FJ Blog

Monday, 19 September 2016

Farmworkers in California achieved a major victory on September 12, 2016, when Governor Brown signed into law overtime protections for farmworkers. We congratulate the United Farm Workers, their allies and the California leaders who worked hard to achieve this historic success. Importantly, we also thank all of the farmworkers who took time out of their busy schedules to fight for this victory.

The passage of the overtime law, AB 1066, ensures farmworkers will have an equal right to overtime pay and continues the process of reducing discrimination in employment laws against agricultural workers. Rooted in discrimination against African American workers, the Fair Labor Standards Act excludes farmworkers from overtime and other protections. During the past forty years, California has gradually added farmworkers to employment-law protections from which they have been excluded by Congress and other state legislatures.

Under the new law, California farmworkers will be entitled to time-and-a-half pay for working more than 8 hours a day and 40 hours in a week in agriculture. The bill phases in overtime pay over a period of 4 years beginning in 2019; for employers with 25 or fewer employees, the phase-in will be delayed by three additional years. Double time pay will be required for 12 hours of work a day beginning in 2022. Under federal law, farmworkers and their employers are excluded from overtime pay; and under prior California law, overtime need only be paid if farmworkers work more than 10 hours a day or 60 hours in a week.

For decades it has been recognized that businesses which require more than forty hours of work in a week should pay a premium wage. Overtime pay offers extra compensation to workers but also acts as a deterrent against employers’ imposition of excessively long work days and weeks. Consistent, excessive hours can be physically damaging, especially to workers who make their careers in strenuous jobs. Farm work has long been recognized as physically difficult, strenuous work. Excessive hours interfere with time needed to raise children, care for elderly parents, take classes, enjoy leisure time and get needed rest. Farmworkers’ low pay means that they usually cannot afford to pay for extended daycare hours for their children or other services that are needed to address the effects of working excessive hours.

Overtime pay has been controversial and opposed by many businesses as too costly and as being globally anti-competitive for over one hundred years. Yet, most people in working class jobs have been covered by time-and-a-half pay since passage of the Fair Labor Standards Act of 1938. Complaints by agricultural employers are no different from complaints by employers in other occupations who face increases in the minimum wage or overtime requirements. The exception for agriculture was never fair and we commend California for moving away from the discriminatory history experienced by farmworkers to grant overtime pay to agricultural workers.

The U.S. Congress needs to learn a lesson from California and end numerous exclusions of farmworkers from labor protections that apply to other workers. California is the most successful agricultural production state; about one-third of the nation’s farmworkers are employed there. Not only do farmworkers outside California deserve an end to discrimination in labor laws, but agricultural businesses in California should not have to compete with growers that save money on labor costs because the federal law and their state laws discriminate against farmworkers in employment laws. As UFW President Rodriguez said, AB 1066 "would give license to farmworkers in other states fighting for the same thing.” We all want to feel good about the food we purchase and consume, and the continuing discrimination in employment laws against farmworkers – the people who produce our food – perpetuates a stain on our food system that should be eradicated.
 

by Adrienne DerVartanian
(0 total comments)
Tuesday, 06 September 2016

California legislature passes OT bill for farmworkers, now Governor Brown must sign bill to help end discrimination against farmworkers
On August 27, farmworkers achieved a significant victory when the California legislature passed a bill that over several years would phase in time-and-a-half pay for working more than 8 hours a day and 40 hours in a week in agriculture. Under federal law, farmworkers and their employers are excluded from overtime pay; and under current California law, overtime need only be paid if farmworkers work more than 10 hours a day or 60 hours in a week. We congratulate the coalition that won this legislative battle after a defeat just weeks earlier. The United Farm Workers brought many farmworkers to the state capitol, Sacramento, to demonstrate their support for equal treatment and overtime pay.

The bill now awaits Governor Jerry Brown’s signature to become law. Governor Brown should sign the bill to provide farmworkers with this important benefit and to continue the process of reducing discrimination in employment laws against agricultural workers. Overtime pay for farmworkers: it’s time. To read more, see our blog post here.

California grower ordered to pay $2.4 million for violations of H-2A program rules
Fernandez Farms, Inc., a California-based strawberry farm, and its president Gonzalo Fernandez, were fined $2.4 million by an Administrative Law Judge for violations of the H-2A program rules. The order included roughly $1.1 million in payment to the workers for unlawful kickbacks, failure to provide free housing, multiple wage violations, threatening and coercing H-2A workers, and discriminating against US workers, among other violations; and a civil money penalty of almost $1.3 million for the H-2A violations. In addition, Fernandez Farms and its president were barred from participation in the H-2A program for the maximum period of three years. We applaud DOL for their investigation despite continued resistance from Fernandez and his family members. We also commend the work of CRLA and CDM for their support to the impacted workers and the DOL.

While the ALJ decision is a victory for the impacted workers, the case is deeply troubling for the abuses it reveals. As we have shared in prior updates, H-2A workers are extremely vulnerable to abuse and exploitation because they can only remain and work in the U.S. for the one employer who brings them here. Fernandez, for example, felt that he could intimidate his H-2A workers into silence during the Department of Labor investigation. This case illustrates the kinds of abuses we can expect to see more of as the H-2A program use continues to grow rapidly. As DOL trial attorney Abigail Daquiz notes, “We’re finding that in lots of different ways, employees are having to pay that [transportation and recruitment costs] back, being forced to kick it back.” The H-2A program protections and DOL’s oversight are important tools to try to prevent worker abuse, but more is needed. Agribusiness complaints about the H-2A program “bureaucracy” and overly burdensome rules demonstrates their interest in reducing even these minimum protections.

And while we commend the maximum debarment for Fernandez Farm and its president, we are troubled that Fernandez’s sister, Celia, a former supervisor at Fernandez Farms who was accused of involvement in the case, has been approved to receive H-2A workers this year. According to the LA Times article, her farm is a newly incorporated company at the same address as the former Fernandez Farms, which filed for bankruptcy. DOL must do more to debar bad actors and their successors to send a message that growers must comply with the law in order to have access to the H-2A program.

Donald Trump much anticipated speech on immigration more of the same anti-immigrant rhetoric
In a highly promoted speech on immigration following weeks of hints that he may soften his position on immigration, Trump continued to invoke anti-immigrant rhetoric and repeated his call for a border wall paid for by Mexico. Trump’s proposals for immigration would only worsen our broken immigration system, including by ending sanctuary cities, ending President Obama’s DACA and proposed DAPA programs, yet failing to provide a realistic and humane solution for the millions of hard-working aspiring Americans. We are deeply troubled by Trump’s continued broad brush characterization of undocumented individuals as criminals and his lack of respect for our nation’s diversity. We will continue to monitor and report on both presidential candidates’ positions on immigration.
 

by Megan Horn
(0 total comments)
Wednesday, 31 August 2016

California during the past forty years has gradually added farmworkers to employment-law protections from which they have been excluded by Congress and state legislatures. On August 27, the California legislature passed a bill that over several years would phase in time-and-a-half pay for working more than 8 hours a day and 40 hours in a week in agriculture. Under federal law, farmworkers and their employers are excluded from overtime pay; and under current California law, overtime need only be paid if farmworkers work more than 10 hours a day or 60 hours in a week. Governor Jerry Brown should sign the bill to provide farmworkers with this important benefit and to continue the process of reducing discrimination in employment laws against agricultural workers.

We congratulate the coalition that won this legislative battle after a defeat just weeks earlier. The United Farm Workers brought many farmworkers to the state capital, Sacramento, to demonstrate their support for equal treatment and overtime pay. A new compromise was achieved and was passed despite the strenuous opposition of agribusiness groups.

For decades it has been recognized that businesses which require more than forty hours of work in a week should pay a premium wage. Overtime pay offers extra compensation to workers but also acts as a deterrent against employers’ imposition of excessively long work days and weeks. Consistent, excessive hours can be physically damaging, especially to workers who make their careers in strenuous jobs. Excessive hours interfere with time needed to raise children, care for elderly parents, take classes, enjoy leisure time and get needed sleep. Farmworkers’ low pay means that they usually cannot afford to pay for extended daycare hours for their children or other services that are needed to address the effects of working excessive hours.

Overtime pay has been controversial and opposed by many businesses as too costly and as being globally anti-competitive for over one hundred years. Yet, most people in working class jobs have been covered by time-and-a-half pay since passage of the Fair Labor Standards Act of 1938. The exception for agriculture was never fair. It’s long past the time to grant overtime pay to agricultural workers.

Gov. Brown should sign the bill, and then Congress should apply overtime pay to agricultural work and end other discriminatory employment-law provisions. California is the most successful agricultural production state; about one-third of the nation’s farmworkers are employed there. Not only do farmworkers outside California deserve an end to discrimination in labor laws, but agricultural businesses in California should not have to compete with growers that save money on labor costs because the federal law and their state laws discriminate against farmworkers in employment laws.

We all want to feel good about the food we purchase and consume, and the continuing discrimination in employment laws against farmworkers – the people who produce our food – perpetuates a stain on our food system that should be eradicated. Overtime pay for farmworkers: it’s time.

 

by Bruce Goldstein, President Farmworker Justice
(0 total comments)