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This information is meant to provide general
information, not to give legal advice.
No one should interpret any law without the
aid of an attorney who has been fully informed of all the facts
involved. |
The sun and heat can be dangerous. Protect your health.
Drink water before you feel thirsty. Drink small amounts of
water every 30 minutes. Do not drink coffee or alcohol.
Get used to the sun little by little. Rest in the shade occasionally.
Schedule demanding tasks in the morning or late day.
Wear light-colored and loose-fitting clothes.
See a doctor if you have: fever, strong fatigue, headaches, confusion,
difficulty concentrating or thinking, or little to no sweating.
One toilet facility and a place to wash your hands must be available for each 20 workers.
They must be within 1/4 mile from where you are working. Toilets must work and be kept clean.
Hand washing facilities must be filled with potable water and kept clean,
There must also be soap and single-use towels.
WATER: You must have drinking water available near where you are working.
The water must be cool and enough for everyone. Your employer must tell each
worker where the toilets, drinking water, and hand washing facilities are and let
you use them when you need to.
DON’T LET ANYONE TAKE AWAY YOUR RIGHT TO WORK
If you weren't hired because:
- you are not a U.S. citizen
- you don't have a permanent resident card
- you were not born in the U.S.
- the company thought your work documents looked fake
- you don't speak English, and it's not necessary to do the job
- you were fired so that you could be replaced by a U.S. citizen...
THEN YOU MAY HAVE BEEN ILLEGALLY DISCRIMINATED AGAINST
Also, when you get a job, you must show documents that prove your authorization to work in the US
and sign a form called an I-9. The I-9 lists the documents you can use to prove work authorization.
The employer cannot tell you which of the documents listed that you must provide.
If you are discriminated against, call one of our offices.
You should write down how many hours you work every day. Write down the time you start,
the time when you stop for lunch, the time you start working after lunch and the time you stop working.
If you are paid a piece rate, also write down how much you pick every day.
Why is it important to keep track of your hours and how much you pick every day?
Sometimes your boss might make a mistake in what he pays you.
If you keep track, it is much easier to prove what you really earned.
It may also be helpful for taxes, workers compensation and other reasons.
- Ask for information from your boss about the pesticides they are using
where you work.
- Use protective equipment.
- Wash your hands before eating, drinking, smoking or going to the
bathroom.
- Wash your body after working to remove pesticides from your body.
- Wash the clothing you worked in before wearing it again and wash your
work clothes separately from other clothes.
- Wear long-sleeved shirts that cover your arms, long pants,
socks and gloves.
What should you do if you are sprayed with pesticides or you ingest
them?
- Rinse your skin immediately with soap and water. Take off your clothes
if they are contaminated.
- If you feel sick or if your eyes, skin or throat hurt, go to a doctor
immediately.
- Tell the doctor that you think you've been poisoned by pesticides.
- Tell the doctor that he can call your boss to find out what pesticides
they were using where you worked.
Some symptoms of pesticide poisoning are:
Irritated skin, nose, eyes or throat; headache; vomiting; blurred vision;
sweating; muscle pain or cramps; chest pain; drooling; difficulty breathing; nausea;
difficulty walking; weakness and loss of appetite.
Abusers often keep their victims under their control by manipulating their immigration
status or by threatening them with deportation. Alone in a country that is new and confusing,
migrant victims often feel they have nowhere to turn for help. However, battered immigrants
may be able to change their immigration status through VAWA petitions and U visas.
VIOLENCE AGAINST WOMEN ACT(VAWA) SELF-PETITIONS
If you are married to a U.S. citizen or lawful permanent resident and are
subjected to physical violence or extreme mental cruelty during the marriage you can
self-petition to become a lawful permanent resident. If you are divorced for less than
two years and the marriage ended because of the abuse, you can also petition for yourself.
If your children have suffered abuse, you may petition for them. In addition to the abuse,
you must prove that you entered into the marriage in good faith and that you have good moral
character.
U VISA
The U Visa is available for non-citizen crime victims who have been subjected to substantial
physical or mental abuse due to criminal activity. You must show that you have information
concerning the criminal activity. A law enforcement officer must provide a certificate
that you have been or will be helpful in the investigation or prosecution of the criminal activity.
You may also file for your children.
Remember!! - if you are in danger, try calling 911 for the police. For more information,
call one of our offices.
Once your job ends, you may be eligible for unemployment compensation benefits. You can apply at a
State Department of Labor agency where you reside or in the state you worked. Some states accept
applications by telephone. Some states have different rules for calculating your benefits and for
counting wages from other states. Where you worked and for how long may determine where you should apply
and how much you receive. So when applying, be sure to report every place you worked and ask in what state
would you receive the most benefits.
If you have questions or problems, contact one of our
offices. If you are denied benefits, contact us immediately - the appeal
deadline is very short.
Social Security is
a U.S. government program. It pays a monthly amount of money to workers who are
retired (at least age 62) or disabled. To qualify for benefits, you must have worked during at
least 10 different years. A worker’s spouse or child may also be eligible for benefits.
Your boss must send to the government an amount equal to 15.3% of your gross pay. Half of that amount
(7.65%) should be deducted from your check each week. It is usually listed on your check as a
combination of “FICA" and "Medicare.” The other ½ is paid by your boss and is not deducted from your
check. This money goes to your account at Social Security.
It is a good idea to check with Social Security to see if all your earnings are included in their records.
If not, you can correct your record.
You can also call Social Security to find out what your benefits will be when you retire.
Call their toll-free number at 1-800-772-1213.
Please note, H2A and undocumented workers do not qualify for Social Security.
If you have any questions or problems, please call one of our
offices.
The Earned Income Credit (EIC) is a special tax credit for people who work.
If you qualify, the amount of the credit is subtracted from the taxes you owe!
If you don't owe any taxes, the government pays all of the credit to
you! For 2007, the maximum amount of the credit is $4716.
You can qualify for the EIC if you work full-time or part-time. You must also be a US citizen,
a lawful permanent resident OR have permission to work from Immigration. The amount of the
credit you receive depends on how many children you have, how old you are, and how much you earn.
However, you can qualify for the credit even if you are not married or if you have no children.
The children you claim must be US citizens or Permanent Residents and have a valid social
security card. Your child must be your son, daughter, adopted child, grandchild,
stepchild (or their descendants), or a foster child placed in your home by an authorized
placement agency. The children you claim must have lived with you in the US for more than
half of the tax year. Also, your child must be under age 19 at the end of the tax year (there are
some exceptions to this age requirement).
To claim the credit, you must file an income tax return, even if you owe no taxes. The EIC credit
will NOT affect your immigration status or any application you have pending with Immigration. It
will also NOT affect your eligibility for government benefits like food stamps, Medicaid,
unemployment, or other benefits.
If you have questions or if you want help, please call one
of our offices.
You can also call the Internal Revenue Service at 1-800-829-1040.
If you get sick or are injured while working, you may have the right to Workers Compensation benefits.
The insurance company pays for your medical bills and perhaps for some of your lost wages.
If you're injured while working, get medical care - don’t wait! Tell the doctor you were injured at work.
You shouldn’t have to pay for medical care. Follow the doctor’s orders.
Tell the boss right away! It is illegal for your boss to try to stop you from obtaining workers compensation
benefits.
Keep records! Keep a record of medical visits, the doctor’s name and address, and any costs
(such as transportation, prescriptions, receipts, etc.).
If you are still injured when you go home, you may continue to receive medical care and
lost wages. It is best, but not necessary, to start your workers compensation claim before you leave. Ask your
doctor for a copy of your medical records and take them home with you. Find a doctor at home to provide
care. Send copies of your medical reports to the insurance company.
If you have questions about workers compensation, ask for help! If you need help seeing a doctor,
getting your bills paid or receiving wage benefits, call the legal services
office in the state you are seeking benefits.
There is a law in the United States called the Migrant and Seasonal
Agricultural Worker Protection Act.
Under this law you have the right to:
Accurate information, in writing, about the job when recruited.- Accurate and complete wage statements every time you get paid.
- Clean, safe housing.
- Transportation in safe vehicles if the employer provides
transportation.
- The contractor and the employer have to keep all their promises.
This law also has many other protections for workers. If your employer violates this law,
you can get up to $500 for each violation, and sometimes more.
Our offices help workers make claims under this law. Please call one of our
offices if you have any questions or if you want help.
The Fair Labor Standards Act provides some very important protections for most farm workers. You must be
paid at least $5.85 per hour. Even if you are paid on a piece rate, your wages each week must be at
least $5.85 per hour. Also, the federal minimum wage increases to $6.55 as of July 24, 2008.
You must be paid for all hours worked, including waiting time and, in some circumstances, travel time.
For example, if you have to wait for boxes, bins, equipment, or similar things in order to start working
you should be paid for that time. If you move from one field to the next during the day, you must be
paid for that travel time. Also, if your lunch break is less than 30 minutes, you must be paid for it.
Keep a record of all your hours to make sure you are paid correctly.
Most farmworkers are not entitled to overtime pay. Overtime is time and ½ pay for hours over 40 in a week.
However, if you are planting trees or cutting brush, you may be entitled to overtime pay. Also, some
packing and nursery jobs are entitled to overtime pay. If you have any questions or problems, please
call one of our offices.
If you came to the United States with a temporary visa to work on a farm, you are probably an H-2A worker.
Because you are an H-2A worker, you have some, but not all, of the legal rights that are mentioned here.
Some of the rights you have are the right to:
Free housing that complies with safety standards.- Be paid the Adverse Effect Wage Rate (AEWR). In 2008, the AEWR is $9.70.
- Be paid for at least three-quarters of the work promised in your contract.
- Workers Compensation for work related injuries or illness
(See WORKERS'S COMPENSATION).
- Not be retaliated against for threatening to or exercising your right to
file a complaint regarding health and safety, job-related injuries or illnesses,
or wages and hours.
Also,if you have an emergency at home, it is possible for an H-2A worker to go to home country before
the contract is over. You should have the help of a lawyer to do the paperwork. If you leave the
USA without following all the rules, you may never be able to come back.
As of the last updating of this page, the government was considering big changes in the H2A program
The wages you are paid may go down a lot. Also, you may no longer have free housing provided.
Contact one of the offices listed if you have questions regarding this issue.
You have a right to safe and decent housing. In most circumstances, the
housing must be:
- Inspected: each year before anyone moves in, the building must be
inspected and the boss must post the inspection permit.
- Safe: the building must be safe, with no electrical problems and
have clean water, etc.
- Clean: the garbage must be removed, the bathrooms must be clean
and sufficient storage for your food must be provided, etc.
- Posted: if there are charges or expenses for the housing, the
information must be posted.
You should help keep the building and grounds clean. Report any problems to
your boss or camp supervisor, and allow government inspectors to enter your
quarters to inspect the building. Contact us
if you have other questions or problems about camp conditions.
Also, discrimination against you because of your race, national origin,
and some other reasons is illegal. If you believe you have been
discriminated against, contact the
legal services office in your state.
If you have questions or problems regarding immigration matters the most important thing to
remember is that you should get help. Immigration laws are always changing and in order to avoid
problems and get good advice it's important to find the help of an attorney who is trained and up to date.
Notaries, immigration “advisors” and even some attorneys often do very bad work and cause
serious problems with Immigration! It is better to go to an experienced and trustworthy attorney.
We maintain lists of trustworthy agencies and attorneys all over the USA who help with immigration
matters and do good work. Call one of our offices and we can help you find someone whom you can trust.
- It's very important that you file your tax return every year, even if you don't owe taxes.
Failure to do so could affect any immigration matter you have pending or have in the future.
- Permanent Residents may apply for residency on behalf of their spouse and un-married children.
If you apply for a child and your child gets married before getting his visa, he or she will
become ineligible to get a visa.
- Citizens may apply for residency on behalf of their spouse, parents, children
(married or not), or brothers and sisters.
- If you have a matter pending with Immigration, it's very important to report any change in
your address to them.
- A non-citizen, even Permanent Residents, can be deported from the United States for violating
various immigration or criminal laws. Some of the reasons for deportation are hitting or threatening
a spouse, gun violations and drug violations - there are many others also.
If you have any questions, please don't hesitate to contact
one of our offices.
If you come to the United States with a temporary visa to work someplace other than on a
farm, you are probably an H-2B worker, not an H-2A worker. Many H-2B contract workers work
at hotels, seafood canneries, construction jobs, and landscaping jobs. There are also many
H-2B workers in Maine and other states who are doing forestry work by planting pine seedlings
and cutting brush in the woods.
As an H-2B worker, you may be entitled to workers compensation benefits if you are hurt
on the job. However, some of the legal rights of an H-2B worker are different than the rights
of an H-2A worker. For example, employers of H-2B workers may not have to provide a minimum work
guarantee, free housing, or transportation. On the other hand, it is important to note that
generally speaking forestry workers and many other H-2B workers are entitled to overtime pay
(time and a half) for hours worked in excess of 40 hours per week. H-2B forestry workers are
also protected by the federal Migrant and Seasonal Agricultural Worker Protection Act.
So, be sure to find out if you have an H-2A visa or an H-2B visa and also find out what your
contract provides.
If you have questions about your rights as an H-2B worker, please contact
one of our offices.
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Mexico
20 Park Plaza
Suite 506
Boston, MA 02116
1-877-639-4835
(617) 426-8782
(617) 695-1957 Fax
Email: cmxboston AT conversent DOT net
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Guatemala
2220 R Street, NW
Washington DC 20008
1-888-364-8283
(202) 745-4952
(202) 745-1908 Fax
Email: info AT guatemala-embassy DOT org
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Honduras
3007 Tilden Street, NW, Suite 4M
Washington DC 20008
(202) 966-7702
(202) 966-9751 Fax
Email: embhondu AT aol DOT com
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Jamaica
1520 New Hampshire Avenue NW Washington DC 20036
(202) 452-0660
(202) 452-0081 Fax
Email: info AT emjamusa DOT org
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El Salvador
2308 California Street, NW
Washington DC 20008
(202) 265-9671
Email: cbartoli AT elsalvador DOT org
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Republica Dominicana
20 Park Plaza - Suite 601
Boston, MA 02116
(617) 482-8121
(617) 482-8133 Fax
Email: embdomrepusa AT msn DOT com
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Nicaragua
1627 New Hampshire Ave, N.W.
Washington D.C. 20009
(202) 939-6531
(202) 939-6573
(202) 937-6532
(202) 939-6574 Fax
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Haiti
271 Madison Avenue,
5th floor
New York, NY. 10016
(212) 697-9767
(212) 681-6991 Fax
Email: contact AT haitianconsulate-nyc DOT org
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Canada
1251 Avenue of the Americas
Concourse Level
New York, New York 10020-1174 USA
(212) 596-1628
(212) 596-1666/1790 Fax
Email: cngny AT dfait-maeci DOT gc DOT ca
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LEGALIZATION - It appears that there will not be a legalization program this year and there never may be one.
However, for now, SAVE ALL YOUR CHECK STUBS, AND OTHER PROOF OF YOUR WORK! If a legalization program is ever passed,
these documents will be very helpful.
Even though it look it looks very unlikely right now, there is still a possibility that some time in the future
a legalization program for farm workers might be passed. If you would like to receive notice if a legalization program
is ever passed, please print and fill out the
linked .pdf form
and mail it to one of our offices.
This information was produced by the legal services programs in New England
and New York. We are lawyers and paralegals who help farmworkers with legal
problems.
