OF MARYLAND
KNOW YOUR RIGHTS!

AS A FARMWORKER YOU HAVE CERTAIN RIGHTS.

WRITTEN DISCLOSURE: When you are recruited, you should receive a written disclosure from the crewleader or the farmer/employer. It should tell you about the job, the lacation, the dates work begins and ends, the rate of pay - piece rate or hourly, housing, food, expenses, and other benefits. The disclosure should also tell you if any strikes are in progress. 

MINIMUM WAGE: The most important right you have is the right to minimum wage. The minimum wage is $6.55 an hour effective July 24, 2007 and increases to $7.25 effective July 24, 2009. You have the right to minimum wage even if you are working for piece rate.

OVERTIME: You also have the right to earn overtime if you work more then 60 hours a week. You are entitled to one and a half time your normal rate of pay for all times over 60 hours worked. 

DEDUCTIONS: The employer can deduct certain amounts from your salary, but the employer can only deduct federal taxes, state taxes, and social security (FICA) without your consent. Be certain that your employer deducts taxes and social security from your salary. Also, be sure that no other deductions are made. If you have any questions about the deductions, feel free to call the Famrworker Program.

PAY STUB: You should receive a pay stub with your pay. The pay stub should indicate the hours you worked, the hourly pay or the piece rate and the numbers of pieces picked. Also the pay stub should show all the deductions, the amounts deducted and what the deductions were for. Remember that unless you gave written permission, your employer can only make deductions for taxes and social security.

SAFE TRANSPORTATION: If your employer or crewleader gives you transportation to the camp or the field, the employer or crewleader must have the vehicle insured. Also, each person needs a seat in the vehicle. You should not ride in the back of a truck.

RECORDS: You should take note of the hours you work, including the beginning time, finish time and how much time taken for breaks and lunch. Also you should keep note of the hours that you did not work because you were waiting for equipment or something broke down or your boss was not ready. The time that you have to wait is called waiting time. If your employer requires that you wait for work while something is missing or broken or the boss is not ready to start, you should be paid for your "waiting time."

NOTE: It is very important that you know the names of the crewleader, the farmer and any other employers (such as brokers or processors). All of these people have a responsibility to respect your rights.

LEGAL HELP: You have the right to legal help. Nobody can stop you from speaking with an attorney or a legal assistant. No one can retaliate or punish you for seeking legal help

IF YOU HAVE ANY PROBLEMS OR QUESTIONS

CALL

THE LEGAL AID BUREAU'S
FARMWORKER PROGRAM

OUR SERVICES ARE FREE
THE TOLL FREE NUMBERS ARE
1-800-444-4099 OR 1-800-999-8904

(outside the U.S., you can collect at (410) 546-5511 or (410) 539-5340)

Updated by the Maryland State Law Library (MSLL) 11/5/08 (PLL/M/A.J.).