Southern Minnesota Regional Legal Services Free Legal Assistance for Migrant and Seasonal Farmworkers in Minnesota and North Dakota

Who is SMRLS? Southern Minnesota Regional Legal Services (SMRLS) provides free civil legal services to low income clients throughout the 33 counties of southern Minnesota and to migrant farmworkers throughout Minnesota and North Dakota

Who is a migrant farmworker? A person who works in seasonal agricultural work and must be absent from his permanent home overnight A person who has worked and migrated for agricultural work within the last two years Meat packing and dairy work may also considered agricultural work for issues related to migrant status (i.e. employment issues, recruitment, eligibility to work) Entire family is considered migrant as long as one member is a migrant farmworker

What type of cases do we handle for migrant farmworkers? Crew leader problems Contract disputes Wage claims Overtime Cash Assistance Food Support General Assistance Medical Assistance Emergency Assistance Identity theft Tax issues Pesticide issues (limited) Immigration Citizenship Security deposits Landlord/Tenant issues Civil rights and discrimination (limited)

Where are our 2008 summer migrant outreach offices? Southeast MN Owatonna Rochester Plainview Montgomery Red River Valley Grafton Fargo Breckenridge East Grand Forks Southwest MN Olivia Sleepy Eye Danube Brooten Glencoe

Public Benefits Residency Exceptions Migrant Exception: If the migrant worker has earned $1000 in the previous 12 mths then the residency requirement is waived. Hardship Exception: Without shelter or w/out available resources for food; (each county will have its own standards)

Issuance; food support Problems with participation in another state Can’t get food support from more than one state for the same month Clients must close their TX case before opening one in MN If migrant household received food support within the past 30 days, their food support is not prorated Means they will get uninterrupted food support

Income Eligibility Migrant Workers income counted “prospectively” –what they will earn in the future Must be “reasonably certain”

Expedited: Destitute Destitute Status: Migrants and seasonal farm workers with $100 or less in liquid resources if: They received all their income at some time before the day of application They cannot get any more income from that source They do not expect to get more than $25 for at least the next 10 days (includes MFIP)

General rules for Expedited Migrant farmworker in destitute status; or Household unit less than $150 gross monthly income and $100 or less in “liquid resources”; examples of liquid resources Cash on hand Checking or savings account Rent or mortgage and utility payments for the month that are more than the total of gross income for the month plus any liquid resources

Immigration Residency Filing Difficulty in communicating Advantages and disadvantages of filing with St. Paul

AWPA Migrant and Seasonal Agricultural Worker’s Protection Act

Passed in 1983 to replace and repealed prior law Farm Labor Contractor Registration (FLCRA) – FLCRA had little enforcement mechanisms – AWPA addressed definition of agricultural – AWPA provided more protections Requires advance disclosure of work terms and conditions ER compliance with work agreements and wage obligations Complete and accurate record keeping and pay statements Transportation safety Housing, health, and safety standards Licensing of farm labor contractors

AWPA covers big agricultural Ers/corporations = farmer, packer, processor who recruits, solicits hires,employs, furnishes, or transports migrant or seasonal workers – TEST: at least 500 man-days of labor in any 1 calendar quarter of previous year (500 man days=7 full time employees for a whole calendar quarter)

All FLC must possess a FLC registration certificate issued by US DOL Need special authority to transport or house workers Requires compliance with licensing, insurance, vehicle/housing standards

Enforcement of AWPA US DOL can impose criminal sanctions and civil money penalties Private right of action, seek actual damages or statutory damages of up to $500 per violation (in discretion of the court) Clients choose Ag ER and FLC jointly and severally liable for each AWPA violation

Migrant Legal Services Concerns Monitoring compliance of FLC Monitoring AG Ers who are covered by AWPA Monitoring AG Ers who recruit for themselves and others

Housing Migrant Most common types of migrant housing arrangements: Migrant Camps (family or single) Mobile homes Apartments Hotels Relatives

Issues with Apartments Illegal Ks K terms Breach of K by migrant worker and/or landlord Repairs Habitability of the unit Security Deposits Occupancy rules Charging abusive rent due to need of worker Moving in and out check list Ability to sue landlord

Issues With Migrant Camps Compliance of safety regulations Compliance with capacity regulations Food and restroom facilities Single/family occupancy Trespassing by non- authorized guests Lack of complaints from workers

Issues with Mobile Homes Inappropriate transfer of title Lack permission to rent lot in the mobile home park Abusive and discriminating rules imposed by park owners Parking where it is not authorized by park. Behavior of guests. Park charging illegal fees. Assets issues for public benefits

Leaving with Relatives Occupancy restrictions (city codes) Issues when applying for public benefits (how many households leaving in the same unit)