April 2007 Updates
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Rev. 3/31/2007
Michigan Minimum Wage Will Increase Again on July 1, 2007
The Michigan minimum wage will increase again to $7.15 per hour on July 1, 2007.
Due to Michigan’s minimum wage increase on October 1, 2006, all adult farmworkers in Michigan should currently be receiving at least $6.95 per hour and should receive $7.15 per hour starting in July.
Farmworkers who are paid piece rate (by the pound, by the bushel, etc.) should receive at least the equivalent of the Michigan minimum wage times the number of hours they work each week. It is very important that piece rate workers and their employers keep track of the number of hours each worker actually works each week.
The Michigan minimum wage will increase to $7.40 per hour on July 1, 2008.
U.S. Citizens Now Need Passports to Fly into the U.S.
On January 23, 2007, the federal government started enforcing a new rule that requires most people to present a passport when flying into the United States from a foreign country, including Mexico, Canada, and countries in Central and South America. Previously, many travelers only needed to show a driver’s license or birth certificate when flying into the U.S. from some of these places.
This new rule applies to all U.S. citizens who fly into the U.S. from these countries. Even children will have to present passports if they are U.S. citizens. However, Legal Permanent Residents DO NOT have to present passports. They must present their Permanent Resident card (commonly known as a green card).
This rule will likely be expanded to land and sea entries into the U.S. in January 2008. U.S. citizens who need to apply for a passport should check with their local post office or county clerk office, which often accept passport applications.
Immigration Application Fees Will Likely Increase This Summer
In January 2007, U.S. Citizenship and Immigration Services announced that it intends to increase immigration application fees soon. Officials have stated that the fee increase might take effect in June 2007, but the date and the fee increases have not yet been finalized.
Farmworker who qualify to file immigration applications should take these fee increases into account as they decide whether and when to file their applications.
Examples of the fee increases are:
● Application to renew or replace a green card: increase from $260 to $370
● Application for Naturalization (citizenship) for legal residents: increase from $400 to $675
● Application for legal permanent residency: increase from $395 to $985
● Petition for alien relative: increase from $190 to $355
Michigan Farmworker Enumeration Study Released
The first comprehensive estimate of migrant and seasonal farmworkers and their families working in Michigan conducted in 15 years was released recently by the Michigan Interagency Migrant Services Committee. The study provides updated estimates of the number of farmworkers in each county in the state.
The study concludes that 90,716 migrant and seasonal farmworkers and family members are in Michigan each year. The study can be found on the following website:
Recent Cases
Unemployment
FLS represents farmworkers in Unemployment Insurance Agency (UIA) hearings when they are denied benefits from a seasonal employer. In one recent case, the issue was whether the client was correctly classified as a “seasonal employee.” The UIA issued an initial Determination disqualifying the client on the grounds of her seasonal employment. FLS investigated the client’s case and filed an appeal.
If an employer has been designated as “seasonal” by the UIA, the employer must comply with several requirements to be exempt from paying unemployment benefits to its employees at the end of the season. One of those requirements is to provide a reasonable assurance of re-employment in the following seasonal work period.
In this case the client denied receiving such assurances, and the Administrative Law Judge agreed. UIA’s original Determination disqualifying the client was reversed, and she is eligible to claim her benefits retroactively.
Unemployment
FLS represented another farmworker in a UIA hearing on the issue of whether she left her employment without “good cause.” At the end of the season, the client believed she was laid off due to a lack of work. When she picked up her last paycheck, the employer told her that he would call her if there was any more work. The client applied for unemployment benefits and the employer did not contact her to return to work until several months later.
The UIA issued a Determination disqualifying her from benefits on the grounds that she had quit her job. She denied that she quit her job or ever refused work from the employer. The employer contended that she was offered more work when she received her paycheck but refused the offer. At the hearing, however, the employer was unable to provide specifics as to what duties or tasks were offered, or how long the alleged offer of employment was to last. The Administrative Law Judge found that the client did not voluntarily quit her employment, but was laid off at the end of the harvest season. The client was eligible to claim her benefits retroactively.
Taxes
A farmworker came to FLS because of IRS notices indicating that she owed taxes for 2003 and 2004. Her social security number had been fraudulently used in other states, which increased her income and tax liability. According to the IRS, she owed over $8,000 for 2003 and 2004. Through our advocacy, FLS helped her successfully prove to the IRS that she had been a victim of I.D. theft and we verified that she did not owe anything to the IRS. We also helped her put a “fraud alert” on her credit report to try to prevent future abuse of her Social Security number.
Summary of FLS services – For Legal Assistance Call Us Toll-Free at 1-800-968-4046Our services are free to farmworkers and their families who fall within certain income limits. When we are unable to help someone, we refer them to programs or other attorneys that are able to assist them. We may be able to help with: Employment• Remember that minimum wage, even if a worker is paid piece-rate, is $6.95 per hour. Keep track of hours worked. • Worker not receiving his or her pay, and End-Of-Season “bonus” issues • Deductions from paychecks must be authorized by the worker or by law Housing Evictions, “lockouts,” utility shut-offs, and poor housing conditions Public Benefits• Child day care, Food stamps, Medicaid, and Unemployment for eligible immigrants and U.S. citizens, including children • Effect of public benefits on immigration status Immigration• Filing family-based applications for migrant farmworkers and advising about immigration situations • Victims of domestic violence |
