Wagner-Peyser Act

Number of MSFWs in California

The official estimates of agricultural employment in this report are derived from agricultural labor data that the EDD, in collaboration with the USDA, compiles from monthly surveys of farm owner-operators in California. Agricultural employers who participate in the survey report the number of jobs filled by all workers in their establishments during the survey’s reference week. However, given the crop cycle, demand for farm labor tends to be highly seasonal with peak periods of demand for work that is often of very short duration. As a result, high job turnover and worker mobility are distinguishing features of the agricultural labor market. While official employment estimates, based on surveys, count permanent farm jobs and include any jobs filled by MSFWs identified by employers as working during the survey’s reporting week^[1], they do not necessarily count positions that are filled by MSFWs at other times of the month. Moreover, an analysis of preliminary public use data from DOL’s 2015-2016 National Agricultural Workers Survey (NAWS)^[2] indicated that 56.0 percent of California farmworkers were undocumented, many of whom were employed under informal work arrangements. As such, official estimates of agricultural jobs most likely understate the actual number of individuals in California’s agricultural workforce. This is particularly true of MSFWs.

This report provides a best estimate of the number of MSFWs in California in 2017 because data unavailability and limitations preclude making a precise estimate. This best estimate relies on official 2016 survey-based agricultural employment estimates, a 2018 study undertaken by the UC Davis and EDD’s Labor Market Information Division (LMID), California Farmworkers in 2016^[3], that estimated the actual number of farmworkers in 2016 and calculated a ratio of actual farmworkers to the number of officially estimated farm jobs, and preliminary findings from the 2015-16 NAWS survey to estimate the number of MSFWs.

MSFWs are typically employed as crop workers and demand for their labor ebbs and flows with the crop production cycle. Under the North American Industry Classification System (NAICS), crop production jobs are counted in two industries: crop production and farm labor contractors and crew leaders. Whereas crop production jobs are mostly field-based and reported directly by growers, farm labor contractors supply workers to farms and a job reported by a farm labor contractor may include work done on more than one farm. In 2017, employment in crop production totaled 169,100 jobs and farm labor contractors reported an additional 143,800 jobs, yielding a combined total of 312,900 crop production jobs in California. Nearly three-quarters (74.8 percent) of all agricultural jobs in California in 2017 were in crop production.

The California Farmworkers in 2016 study by UC Davis and the EDD-LMID compared the number of agricultural workers to the number of officially reported farm jobs in 2016 based on an analysis of the comprehensive wage and employment records that are maintained by EDD-LMID. The study used social security numbers (SSN) to identify and count the number of workers in agricultural establishments as coded under NAICS. After making adjustments for what appeared to be false or shared SSNs, the study determined that there were 989,500 unique SSNs reported by agricultural establishments in 2016. In contrast, the official EDD estimate was that California had 421,000 agricultural jobs in 2016. Based on these findings, the UC Davis/EDD-LMID study concluded that there were 2.0 agricultural workers for every reported agricultural job in California in 2017. The study also determined that this ratio has held steady since 2007.

Assuming that most MSFWs are primarily crop workers employed by growers and farm labor contractors, the estimate of the number of MSFWs in California in 2017 was calculated as follows:

• In 2017, the reported number of crop production and farm labor contractor jobs totaled 169,100 and 143,800, respectively, for a total of 312,900 jobs in the crop production. Assuming that there were 2.0 farmworkers for every officially estimated job, this implies that there were 625,800 crop workers in California in 2017.
• Analysis of the 2015-2016 NAWS public use data indicated that 59.9 percent of California farmworkers reported that they worked for their employer on a year-round basis and 40.1 percent reported they worked on a seasonal basis.
• The 2015-2016 NAWS public use data also indicated that 16.0 percent of crop farmworkers in California were migrants.^[4] Applying the NAWS-derived estimated shares of crop workers who were seasonal to the estimated number of crop workers in 2017, yields an estimate that there were approximately 250,900 seasonal farm workers in California in 2017, of whom 40,100 were migrant workers.
• Barring significant changes to national immigration policies, the estimated numbers of MSFWs in California are expected to remain near these same levels over the next two years.

These calculations are also summarized in tabular format below.

[1]  The survey reference week is always the week that includes the 12^th of the month.

[2]  The 2015-2016 NAWS public use data will be available soon from the DOL Website at:  http://www.doleta.gov/agworker/naws.cfm.

[3]  The survey reference week is always the week that includes the 12^th of the month.

[3]  The 2015-2016 NAWS public use data will be available soon from the DOL Website at:  http://www.doleta.gov/agworker/naws.cfm.

[3]  Martin, Philip, Brandon Hooker, and Marc Stockton, 2018. California Farmworkers in 2016. November 10, 2018.

[4] The NAWS defines a migrant farmworker as one who travels more than 75 miles to obtain a job in U.S. agriculture. 

 
Outreach Activities

The local offices outreach activities must be designed to meet the needs of MSFWs in the State and to locate and contact MSFWs who are not being reached through normal intake activities. Describe the State agency's proposed strategies for:

The EDD operates an MSFW Outreach Program throughout the state to meet the needs of MSFWs and to locate and contact MSFWs in areas are not being reached through normal intake activities in areas. The state’s strategy is to designate Significant MSFW AJCC to deliver the services and conduct outreach activities where there is a high concentration of MSFWs. On annual basis, the state reviews the agricultural employment numbers on MSFWs to identify and recommends a list of AJCCs to the Department of Labor for certification. Once the AJCCs Offices are certified, each Significant MSFW AJCC is allocated personnel resources to conduct vigorous outreach for the MSFW population. Currently the MSFW Outreach Program consists of 29 primary outreach workers located in Significant MSFW AJCC offices throughout the state. These outreach workers provide MSFWs with information on the services and resources available at the Significant MSFW AJCC offices, community based organizations (CBO), and other state and federal agencies serving MSFWs in the area.

Outreach workers spend 85 percent of their time conducting outreach activities to contact MSFWs who are not reached by normal intake by conducting outreach where they live, work, or gather. Typically, MSFWs live in economically depressed locations in the outskirts of cities or in farm homes. Often the housing infrastructure for MSFWs is inadequate. Therefore, due to the isolation and conditions in which MSFWs live, barriers for MSFWs are created, thereby preventing them from accessing social services, community resources, and employment and training services.
 

Outreach worker responsibilities include:
 

• Educate MSFWs of their rights with respect to terms and conditions of employment.
• Develop and maintain relationships with MSFWs, public and private community agencies, MSFW groups, and employers.
• Coordinate outreach efforts with MSFW community service providers, including WIOA Title I Section 167 providers.
• Assist MSFWs with job search and placement, initiating job development contacts, and referrals to supportive services.
• Conduct informational workshops for MSFWs at Significant MSFW AJCC offices or other locations.
• Assist with the completion of the CalJOBS℠ registration, resume, job applications, and other documents as needed.
• Document all reportable services provided to MSFWs.
• Conduct follow–up interviews with reportable individuals to ensure service or training was received.
• Assist MSFWs with making appointments and arranging transportation.
• Observe the working and living conditions of MSFWs.
• Provide assistance with obtaining UI benefits, information on the California Training Benefits program, and referrals to specific employment opportunities if MSFWs are unemployed.
• Provide information regarding employment opportunities that may be available including any available H-2A agricultural job orders.
• Inform MSFWs of the full range of available services, including: job training opportunities available through the Significant MSFW AJCC offices and CBOs.
• Engage in public awareness campaigns to educate job seekers and small businesses about Covered California™ as a resource to help make informed decisions about health care coverage options. The outreach workers may provide MSFWs helpful fact sheets regarding the program, financial assistance, and hand out informational brochures in English and Spanish.
• Contact MSFWs working under the H-2A program to provide them information pertinent to workers employed under this program, including information about their rights and protections under the H-2A contractual agreement.
• Inform MSFWs about the ES Complaint System and providing assistance with the complaint process.
• Identifying signs related to human trafficking, documenting and referring such complaints/apparent violation to the appropriate enforcement agencies.
   
  The work of the MSFW is predominately performed outdoors in remote areas in varied weather conditions, around pesticides and machinery. Outreach workers frequently drive off main roadways onto dirt roads which are often impacted by extreme weather conditions or by irrigated farm fields that require high clearance four–wheel drive vehicles.