Agriculture is an essential sector for the development and continued sustenance of any State and thus should be treated with the respect it deserves. This is why California has been enforcing various laws aimed at protecting the rights of agricultural workers over the decades. These laws have been updated over time to become more inclusive and relevant to workers in this sector. In the article below, we will discuss California agricultural workers' rights then and now.
The Right to Unionize
The goal of such unions is to bring agricultural workers together so that they can voice their opinions and complaints about the working conditions without fear of repercussions like being fired. One of the earliest recorded agricultural labor unions was the United Farm Workers spearheaded by Dolores Huerta and Cesar Chavez in California in the 1960s. The California Agricultural Labor Relations Act (CALRA) granted agricultural workers the right to unionize.
CALRA allowed for the union elections, which were managed by the Agricultural Labor Relations Board (ALRB). California became the first state to allow agricultural workers to form a union where issues such as unfair labor practices could be brought forth, discussed, and resolved. The right to unionize laws have continued to evolve over the years, and in 2022, workers could form unions through majority-signature authorization cards. These authorization cards allow unions to negotiate employment terms and conditions should an agricultural worker require them to do so on their behalf. This has seen many workers work in favorable conditions, especially in such a labor-intensive industry.
Wages And Hours
In March 2016, after the Leno, Chapter 4, Statutes of 2016 were passed, California was one of the States that raised the minimum wage to $15 per hour. The minimum wage was to rise steadily over the years, starting from $10 in 2016, and eventually rose to $15 in 2023 for employers with 25 or fewer farmworkers. For those with 26 or more workers, the wage bill steadily increased from $10.50 in 2017 to $15 in 2022.
The 2016 Phase-In Overtime for Agricultural Workers Act ensured that agricultural workers were included in the federal laws on overtime pay that were applicable in other industries. Employers with 26 or more farmworkers were required to pay a rate 1.5 times the regular hourly rate as overtime for hours worked beyond the 8 hours a day or 40 hours per week. Overtime was calculated as twice the regular hourly rate for a 12-hour workday. Employers with 25 or fewer farmworkers were expected to match these standards gradually by 2025. The minimum wage has since risen to $16 per hour as of 2024. The wages paid on a piece-rate basis should be itemized accurately, and the term of employment should be stated in Spanish and English.
Farmworkers aged between 16 and 17 years old are allowed to work in the agricultural sector, but under strict rules and regulations as per the law. Some of the restrictions are on the working hours, operating machinery, and pay rate. Minors under 12 years old can only work on their family farms run by their parents. Still, they should not be exposed to restricted activities.
Break Periods and Mealtimes
Rest and meal periods are provided for in the agricultural workers' laws to ensure that they are given reasonable break periods to nourish and refresh their bodies. Farmworkers are entitled to a ten-minute paid break after the first four hours of work. For non-exempt farmworkers, a duty-free meal and a 30-minute break should be provided after working for 5 hours or more. Violation of the California meal break law requires the farmworker to be paid one extra hour of their regular hourly pay. It is illegal for an employer to persuade or threaten a worker not to take a break or meal rest, but they can order you to take the mandated breaks. The worker can choose to waive their legally allocated breaks or take them at a later time.
Safety and Sanitation
It is the right of any worker to perform their duties in a safe environment, and more so in the agricultural industry. Some of the sanitation and safety requirements include portable clean drinking water, water and soap for handwashing, usable first-aid kits, clean toilets, and disposable towels. Employers should not restrict the worker from using these facilities or dock their pay for time spent in sanitation areas. These laws are outlined in the Occupational Safety and Health Administration (Cal/OSHA) and also state that all workers must undergo heat illness prevention training. Farm workers should have designated shaded areas near their workstations.
Protective gear and equipment should be provided for workers operating machinery and handling chemicals or pesticides. Workers should be trained, in a language they understand, on the potential risks and side effects of the chemicals and pesticides used on the farms. These laws also protect workers, regardless of their immigration status, from backlash should they report possible violations in the safety and sanitation laws. If an agricultural worker is injured on the job, they may receive compensation for their medical bills and lost wages through worker’s compensation or if the employer is uninsured, through the Uninsured Employer’s Benefit Trust Fund (UEBTF).
The Senate Bill No. 1343, Senate Bill No. 1300, and Assembly Bill AB-1867 are some of the bills that have been passed to protect farmworkers against sexual harassment. These are how sexual harassment cases should be handled. Recording such cases and providing training should be mandatory for all workers after a period. Injuries sustained on the job are also provided for in these farmworkers laws that include paid sick leave, emergency care, death benefits for dependents, and permanent disability compensation. It is important to note that these benefits apply to all farmworkers, regardless of their immigration status.
These California agricultural workers' rights are put in place to safeguard the employees as they go about their daily tasks. Farm employees who feel that any of their rights have not been observed can reach out to their union or a private lawyer and get the justice they deserve.
