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Industry Insights

CAAA: Farmworker Heat Presumption Heads to Floor Vote

  • State: California
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California Senate Bill 1299, a critical piece of legislation aimed at protecting farmworkers from the dangers of extreme heat, has successfully passed through the Assembly Appropriations Committee, the final significant obstacle before heading to the Assembly floor.

With strong support anticipated in the Assembly, the bill is poised to reach Gov. Gavin Newsom's desk. If passed, SB 1299 could significantly impact the lives of thousands of farmworkers across the state and has the potential to become a landmark law in the ongoing fight for farmworker rights in California.

The bill introduces a rebuttable presumption for heat-related injury and death, making it easier for farmworkers to obtain the compensation they deserve when their employer fails to comply with outdoor heat regulations. The bill does not introduce any new workers' compensation benefits but strengthens enforcement of existing regulations to protect the rights and safety of California's farmworkers.

Supporters of SB 1299, including United Farm Workers President Teresa Romero, argue that the bill is necessary to combat the intimidation and noncompliance that still plague many farms. Romero emphasized the recent case of the Yolo Six, a group of farmworkers who were fired after defending their rights during an extreme heatwave.

"This case highlights a reality that farmworkers know all too well — that the laws in the books are not the laws in the fields,” Romero said.

“The lack of compliance not only leads to illness — it leads to death, and that’s a fact,” said Sen. Dave Cortese during a press conference on the steps of the Capitol. “SB 1299 will unequivocally save people’s lives. It reflects our commitment to ensuring safer and fairer working conditions for the people who form the backbone of our agricultural industry. If you’ve felt the heat at all this month, you know why we’re doing this.”

This opinion by the California Applicants' Attorneys Association communications team is republished with permission from the CAAA website.

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