If you are a contract worker or day laborer, the service agency has to give you a notice each day that says the following:

• Your name,
• The name and nature of the work you will be doing,
• A description of the type of equipment you will need and if it will be provided,
• The kind of protective clothing and training you will need,
• Your wages,
• The name and address of where you will be working,
• Notice of any strike or labor dispute at the workplace,
• Who is providing transportation,
• If meals will be provided, and
• Any costs you will have to pay for meals or equipment.

If you are going to the same job for more than one day then the service agency only has to give you the notice on the first day. The agency also has to do the following:

• Give each worker a separate paycheck, even if several family members work together,
• Give you pay stubs showing how your wages were calculated,
• Provide medical care, if you are injured or get sick on the job,
• Pay minimum wage ($14 per hour in Illinois), even if you’re paid by “piece rate” or by “the acre,” and
• Help with permanent placement if an employer wants to hire you.

Find out more here about worker rights and agency and client company obligations.

Meals

Employers can only charge you for the actual price of a meal. They can also only charge you for meals you consume.

Transportation

Employers who provide transportation to a work site must also transport workers from the site. If you decide you don't need return transportation, you must tell the agency before going to the work site. Employers may not charge fees for transportation to/from work sites. They should provide safe transportation, such as enough seats and seatbelts for each passenger in the vehicle.

Pesticides

Pesticides are poisons that are used to kill bugs. They can poison your water supply, your food, and your children.

The following symptoms are signs that you might be poisoned by pesticides:

• Skin Rashes,
• Eye irritation,
• Blurred vision,
• Nausea,
• Difficulty breathing, and
• Numbness or tingling in your limbs.

Poison is serious and should be treated right away. Otherwise, you may experience cancer, congenital disabilities, or harm to your kidneys, liver, or nervous system.

If you come into contact with the pesticide, remove your clothes and wash with water. Get the name of the pesticide or the label of the container and go to the nearest medical facility as soon as possible.

If you can, take a sample of the crop containing the pesticide to the medical facility. If you can’t get to a doctor, call the pesticide control hotline at (800) 222-1222.

Unemployment benefits

Workers can apply for unemployment benefits when a job ends. Unemployment benefits are provided by the Illinois Department of Employment Security (IDES).

Workers can apply for benefits at a local IDES office or on the IDES website.

Learn more about Unemployment benefits.

Taxes

If you receive a letter from the IRS, you should talk to a lawyer right away. Have you ever asked yourself:

• Who can I claim as dependents?
• What is an ITIN and how do I file tax returns if I don’t have a social security number?
• I am married. Should I file as “Head of Household” or should I file a joint return?
• I am here on an H-2A visa. Do I have to file tax returns? Will I owe any taxes?
• I am in the country legally, but my spouse and children do not have social security numbers. Can I include them on my tax returns?
• Who can help me prepare my tax returns?

If so, contact the Illinois Migrant Legal Assistance Project (IMLAP): (800) 445-9025

Other costs not allowed

Service agencies or temporary employers cannot charge you for conducting any type of credit or background check or drug test.

Labor Disputes

You have the right to refuse to work where there is a strike or labor dispute. The agency cannot refuse to give you another assignment for exercising this right.

Right to SNAP benefits (Food Stamps)

SNAP benefits (food stamps)

United States citizens are eligible to apply for SNAP benefits. Lawful Permanent Residents might also be eligible to apply for SNAP benefits. If your household has someone who is eligible to apply, you may apply for that person, even if you are not eligible. Don’t be afraid to apply for benefits on behalf of a household member. The Department of Human Services, or the DHS, can only ask about the immigration status of the people on the application who are asking for benefits.

SNAP benefits in Illinois

If you are a migrant farm worker who just arrived in Illinois, with little or no money, who does not anticipate earning money right away might be able to get Food Stamps fast. If so, the DHS must provide food stamps, no later than five days after:

• The date you applied, or
• The date DHS discovers you are eligible for expedited service.

If you apply for SNAP benefits and are cut off or denied (or denied an opportunity to apply), ask for the decision in writing. Contact Illinois Migrant Legal Assistance Project (IMLAP) immediately at (800) 445-9025 for help with your case. You must appeal within 90 days, or you will lose your right to challenge the decision.

If you are coming from another state and you have an open SNAP benefit case in that state, you must close that SNAP benefit case before you get benefits in Illinois. It may be difficult to close your case in another state once you are living here, so do it before you leave.

Learn more about Getting food stamps (SNAP).

Illinois minimum wage: $14

The Illinois minimum wage is $14 per hour. If you work on a piece-rate basis or per acre, your employer must pay you at least the minimum wage for all hours worked, even if you do not pick enough to earn the minimum wage per hour.

Learn more about Collecting unpaid wages.

Health in the field

Employers must give all workers who work in the field cool and clean drinking water, toilets, and hand-washing facilities with soap and disposable towels. It is illegal if there is not:

• One facility for every 20 workers,
• Clean drinking water, and
• A hand-washing facility located within a quarter of a mile from any worker.

Employers must allow each employee reasonable chances to drink water and use the facilities. The use of ordinary drinking cups or dippers is not permitted.

Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) may allow you to take up to 12 weeks of unpaid leave from work. This is if you are experiencing a serious health condition or if you need to care for your child, parent, or spouse with a serious medical condition.

You must work for a covered employer to qualify. This means:

• Your employer has 50 or more workers within 75 miles of the worksite,
• You have worked for this employer for at least 12 months, and
• You have worked at least 1250 hours in the last 12 months.

There are precise rules on requesting FMLA leave. You must follow these rules to get your FMLA leave request approved. You will also be required to get a medical certification from your doctor.

When you request FMLA leave, you are entitled to return to the same or equivalent job with the same benefits, pay, and terms and conditions. You must be able to perform “essential” functions of the position.

If an employer violates your rights under the FMLA, you can be entitled to get your job, lost wages, and attorney’s fees back.

An employer cannot punish you for asserting your rights under the FMLA.

Get help

If you are dealing with any of these issues, you can call the Illinois Migrant Legal Assistance Project (IMLAP) toll-free at (800) 445-9025.