Farmworker
Farmworker Program
CLS assists individual farmworkers and the farmworker community at large throughout the State of Arizona.
Did you know?
Portion of a dollar that goes to farmworkers
per piece of produce sold.
2019 CLS settlement amount on behalf of H2A farmworkers
CLS assists farmworkers with a broad range of civil legal issues
Community Legal Services assists individual farmworkers and the farmworker community at large throughout the State of Arizona. CLS is dedicated to ensuring legal access and protecting the rights of farmworkers. Farmworkers are a vulnerable group that often faces unique and challenging legal problems. In addition, CLS’ San Luis, Arizona office is conveniently located to farmworkers living close to the border.
Community education and partnering with other agencies enhances our ability to provide opens in a new windowcivil legal services to farmworkers. Attorneys and legal advocates are available for presentations and participation in community outreach events and strategic advocacy planning. Brochures are available for individuals and agencies to facilitate access to legal services.
Farmworkers often face hardships that are related to the nature of their work, environmental conditions and language barriers. CLS provides education, self-help advice, and will provide representation of farmworkers for individual administrative employment issues and may provide legal representation in civil lawsuits.
CLS advocates assist with farmworkers with a wide range of employment law issues. Please make sure to visit our Employment Law page for more information on employee rights.
Typical Farmworker Issues
Areas of legal assistance may include:
- Wages
- Conditions of Employment
- H-2A Issues
- Consumer
- Contract Disputes
- Discrimination
- Unemployment
- Workers Compensation Claims assistance
- Pesticide exposure
- Pensions
Farmworkers can apply for assistance or agencies can contact CLS staff on their behalf by visiting or calling our offices or emailing info@clsaz.org. Occasionally legal assistance and/or referrals are available to farmworkers in areas not listed above and/or are legal concerns that are unrelated to employment. CLS will also try to address emergency legal issues for workers such as problems that arise in seasonal out-of-state jobs.
Where can I find more information regarding my rights as a farmworker?
FAQ
Answers to the most frequently asked questions.
What hours should I be paid for?
Employers must pay employees on time and provide their workers with itemized statements of earnings or deductions for each pay period. Agricultural employers must pay their workers for all hours worked.
What safety standards does the transportation to the field have to meet?
If an employer is providing an employee with transportation to a jobsite, the vehicle used must be properly insured and operated by a licensed driver. The vehicle must also meet federal and safety standards (seatbelts, airbags, etc.).
Does my employer have to provide water in the field?
When there are workers in the fields, agricultural employers are required to provide their employees with potable drinking water (this means that the water meets the U.S. Environmental Protection Agency’s National Primary Drinking Water Regulations). The water must be clean and safe for drinking. A water source must be provided and placed in locations readily accessible to all employees. The drinking water provided should be cool, and there should be sufficient amounts to meet the needs of all employees. Additionally, the water should be given out in single-use drinking cups or by drinking fountains. The use of shared drinking cups or “scoops” is prohibited.
What rights does an H-2A Worker have?
An H-2A worker is a worker who comes to the United States on a visa to work temporarily in agriculture. Their contract contains certain rights, for example, they have the right to receive ¾ of all the hours promised in the contract. They have the right to be paid the higher of the minimum wage, the prevailing wage, or the Adverse Effect Wage Rate. They also have the right to have their work related travel expenses reimbursed. There are other rights associated with working under an H-2A contract, if you have questions please contact our office.
Can U.S. Workers Apply for H-2A Jobs?
Yes, a U.S. worker may apply for a job under an H-2A contract and has priority in receiving the job up until the 50% point of the contract. If you have questions about whether you qualify as a U.S. worker, please call our office.
find additional help
Resources & Information
opens in a new windowMigrant and Seasonal Agricultural Worker Protection Act (MSPA)
The MPSA protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures and recordkeeping.
opens in a new windowThe Fair Labor Standards Act (FLSA)
The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting workers in the private sector and in federal, state, and local governments.
opens in a new windowOccupational Safety & Health Administration (OSHA)
Workers are entitled to working conditions that do not pose a risk of serious harm. OSHA sets and enforces protective workplace safety and health standards, and provides information, training and assistance to workers and employers.