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VENTURA COUNTY (California) STAR JULY 2, 2010 Overtime bill has farmers concerned By Tom Kisken , Sigourney Nuñez
Isabel Magdaleno, an
That common desire to survive has farm laborers and farmers at opposite
ends of a fight over overtime pay. A bill approved by the Legislature
and sent on Thursday to Gov. Arnold Schwarzenegger would require
farmworkers be paid time-and-a-half after working eight hours a day or
40 hours in a week. Currently, they are paid overtime when they work 10
hours a day or more than six days a week.
Magdaleno, who is 37 and has worked for the same farm for nine years,
sees the law as fair compensation for hours she and as many as 25,000
farmworkers in
“We would earn a little bit more money and this may help us live a more
comfortable life,” she said. “There’s a lack of support for farmworkers.
A lot of people don’t care about us. We’re workers and we have rights,
but we don’t have a lot of representation or voice.”
The governor hasn’t taken a stance on the bill but is expected to make
his decision in the next two weeks. If he signs the bill, it will add
more financial pressures on farmers who already feel squeezed by
regulations on water quality, fumigants and labor.
Their margins are tight enough that if labor would have cost Underwood 4
percent more last year, his entire profit would have been wiped out. He
worries the overtime law will make it even harder to grow fruits and
vegetables at prices consumers have come to expect. If prices rise,
people will buy crops from other states or countries where workers are
paid less and land is cheaper.
“We can legislate better wages and better conditions, but we can’t
legislate competitiveness,” said Underwood, adding farmers want to pay
their workers more. “I wish the world was different, but it’s not. If
we’re not competitive with
Farmers say the overtime proposal doesn’t recognize the nature of
agriculture in which weather and limited seasons mean eight-hour
workdays just don’t work. They also say the law wouldn’t achieve its
desired result because they would be forced to hire more workers so that
overtime would be as limited as possible.
Instead of getting paid more money, workers might end up losing hours.
“It’s better the way things are now,” said Andres Cortez-Cortez, a
25-year-old farmworker from
But the farmers’ strategy bothers Magdaleno.
“We work for them all season,” she said. “For the farmers to hire more
people to avoid paying us would be unfair.”
Farmers and other employers say that what some define as fairness is
trumped by economic realities.
Terri Ramirez is co-owner of Agricultural Computerized Technology, an
“If they want to survive, they’ll have to bypass everything,” she said.
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