Rural California Report

In most jobs, if you have to spend even part of your workday exerting yourself under the hot summer sun, you’re likely to have drinking water nearby. And, if you don’t, you probably won’t be penalized for going to find some. But for many farmworkers in California, the largest agricultural producer in the country, the freedom to hydrate isn’t always so straightforward.

Even as temperatures climb above 90 degrees F, many of the state’s 400,000 farmworkers don’t have access to shade; or the water station is too far from where they are picking a crop, and they have to put off getting a drink. And since farmworkers are so frequently paid on a piece-rate basis rather than hourly, there’s strong incentive to put off that drink, if available at all, for as long as possible.

Last week, two elderly farmworkers took the brave and very unusual step of suing their employer, an onion grower in the Coachella Valley, for violating the few labor laws that protect farmworkers. The two men were regularly paid less than the minimum wage, required by California law, never paid overtime, and not given protective equipment, said Megan Beaman, the attorney with California Rural Legal Assistance who filed the suit on their behalf.

Such practices are common in our nation’s fields. Since many farmworkers are undocumented immigrants, and afraid to speak up, the violations go unreported. As Tracie McMillan writes in her new book, The American Way of Eating (for which she worked undercover in produce fields, two Wal-Marts, and an Applebee’s), even if a company is caught adjusting a worker’s actual hours downward, so that it looks like they paid her minimum wage instead of a much lower piece rate, the fine is around $350. Tracie herself lost out on about $500 for one month of picking. Growers thus have a strong economic incentive to cheat workers.

California is at the leading edge of demographic change in the United States, as the state’s cities, suburbs, and rural towns are inhabited by millions of foreign-born, and their children, who now account for half of California’s population. Many of these groups have been around for generations and have influenced California’s culture—from its arts and politics to its customs and cuisine. Yet, these same groups are often scapegoated when it comes to the state’s sluggish economy, overburdened hospitals, or underperforming schools. The numbers, however, do not tell the full story of how these Californians are shaping the physical and cultural landscape of the state.

There is a contradiction of US interests opposing child labor in the international context while allowing agricultural exceptionalism to undermine child labor protections here in the US. Agriculture is the largest employer of children worldwide.  According to the UNFAO, “Poverty and child labor interact in a vicious cycle and are mutually reinforcing. In rural areas, there is need to fight poverty and hunger in order to fight child labor.”

Photo from Association of Farmworker Opportunity Programs

The information in this post is from Rural Migration News, a publication on rural issues at University of California, Davis. Rural Migration News summarizes and analyzes the most important migration-related issues affecting immigrant farm workers in California and the United States during the preceding quarter.  This post focuses on poverty, water, labor shortages, health and current state laws.

In 2011, some notable government actions influenced immigration policy across the US.  The federal Secure Communities program came under fire, five more states, following Arizona’s lead, enacted independent immigration laws and deportations reached an unprecedented high level.

By Gail Wadsworth and Vallerye Mosquera

With funding from University of California Sustainable Agriculture Research and Education Program, CIRS is partnering with Dr. Michael Rios and Vallerye Mosquera from UC, Davis, and Luis Magaña from the Organizacion de Trabajadores Agricolas de California, to complete a community-based risk assessment tool for heat stress.  This tool is unique in that it is focusing on the risk of heat stress to farmworkers within their communities.  In other words:  off the farm.