Hiring non-citizens at your place of business can be tricky. Some employers look for alien or immigrant employees to hire, thinking these workers will work more cheaply than U.S. citizens. Other bosses employ migrants in positions that are dangerous, without providing adequate protection or training. There are even some companies that overwork immigrant employees, especially those that don't speak English very well, taking advantage of the people who depend on these companies to survive.
The truth is that employers must treat immigrants the same way they treat U.S. citizens. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) was enacted to protect migrant and seasonal farm workers, agricultural employees, and migrant housing suppliers. But certain types of labor contractors and employees are exempt under limited circumstances. Employees are entitled to receive the terms and conditions of their jobs written in their own language.
Employers are required to keep written payroll records for migrant workers for three years or more, with copies going to each non-native worker. For agricultural jobs, employers must certify that housing provided to seasonal workers meets federal standards. Vehicles used to transport migrant workers also must be safe for transportation use.
If you are thinking about hiring migrant workers to help at your farm or agricultural business, here are some points to consider:
1. Is the migrant a U.S. citizen? Does he or she have a green card? Is the person an illegal alien? Keep in mind that any worker without proper paperwork proving that he or she belongs in this country could be deported, if caught.
2. Are you willing to extend financial support via employment to migrant workers who are employed by your company? Without evidence of long-term or ongoing employment, some aliens may be asked to leave the country.
3. Does the migrant worker have a family? If so, can you provide adequate housing, sanitation, and educational access to family members? You also may want to consider some type of insurance or health benefits in case someone gets sick or the wife has a baby.
4. Can you help migrant employees become acclimated to your community? This might involve introducing them to other immigrants from their native land, guiding them to English classes at a local high school or cultural institute, and taking them on a tour of local facilities like banks, schools, and stores.
5. Have you done a background check on your migrant employees? You may not want to hire someone with a criminal past unless you feel the person has turned over a new leaf.
6. Don't forget to consider transportation issues. Unless your migrant workers have a driver's license and a car of their own, they may depend wholly on public transportation or you to get them to doctor appointments, shopping areas, and business needs.
Contact the federal Department of Labor to learn more about compliance regulations. In some cases, the government provides help to employers and employees. Although there may be cultural, economic, and social advantages to hiring migrant workers in your company, remember to put the employee's well being ahead of everything else when making your hiring decisions.
1.A very common path and usually the most treacherous, is doing nothing at all. When an employee is hesitant to hire California overtime lawyers or California labor law attorneys to handle a situation, it usually gets worse before it gets better. Complacency will typically cause labor violations to become more frequent. California labor law attorneys have found that ?where there is smoke there is fire? and when one violation is discovered, many others are found.
2.The next course of action frequently taken by employees experiencing a California labor law violation is attempting to handle the problem ?through the Employer's channels or procedures?. This course of action has risks of its own and one of the biggest dangers in filing a formal Employer complaint ?though the proper channels? is the risk of retaliation. Employees do not realize that by filing an official complaint they place their employers on guard and exposed to liability if the employer retaliates. Once a complaint is filed for a labor violation, if the employer then retaliates and demotes, harasses, suspends or fires the employee, that employer exposes themselves to additional liability.
3.Another option an employee may exercise is going to the labor board. The California Labor Board does however have limitations, in that they will not purse the 4th years (Unfair Business Practice Claim) as a private attorney would and therefore they may shorten the amount of their claim. Furthermore, the California Labor Board handles very small claims and may not always pursue the employee's claims as vigorously as California overtime lawyers might. The California Labor Board also has a serious limitation in that if either party prevails, the other party has the option to appeal and have the case start all over. Once this occurs, and employee will need to find a California labor law attorney to represent them and also faces the risk that if they lose this appeal the loser must pay the winning parties attorney fees and court costs. On the other hand, if an employee hires California overtime lawyers to handle the claim from the outset and prevails on any part of the claim, the Employer must pay the Employee's attorney fees. This is a huge advantage. As you can see the California Labor Board has severe limitations and is designed for smaller disputes where the employee does not mind some uncertainty of outcome. While the California Labor Board is free of charge- sometimes you get what you pay for!
4.California overtime lawyers and California labor law attorneys may be the best option when it comes to the enforcement of California labor laws. When an employee hires an attorney who is experienced in California overtime laws, the outcome may be better than testing the waters at the California Labor Board and surely much better than doing nothing at all. Case law and statutes are constantly evolving and knowledgeable California overtime lawyers or California labor law attorneys can in many instances pinpoint the applicable laws and cases that could bring an employee to victory. Even better, if your attorney wins, your employer must pay his or her legal fees!
In closing, an employee has several choices. Hiring a qualified professional to protect your interests is imperative if you want good results. Interview several California labor law attorneys and find out who you feel most comfortable with.
Both Gary Wells & Mansi Gupta are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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