Agriculture plays a significant role in California’s economy, and the agriculture sector has provided many job opportunities. Most workers in this sector are seasonal, especially immigrant farmworkers. Farmworkers are found everywhere in America, playing a significant role in the multi-billion-dollar agriculture industry. Unfortunately, most farmworkers experience challenges that affect them directly or indirectly. A significant portion of these challenges involves wage theft, unpaid overtime, and unsafe working conditions.

At Stop Unpaid Wages, we have experienced attorneys who help farmworkers handle different industry issues and uphold their rights in California.

The Challenges Farmworkers Face

The common problems that farmworkers face in California include:

  1. Low Wages

Farmworkers engage in a wide range of activities, including planting, weeding, and harvesting crops. They ensure that there is sufficient food in the country and for export. Unfortunately, many farmworkers receive low compensation relative to the demanding nature of their work. The National Agricultural Workers Survey (NAWS) reveals that 30% of farmworkers' income level is below the national poverty line.

  1. Unpaid Wages

The National Agricultural Workers Survey reveals that 83% of farmworkers are paid per hour, 11% are paid by the piece, and 6% have salaries or have other methods of payment. Some farm owners or employers fail to pay their workers on time or fail to pay them at all. The implementation of labor laws is feeble, and at worst, farmworkers are not paid, they are underpaid, or they work as slaves. Farmworkers have a right to overtime pay and minimum wage, but cases of forced overtime and unpaid wages for overtime are common.

  1. Separation And Isolation

Most farmworkers, migrant and seasonal, are separated from their families when they leave their homes seeking employment. Many immigrant farmworkers have been forced to remain in the United States because of the immigration policies. Migrant farmworkers also suffer various social injustices. They report discrimination, harassment, and prejudice due to their immigration status and transient employment.

Migrant farmworkers are also made to work for long hours, which causes stress, anxiety, depression, and other mental health issues.

Important Labor Law Changes For California’s farmworkers

California is among the agricultural states in the United States. The agriculture sector is slowly embracing advanced farming practices to meet future demands and challenges. New farming methods being adopted include precision agriculture, moisture sensors, and soil mapping. The good news is that farm labor laws have evolved despite the rush for innovation. The changes aim at improving productivity and workforce morale. Most agriculture farms have complied with the changes to avoid running afoul of California’s Labor Enforcement Task Force. The crucial regulatory changes that employers and farm owners must be cognizant of include:

Changes To Shield Undocumented Migrant Workers

Most farmworkers in California are undocumented migrants. The agricultural sector in the state thrives because of these workers. Sadly, undocumented migrant farmworkers are often targets of abuse and discrimination by employers. While H-2A workers face challenges, undocumented workers are often more vulnerable due to their lack of legal status. However, it is hard to replace undocumented migrant workers with H2A workers. This is challenging because there are few H2A agricultural worker visa holders in California.

Undocumented farmworkers have a right under the modified labor laws. These laws have created an environment where all workers enjoy just and fair working conditions. Undocumented migrant farmworkers are no longer vulnerable to the machinations of farm owners or employers.

The California legislature passed several laws to protect undocumented migrant farmworkers. The most vital law that was passed is Assembly Bill No. 263. AB No. 263 protects farmworkers against retaliation, especially over their undocumented status. This law comes in handy when a worker is filing complaints for unpaid wages. An employer can face charges if found guilty of violating this law. Some of the penalties an employer can face include a fine that does not exceed $10,000 or a business license suspension.

Chapter 3.1 Unfair Immigration-Related Practices is a follow-up law that was also enacted. This law creates a mechanism where any civil punishment can be forwarded to the Labor Commissioner. The commissioner will evaluate the penalties before they are imposed on the original offender.

The legislature also enacted Assembly Bill No. 450. This law prohibits Immigration and Customs Enforcement (ICE) from accessing private areas with the intent of arresting workers. Assembly Bill No. 450 is vital because an employer can allow ICE, in the absence of a warrant, to arrest undocumented migrant workers.

Senate Bill 54 was also passed to protect undocumented migrant farmworkers. Under this law, ICE cannot enter a public building while an undocumented farm worker is pursuing claims of unpaid wages against his/her employer.

Sexual Harassment Training

The legislature designed, amended, and passed several laws after the # MeToo Movement in October 2017. These laws aimed at improving safeguards against workplace harassment and protecting undocumented migrant farmworkers who had already become victims. The Senate first enacted SB No. 1300. Under this law, an employer is not allowed to punish or incentivize a worker, whether in the form of career advancement or monetary gain. This law enables undocumented farmworkers to pursue legal action against workplace harassment without fear of retaliation or being compelled to sign non-disparagement agreements.

Undocumented migrant farmworkers can file unpaid wages claims against their employers under SB No. 1300. Fortunately, this law restricts the employer from seeking damages, costs, and attorney fees from the worker.

The Senate also enacted SB No. 1343 that permits all workers to enroll for a one-year session of sexual harassment training within six months. This law covers workers who work with companies having five or more workers. Undocumented migrant farmworkers are also allowed under SB No. 1343 to go for refresher training sessions at an interval of two years. Workers are required to attend two-hour-long sessions if they are in a supervisory position.

The National Assembly also passed AB 1867, which orders companies with 50 or more workers to document all sexual harassment cases for ten years. This law was passed to assist the police in detecting any illegal pattern of behavior involving workers or companies. The cases of sexual harassment against women are more than the national average.

Heat Illness Prevention Training

California Division of Occupational Safety and Health (Cal/OSHA) reveals that lack of Heat Illness Prevention Training is the second highest cause of citation in the state. The implementation of a Heat Illness Prevention Training is essential because farmworkers spend their day out in the sun. This training enhances the safety of the worker, especially during summer months or the harvesting period when the temperatures are high. According to Cal/OSHA’s Heat Illness Prevention standard, employers are required to do the following:

  • Offer a mandatory cooldown of ten minutes every other hour. The ten-minute break should be deducted from the break and meal times.

  • Provide a shade with a temperature of at least 80 degrees Fahrenheit

  • Provide enough fresh water to ensure every worker takes at least one quart of water every hour

  • Ensure all workers, including supervisors, undergo training about heat illness prevention

  • Create a written standard operating procedure that adheres to Cal/OSHA’s rules

  • Assign one or several workers to oversee the implementation of the standard on-site

An employer can face a fine that does not exceed $25,000 per citation for failing to adhere to any of the above regulations.

Overtime For Farm Labor

The agriculture sector in California was, in the past, exempted from complying with federal overtime rules enshrined in the Fair Labor Standards Act (FLSA) of 1938. Under the current laws, overtimes are only recognized if farmworkers work beyond the daily ten hours and 60 hours weekly. However, the legislature passed the Agricultural Workers’ Bill (AB 1066) in September 2016. Under this law, all hourly workers should be paid overtime at one and a half times their regular rate. This should happen if the labor tracking record of the company indicates that the employee worked beyond eight hours per day or 40 hours per week. Under AB 1066, a worker should also be paid twice their hourly rate after working 12 hours per day or eight hours after working for seven days continuously.

Workers are also entitled to a meal break under a follow-up bill, codified into Chapter One (500-558.1) of the Labor Code. This law removes the one day off in seven exemptions enjoyed by farm owners or employers and other benefits most employers took for granted.

Sometimes, an employer can outsource hiring to or enter into a farm labor agreement with an employment agency for temporary employees during harvesting. In this case, the employer must confirm if the agency has enough money to pay the workers. An employer can face charges under California Labor Code Section 2810 for failing to do so. These laws put farmworkers on an equal level with workers from other industries.

Minimum Wage Increase

On March 31, 2016, the legislature passed SB 3 (Leno, Chapter 4, Statutes of 2016). This made California the first state in the United States to create a definite pathway to raise the minimum wage to $15 per hour. The increase was spread over a period to ensure that employers can prepare for the financial impact. The period was between five to six years based on the number of workers the company has.

Senate Bill 3, which is codified into Sections 245.5, 246, and 1182.12 of the Labor Code, affected many holders of agriculture jobs in California farms. However, several escape clauses are enshrined in the bill that give the Governor the authority to pause any scheduled increase. The Governor can do this if the job growth is negative or if there is a deficit in excess of one percent of the state's budget.

The Rights Of Farmworkers In California

Farmworkers in California have certain rights that are covered under the law. Employers must provide workers with a working environment that is safe and free from health hazards. The following are the agencies that protect the rights of workers:

  • The Wage and Hour Division, and

  • The Occupational Safety and Health Administration (Cal/OSHA)

The Wage and Hour Division protects workers' rights regarding worker payment and transportation. Cal/OSHA ensures that employers comply with the laws regarding health and safety at the workplace.

  1. The Rights of Farmworkers Under the Wage and Hour Division

The farmers’ rights under the Wage and Hour Division include the following:

The Right To Safe Transportation

Workers are entitled to transport to the workplace under the Wage and Hour Division. A licensed and properly insured driver must drive the vehicle a worker uses. Company vehicles must also meet safety and federal standards, including airbags and seatbelts. The crew leaders sometimes can charge a fee for transportation. In this case, the company must let the workers know of the cost before it is deducted from their wages. Farmworkers should not pay the transportation fee if the vehicle is uninsured or unsafe or the driver has no license. In this case, the workers have a right to report the violation to the Wage and Hour Division.

The Right To Be Paid

Workers are entitled to prompt payment and accessibility to itemized statements of wages or deductions for each pay period. An employer must pay workers for all the hours worked. The minimum pay a farm worker should receive per hour in California is $16.00 for all the hours worked. Sometimes, an employer can ask a worker to report to work at a particular time, and the work is postponed. In this situation, the worker has a right to demand payment for all hours, starting from the time he/she arrive at the workplace.

Farmworkers should keep track of all the hours worked to be sure that their employer is following the law. After receiving the paycheck, a worker should confirm that he/she has received payment for all the time worked. An employer must also record all the hours worked on the worker’s check.

The Right To Information

Farmworkers are entitled to correct information after being hired for the new job. Some of the information includes the wages and working conditions, and this information should be in writing and in a language the worker can understand.

You can contact the Wage and Hour Division if your employer does not provide any of the above rights and requirements. Once you reach the operator, he/she will link you with the right officer who will address your complaint. You can reach out to the Wage and Hour Division’s toll-free help line during business hours from 8.00a.m to 5.00 p.m.

  1. The Rights of Farmworkers Under Cal/OSHA

Some of the rights of farmworkers are under Cal/OSHA, including:

A Right To Well-Maintained Toilet Facilities And Hand-Washing Facilities

Farmworkers are entitled to portable or fixed toilets at the workplace. Employers must provide one toilet and hand-washing point for each 20 workers. The toilets must be private with doors that close and lock from the inside. These toilets and hand-washing points must be easy to access and very close to each other. The hand-washing point must have sufficient water, soap, and single-use towels.

Workers have a right to training regarding the importance of observing good hygiene. Employers must ensure their workers are informed about the importance of practicing good hygiene to reduce exposure to disease and pesticides. Some of the information includes removing pesticide-contaminated clothing and hand washing.

A Right To Potable Drinking Water

Workers are entitled to potable drinking water. Employers must provide their employees with water that meets the U.S Environmental Protection Agency’s National Primary Drinking Water Regulations. In this case, the water provided must be clean and safe for drinking. The sources of water provided must be accessible to all the farmworkers. An employer should also provide cool and enough cool water that can meet the needs of all workers. Additionally, every worker should drink from drinking fountains or single-use drinking cups. It is not hygienic for workers to use scoops or shared drinking cups.

Farmworkers have a right to take a cup of cool water after every 15 minutes, according to OSHA’s website, if they are working outside in the sun. Workers should take water throughout the day, regardless of whether they are thirsty or not. This will protect them from the heat. Most workers take water in smaller amounts at each water break instead of one large quantity.

The Right To Safe Housing

Most temporary workers depend on temporary labor camps provided by the employers for housing during seasonal work. In this case, the labor camps should have the following:

  • Working toilet facilities

  • A clean water supply for drinking

  • Insect and rodent control

  • First aid kits

  • Dining hall and feeding facilities

  • An operating kitchen

  • Trash disposal, and

  • Lighting

The Right To Breaks

Most farm work is done in the sun, and sometimes it can be very hot. OSHA recommends that farmworkers be given breaks to keep them safe from heat exhaustion and other heat-related illnesses. Under Cal/OSHA's Heat Illness Prevention Standard, workers must be given a minimum 10-minute cool-down rest every two hours. During the break, the workers can rest under a shade to keep their bodies cool and safe from heat illnesses. In this case, OSHA orders employers to provide shade for their workers’ breaks. OSHA also recommends that employers make a schedule of work where workers do hard jobs when it is cool or early in the morning.

Filing A Complaint

You have a right to make a complaint to OSHA if your employer fails to provide shade, rest, or water as required by the law. OSHA will carry out its investigations regarding your complaint if you are in danger of illness or death. It is an offense for an employer to punish or fire a worker for filing a complaint or reporting about unsecure working conditions. OSHA also will not ask you about your immigration status when you file a complaint.

You can reach out to OSHA directly to file your complaint, or a community organization can help you file the complaint. You may seek assistance from community organizations like churches, worker centers, or legal aid groups.

You can also call or visit your local OSHA office if you want to file a more general complaint about any health or safety-related employer violation. OSHA will get to you immediately if you provide the following information:

  • Your name and OSHA will not tell your employer who reached out to them. You also have the right to conceal your identity if you do not want to be known.

  • The hours of work and the period you will work with the company

  • The number of employees at the site and their languages

  • The issues you are facing

  • The place where you work

  • The name of the company or employer and the kind of work you do

Inspectors will visit your workplace once you file a complaint with OSHA. They will act faster if they feel your employer is violating worker safety and health standards. Investigators will also respond quickly if they believe that employees are in danger of heat illness or death. The investigators can interrogate your employer and some employees to establish where the problem is.

Filing A Claim For Unpaid Wages

With the help of an attorney, you can file a claim for unpaid wages under the following circumstances:

  • Your employer fails to pay you minimum wage, yet you work on a large farm

  • Your employer fails to pay you overtime for the hours worked beyond the regular hours, usually 8 hours

  • You are not allowed to take the required breaks

  • Your employer does not pay you for break time as provided by the law

  • Your employer fails to pay you for the unclaimed or accrued vacation time as required by the law

  • The employer fails to pay you for work-related travel

Find A Reliable Employment Attorney Near

If your employer fails to adhere to the state and federal wage laws, you can file a claim against the employer.

At Stop Unpaid Wages, we have compassionate attorneys who can help you explore your options and take the right action in California. Our attorneys will help you claim any amount your employer owes you. Contact us at 424-781-8411 to speak to one of our attorneys.