker - Onion

$12.57/Hr. or $2.15/150lb.

6/1/2017 to 8/25/2017

200

Firebaugh

Fresno

Fresno West (559) 445-5249

15231253

Agricultural Farmworker - Mix Vegetables

$12.57 /Hr.

6/11/2017 to 11/15/2017

150

Santa Maria, Nipomo

Imperial

Santa Maria AJCC (805) 348-3230

15331523

Agricultural Farmworker - Strawberry, Blackberry, Raspberry, CalVans Drivers

$12.57/Hr. (may receive bonus)

6/15/2017 to 10/15/2017

120

Monterey, San Benito and Santa Cruz

Monterey

Salinas AJCC 1-800-870-4750

15333783

Agricultural Farmworker- Harvest Tomatoes and Brussels sprouts Agricultural Farmworker -Producction and Harvest Starwberry

$12.57/hr.

6/ 20/2017 to 11/ 20/2017 6/20/2017 to 11/15/17

104

Oceanside

San Diego

63

Salinas, Chualar

Santa Cruz

Oceanside (760) 631-6150 Salinas AJCC 1-800-870-4750

6/29/2017 to 6/28/2018

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Various

Kings, Tulare, Yolo, Fresno

15326904

15270861

Herder

$12.57/hr. or $5.15/hr mas $1.25/box $1,777.98/Mo

Hanford AJCC (559) 585-3523

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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Over the past ten years, the AJCC centers have helped Californians find jobs and build careers while also helping California employers find the workers they need to build their workforce.

The AJCC network links all state and local workforce services and resources across the state and country.

The AJCC partners in California are the Employment Development Department, the California Workforce Development Board, and 49 Workforce Development Boards that administer the more than 200 job centers statewide. The AJCC centers offer Farmworkers and Migrant Seasonal Farm Workers (MSFW) services related to agricultural recruiting, including— referrals and a complaint system designed to protect their rights; in addition to other support and services available for all who qualify.

Finding an America’s Job Center of California Location Near You You can find the AJCC location nearest you by visiting www. americasjobcenter.ca.gov/ and clicking on the “Job Center Locator” link. To learn more about the services AJCC offers you can look through the website or you can call the U.S. Department of Labor toll-free helpline at 1-877-US2-JOBS (1-877-872-5627).

CalJOBS

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While the AJCC is a physical network of resources with more than 200 job centers across California, CalJOBS is a virtual system that helps job seekers and employers navigate the California’s workforce services. This online computer matching system allows users to easily search for jobs, build résumés, access career resources, find qualified candidates for employment, and get information on education and training programs. It offers tools for job seekers; tools for employers; tools for EDD staff to assist both employees and employers; and tools for third parties who may be able to offer resources, such as stakeholder groups, colleges and universities, and businesses and business groups, to help connect them all.

If you are a job seeker, CalJOBS provides online access to employment services 24 hours a day, 7 days a week, from any location with Internet access. CalJOBS offers equal access for monolingual Spanish speakers, as well as customers who are visually impaired. Job postings ranging from the entry level to the executive level can be found online.

Another benefit of using CalJOBS is that you can create automatic job alerts that match your skills and interests. CalJOBS can conduct your job search for you and notify you of any job matches by email or text.

The system provides you with userfriendly options to access information about the local labor market, includSM

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ing salaries and economic data. The system also can track and manage all your job search activity. The best part is there is NO FEE to use CalJOBS .

It’s free to all.

Visit www. caljobs.ca.gov to complete the online application and create your own login information to begin looking through thousands of job openings statewide.

If you do not have Internet access, visit the nearest America’s Job Center of California (see article above) where computers are available for your use.

After you register in CalJOBS , you can look for jobs while on the go with the CalJOBS mobile app on your iPhone or Android device. The app is available on the Apple App Store and Google Play.

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Voice of the Fields California Circulation: 45,000 copies

www.LaCooperativa.org Published monthly by: La Cooperativa Campesina de California 1107 9th Street, Suite 420, Sacramento, CA 95814 Phone 916.388.2220 Fax 916.388.2425 This product was funded by the U.S. Department of Labor’s Employment and Training Administration.

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Understanding Paid Family Leave

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N CALIFORNIA, PAID FAMILY LEAVE (PFL) provides up to six weeks of partial pay 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. Benefits are also available to new parents who need time to bond with a new child entering their life either by birth, adoption, or foster care placement.

Approximately 18.1 million California workers are covered by the Paid Family Leave program, which is funded through mandatory employee payroll deductions.

Eligible workers can receive up to 55 percent of their previous weekly earnings (maximum reimbursement amount is $1,173 per week) for up to six weeks within any 12-month period.

To receive benefits, you must: n File a claim for PFL benefits using SDI Online (www.edd.ca.gov/Disability/ SDI_Online.htm) or by mail. (State of California, Employment Development Department, P.O. Box 989315, West Sacramento, CA 95798-9315) n Serve a seven-day, unpaid waiting period unless you are a new mother transitioning from a Disability Insurance pregnancy-related claim. n Have at least $300 in wages that are subject to SDI contributions (look for “SDI” on your paystubs) during the 12-month base period of your claim. n Provide proof of relationship for bonding claims (birth certificate or record, adoption paperwork, etc.). n Have the physician/practitioner of the care recipient (your seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse or registered domestic partner)

certify to the disability by completing the “Physician/Practitioner’s Certification” for care claims.

Some people may get confused about the difference between California’s Paid Family Leave Act and the Federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA). FMLA and CFRA are leave laws that allow you to take unpaid leave from your job to care for yourself, family members who are ill, or children who are unable to take care of themselves. PFL does not change either law in any way and is separate from them.

PFL provides up to six weeks of paid benefits to you when you have a wage

loss when taking time off work to care for a seriously ill family member or bond with a new child.

For more information about the FMLA, visit the Department of Labor’s website (www.dol.gov/whd/fmla/index.htm) or call 1-866-487-2365.

For more information about the CFRA, visit the California Department of Fair Employment and Housing’s website (www.dfeh.ca.gov/resources/ frequently-asked-questions/employment-faqs/pregnancy-disability-leavefaqs/pdl-cfra-fmla-guide/) or call 1-800-884-1684.

Read more about Eligibility Requirements on the EDD website to find out if you qualify for PFL. www. edd.ca.gov/Disability/Am_I_Eligible_for_PFL_Benefits.htm To get started on a PFL claim, visit the Options to File for PFL Benefits page. www.edd.ca.gov/Disability/Options_to_File_for_PFL_Benefits.htm

H-2A Explained Continued from page 3

do so is advertising job openings they are trying to fill in local newspapers, through sites like CalJOBSSM (www.caljobs.ca.gov) or America’s Job Center of California (www.americasjobcenter.ca.gov). La Voz del Campo also publishes job listings in this publication.

Workers, whether they are H-2A workers or U.S. workers, who believe their rights under the program have been violated, may file confidential complaints by visiting: www.dol.gov/whd/howtofilecomplaint.htm.

You can also call the U.S. Department of Labor’s Wage and Hour Division if your employer does not do what is outlined above, or even if you have questions, at 1-866-487-9243. It is illegal for you to be fired or retaliated against for contacting them or exercising your rights. Services are free and confidential.

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