California has the largest economy in the United States and the fourth largest in the world. The state’s resources and wealth don’t only come from the entertainment industry. The state also has a huge agricultural industry, with people everywhere relying on it for dairy, meat, produce and other farm products. As a result, California farmers need a massive workforce to help them with their indoor and outdoor production.
Although most employers behave responsibly by providing excellent wages and working conditions that meet all state and federal employment, health and safety requirements, some treat their workers badly. Additionally, an accident can happen in any environment at any time. For these reasons, farm workers and their loved ones should learn as much as possible about their rights. Read on to learn more…
What Are the Basic Rights of Farm Workers?
California agricultural workers have the right to fair and timely standard and overtime pay, safe working conditions, and employment protections. They have the right to access bathroom facilities, a specific number of breaks per work period, safe housing and transportation, when applicable, and even employer-provided potable drinking water for hydration.
Farm workers also have the right to learn about these and other topics. California farmers are responsible for accurately answering direct questions and keeping their workers informed with up-to-date information. They must post detailed information via official state and federal posters about worker rights related to health and safety, inspections, wages, family and sick leave and workers’ compensation.
Lastly, workers have the right to join a union, report health and safety issues to their site manager, employer and officials at state and federal levels, and make legal claims after dealing with unsafe working conditions or a work-related accident or injury. The State of California Agricultural Labor Relations Board posts detailed information about these and other rights on its website.
What Are the Rights of Injured Workers?
All California workers have the right to receive medical help after they experience illness or injury at a job site. Many have the right to continued pay, healthcare and other benefits while receiving related treatment and rehabilitation or experiencing permanent disability. Survivors of workers who passed away because of a worksite issue also have death benefit rights.
That said, not all workers in the state have equal rights in these and other areas. They and their loved ones should perform their due diligence before accepting an agriculture-based job. For example, a farm owner should have all required up-to-date inspection and other certifications and enough insurance or another compensation source to cover the needs of injured workers or the families of deceased ones.
When an employer fails to provide full coverage, a worker or their family members have the right to hire an attorney and make insurance and court claims against an employer. They also have the right to find out if they qualify for benefits via the California Uninsured Employers Benefit Trust Fund (UEBTF) or the Subsequent Injuries Benefits Trust Fund (SIBTF).
What Problems Exist for California Farm Workers?
If a farm worker abuses substances, acts maliciously or negligently, commits a crime, or performs certain other harmful acts on a job site, they lose some rights. For example, they may not receive past due wages or any benefits.
Agricultural workers who are in the country illegally don’t have the same rights as legal workers. New laws offer some protections. For example, they have the right to training related to fair standards, overtime wages, heat illness, and harassment prevention. They can file a complaint if they don’t receive wages or if their employer retaliates against them.
That said, many farm workers are exposed to unsafe conditions or exploited by their employers. They’re often required to work in hot conditions without adequate breaks, hydration, or shade. They might not be told if they’ve been exposed to toxic chemicals and pesticides. They often deal with bullying and other forms of harassment in the workplace.
California laws are supposed to protect farm workers from specific actions by Customs Enforcement (ICE) agents who don’t have a warrant as well. Yet, recent ICE actions have proven that they’re not as protected as other types of workers.
As a result, farm workers or their families should immediately seek assistance from a licensed employment, workers’ compensation, or immigration attorney when faced with these and other types of issues.
