Agricultural workers who are currently in the State of California are protected under the federal Migrant and Seasonal Farmworkers Protection Act. Two agencies in California offer these protections: the Wage and Hour Division and the Occupational Safety and Health Administration (OSHA). Each of them enforces different rights:
#1 Wage and Hour Division
The Wage and Hour Division enforces the following rights:
- The right to information: During recruitment, you are entitled to receive factual information about wages and working conditions in a language you understand.
- The right to be paid: You must be paid on time and provided with an itemized statement of the earnings and deductions that apply for each earning period. In California, the current minimum wage is $14 per hour for all employers with 26 or more employees. For employers who have less than 26 employees, the state minimum wage is $13 per hour.
- You should be paid for all hours starting from the moment you arrive at your job site.
- The right to safe transportation: If your employer provides you with transportation, the vehicle should be safe, insured, and operated by a licensed driver. If you are charged a fee for the transportation service, you should have been warned before this amount is deducted from your payment.
#2 OSHA
The Wage and Hour Division enforces the following rights:
- The right to breaks: Farm work is often completed under the sun, and temperatures can get very high. You have the right to a 15-minute break in the shade every hour to avoid heat-related illnesses.
- The right to safe housing: Due to the nature of the work, it’s common for farmworkers to rely on employer-provided temporary housing. Your accommodation must provide shelter (solid walls and ceiling), clean water supply, working toilets, lightning, trash disposal, a place to cook and eat, pest control, and first aid.
- The right to potable drinking water: While working, you are entitled to access potable drinking water that meets the U.S. Environmental Protection Agency’s National Primary Drinking Water Regulations. The water must be clean and safe for drinking.
If you have concerns about your working conditions, contact Proxy Law Firm to receive the legal help you deserve!
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