Do Field Workers Receive Work Benefits?
Yes, field workers have the right to receive multiple benefits. Employees can sue for damages when an agricultural employer violates state or federal labor laws.
Talk to Bibiyan Law Group, P.C., about what field workers’ benefits are available to you. Our experienced employment attorneys win top compensation for our clients and honors from the legal community. Call us today to discuss your workplace rights. Hablamos Español.
What Are California Field Workers’ Rights?
Like any other employee in the State of California, field workers are entitled to work for employers that do the following:
- Protect from work hazards,
- Pay at least minimum wage (or a higher, agreed-upon wage),
- Provide workers’ compensation benefits for work-related injuries,
- Pay for overtime work,
- Provide rest and meal breaks,
- Stop workplace discrimination, and
- Provide benefits for sick leave and disability.
We discuss these rights in greater detail below.
Work Hazard Protections
In the world of agriculture and fieldwork, dangers abound. When you work hard in the field, you might expose yourself to multiple risks, such as:
- Heat-related illnesses;
- Sickness from exposure to chemicals, animals, or unsanitary conditions;
- Injuries related to excessive noise;
- Broken bones, cuts, burns, and other trauma from dangerous machines;
- Respiratory distress; and
- Injuries from car accidents.
The law requires farming employers to take various measures to reduce the likelihood of employee injuries.
To keep you safe in the field, your employer should:
- Provide safety practices and guards for machinery,
- Provide water that is safe for drinking,
- Give protection from wildfire smoke,
- Provide shade for employees,
- Provide toilets and handwashing facilities,
- Have emergency response procedures in place,
- Provide on-site first aid materials, and
- Train supervisors and employees on preventing heat illness.
If your employer has not fulfilled the above-listed obligations, we can take legal action to assert your rights.
Workers’ Compensation or Disability Benefits
When you get hurt on the job, your employer has to provide you with workers’ compensation benefits. This means your employer must pay you partial wage replacement when your injury keeps you from working at full capacity. Your employer must also pay your medical expenses. If a workers’ compensation insurer refuses to cover your claim, you might have access to partial wage replacement benefits through disability insurance. We can help you file a workers’ compensation or disability claim to recover all the compensation you deserve.
Minimum Wage and Overtime
If you are an agricultural worker, you are entitled to at least $15.00 an hour. But if your boss has agreed to pay you more than $15.00 per hour, they must pay you the higher rate.
You are also entitled to the following overtime pay in the following situations:
- If your employer has 25 employees or fewer, it must pay 1.5 times your regular pay rate for the time you work in excess of 9 hours in a day or 50 hours in a workweek;
- If your employer has more than 25 employees, it must pay 1.5 times your regular pay rate for the time you work in excess of 8 hours in a day or 40 hours in a workweek; and
- If your employer has more than 25 employees, it must pay 2 times your regular pay rate for the time you work in excess of 12 hours in a day.
These overtime rights are set to increase yearly until 2025. Check with one of our knowledgeable attorneys regarding what kind of overtime pay you should receive and how to recoup any wages your employer did not pay.
California Migrant Farmworker Benefits
Do you have an employer that threatens you because of your immigration status or tells you there are no employee benefits for migrant field workers? If so, your employer has broken the law. Migrant workers in the farming industry (and every other industry) have many of the same rights as any other employee, including:
- Minimum wage and overtime pay,
- Rest and meal breaks,
- Workers’ compensation benefits, and
- A safe working environment.
Even if you are undocumented, these field workers’ benefits are available to you. If your employer violates your rights because of your immigration status, you might also have the option of seeking damages in a workplace discrimination complaint.
Call Us Today
At Bibiyan Law Group, P.C., we focus exclusively on helping mistreated workers throughout California. With our passionate advocacy and award-winning skills, we have recovered millions for our clients. We are ready to fight for your rights, so give us a call or reach out to us online to schedule a consultation.