Ronald Wilson Reagan (/ r e n / RAY-gn; February 6, 1911 - June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. Youll spend money on gas and maybe repairs along the way, but that might not be as expensive as taking commercial transportation. Calculating what you are owed in most instances is straightforward and simple. If you are expected to spend more than a month at the new office, the law considers the new office your permanent location, even if you later return to your original office. Unemployment Insurance provides temporary financial assistance to qualified individuals who meet eligibility requirements of the District of Columbia. Create an account to follow your favorite communities and start taking part in conversations. In P-B-175, the Board considered the case of a claimant who was in transit from Spokane, Washington, to San Francisco during a portion of his normal workweek. There are lots of jobs that are remote, where all you do is work off your laptop WHEREVER you are. Before the U.S. can return to some form of normal, a lot of people need to be vaccinated. If you use one of these employer-provided forms of transportation, but are not required to do so, then the time you spend traveling in the vehicle does not have to be paid by your employer. Most of this is because most places want to recoup their losses from the Covid-19 pandemic and lockdowns. If it is found the claimants availability was materially reduced by the period he or she was in transit, the claimant would be ineligible under Section 1253(c). . If the employer is simply allowing you to take time off to attend a work-related event and you are not compelled to attend the event, travel time is probably not compensable. The determination of whether your travel time is subject to the control of your employer often involves a complex analysis of the facts, law, and circumstances. An attorney can help you understand how much you are owed and the best options for recovering your wages. A road trip is a perfect opportunity to earn money while on the road. Traveling while receiving unemployment benefits might not be allowed, depending on your situation, according to the law firm of Johns, Flaherty & Collins. B. While those concerns are legitimate, the law protects employees who confront or complain to their employers about wage issues. But employers do not have to use the IRS rate. You can access your UI Online account to certify for benefits. If you dont have a lot of money due to being unemployed, you may want to check out other options that we talk about later in the article. However, if youre going by train or plane, you can expect to pay at least $200 minimum for a round-trip ticket. Because the labor market for accountants in Tehachapi is almost nonexistent, the normal commuting pattern for this occupation includes the cities of Lancaster and Bakersfield, each approximately 50 miles away. If you become unemployed in one state and then move to another, you can file your claim in your new state. Moving from one locality to another does not in itself raise an availability issue. The weekly benefit amount and the maximum benefit amount of the applicant are dependent on the wages earned during the base period. But for the ones that did, the U.S. Department of Labor encouraged a change. You should file your claim for unemployment benefits in the state where you live and worked. In some industries, it is very common to pay workers different rates for different types of work. The best part about going on vacation is having more time to check out shows, fairs, festivals, and concerts. For this reason, you may want to use your vehicle to travel with you, especially if your car is ready for road trips. Because he waited one year, he can only recover wages for three years of work with his company. Federal agencies offer many unemployment education and training programs. Her labor market includes southern Ventura County, the San Fernando Valley, and the financial district in Los Angeles. Do you know if Oswald is currently doing meet . A state's workforce agency is the place to check on overtime requirements. In exchange for unemployment benefits, you are bound to follow certain rules regarding what you need to do -- which typically includes looking for a new job-- as well as rules . On Feb 24, 2023. This is because these activities add time and exertion beyond what her normal commute would require. He must rely on public transportation until he can obtain other transportation, but the transit system does not serve his community. $950 (weekly earnings) / 50 (weekly hours worked) = $19/hour; $28.50 (overtime rate) x 10 (travel hours) = $285.00, $37.50 (overtime rate) x 10 (travel hours) = $375.00. Unpaid travel time can exceed over $100,000 in lost wages, interest and penalties. Other factors to be considered are the lack of employment prospects in the foreseeable future in Spokane, the reasonableness of the claimants decision to move to San Francisco, the fact that the sole reason for the move was the belief that it would enhance the claimants possibilities of employment, and the fact that the claimant could not reach San Francisco without spending a day or so in travel. If your employer takes any of these negative employment actions because you complained about your unpaid wages, you might have a legal claim against it, allowing you to recover lost pay, emotional distress and punitive damages. You can recover interest going back three years, and only one year of penalties can be recovered. 1-800-815-9387 or visit the California Unemployment Insurance page. When the employee is making the normal commute between home and work. Examples of good cause for a move to another locality include: If good cause is not established for the move, determine whether a substantial field of employment remained open to the claimant. If you are a non-exempt employee and your company pays you a salary, you are also entitled to be paid for your travel time. Here are some questions that you can use to interview attorneys. No 60-day grace period is allowed. And we work on contingency which means we do not get paid unless we win. Report a . Separately list your travel time, including the total hours traveled and your travel time rate on each pay stub. The buses do not go to the industrial areas where the large commercial bakeries are located, but they do go to the areas where retail bakeries are located. Employers must ensure workers meet the criteria in the COVID-19 Prevention ETS before they return to work and that workers follow the CDPH-recommended isolation periods. I don't think you qualify. This method is incorrect. It will make things significantly easier for you if you do decide to demand pay for travel time at a later date. . Sometimes an attorney and a potential client are not a good fit. Because it was sitting in my barn / shop for over 12 years!! Generally your employer does not have to pay you for travel time from home to work. The days are counted separately for each state, Canadian province or other country and include partial work days. If a Californian wishes to move to a new state while collecting unemployment insurance benefits, they can do so as California does not require a person to stay in the state while either applying for or collecting UI benefit payments. Unemployment Insurance Code Section 1253(c). California has a low unemployment tax rate for businesses, usually maxing out around $400 per worker per year. Again, in P-B-179, the Board considered the availability of a claimant who had moved to a small community. Travel Time, Distance, and Cost The distance and time a claimant would be required to travel would be greatly influenced by the method of transportation the claimant has available. City B is a 30-minute drive from Paulas home. Filing for government unemployment insurance benefits can be a life saver when you lose your job and need to pay bills while you look for another one. Typically, though, youll expect to pay at least $100 or more per night for a hotel. Federal Paid Sick Leave Rights (2020): A Comprehensive Guide for Employees Coronavirus: A Guide to California Workers' Rights. She has helped thousands of people plan better vacations and travel more. Was it to engage in a bona fide search for work rather than a trip undertaken for personal reasons? However, the more you pack, the fewer items you need, so you can use your discretionary funds for shopping or souvenirs. B.) Delaware, Mississippi, New Hampshire, New York, and Oregon offer this program. However, the claimant must demonstrate that the trip was primarily a search for work. Since the claimant does not have good cause for his restriction, and since the restriction materially reduces his availability for work, the claimant is not eligible under Section 1253(c). By doing this, you can reduce how much you dip into your savings. After you have been unemployed for eight weeks, you must be willing to accept a suitable job that pays at least 75 percent of your normal wage. COVID-19 information for workers. If you took a plane or train, you might miss this fun excursion. Accept Read More. You must also be willing to accept employment for all shifts and days that are normal . If you have an employment agreement stating that you will be paid a certain amount for any work performed, you must be paid that same rate for travel time. In some occupations such as salesclerk, service station attendant, or waitress, the distance and time required to reach an adequate labor market might be short because these jobs exist in most areas. Each person who collects Unemployment Insurance benefits is legally responsible for making sure he or she follows the rules set by the District. And second is if your field is of the telecommuting variety and you are able to work while abroad. She registered for work as a salesclerk and sought work in sales and as a motel cleaner; both jobs existed in the new locality. The claimant had contacted a former employer and was told that if he came to San Francisco an effort would be made to place him. Claimant moves to new location. The applicants must earn a minimum wage during the four-quarter base period. If good cause is established for the move, determine whether the claimant remained available to a substantial field of employment on the remaining workdays of the week. For issues related to the period of time involved in a claimants relocation from one area to another, it is necessary to examine the reason for the move in order to establish whether good cause exists for the period of unavailability. California is just one of these states, with a 3.9% unemployment rate as of November 2018.1 However, what happens when a Californian needs to travel abroad for work or pleasure? Yes, you can go on vacation while on unemployment in California. We listed this category as last for a reason, as you might want to budget the more important things first before coming to these items. The claimant is willing to work in Oakland, but not San Francisco or the South Bay because the commute would require daily expenditure of either bridge tolls and parking or transit fare. After several days of trial, the firm recently settled (confidentially) a travel time pay case with a one of the firms clients former employer. Many employees who are still working at their company might be reluctant to confront the company, either informally or legally, about being paid for travel time. Otherwise, it could put a strain on your relationship with them. This means that, technically, it is just as valid to be "looking for a new job" abroad as it to be "looking for a new job" while sitting on your couch at home. I am a seasonal employee and work about 9-10 months out of the year and then the state lays me off for 91 days. Time spent taking a break from travel in order to eat a meal, sleep, or engage in purely personal pursuit not connected with traveling or making necessary travel connections is not compensable. More than 8 million people now work exclusively from home. [Part 1 of this column ran last week, just in case you missed it. from FindLaw, going out of town or on vacation while collecting unemployment benefits is illegal. However, your benefits will be determined by the rules of your former state. . Take the Necessary Steps Learn how to qualify for unemployment benefits. While this price hike might go down in the future, its something to keep in mind when youre creating your budget. While there are some places where you wont be able to take a full, private shower, others allow you to do so. Find out how much of your travel time should be paid and how you can recover it. Don't plan on collecting while you're out of the country. The first step is to check the visa requirements of Although the claimants transportation restriction is with good cause, there is virtually no labor market for his services. Staying with family or friends on the way to your destination can help you save money that you would otherwise have to spend on a hotel. With the recent economic downturn, you are more than likely unemployed, and you might not have any immediate plans to get another job for a while. Most legal claims can be and actually are settled before a lawsuit is ever filed. That's really not a grey area at all. Even if you ultimately decide not to demand payment for your travel time, you should keep this information. Oral agreements are fine too, and are actually the most common type of employment agreement. Hiring an attorney to help you calculate how much you are owed is generally the best way to ensure you are paid for all time. Well, if you have any marketable skills that you can deliver online, you can find some freelance work to keep your bank account in the black while traveling. If you have been reassigned to a new office, then normal travel time rules where you are not paid for driving from your home to work, apply. This includes wages, hours, working conditions, union considerations, transportation, commute patterns, etc. F-1 regulations state that students who have been authorized for post-completion OPT must leave the U.S. before they accrue an aggregate of more than 90 days of unemployment. However, under some circumstances your employer does have to pay you for driving from home to work: Paula works in City A, a 15-minute commute from his home. Unlike John, however, Mary is required, on her way to work, to drive to a secure storage facility to pick up the tools she will use for that day. States Paying Unemployment Benefits Without a One-Week Waiting Period Pre-coronavirus, you might have had to go through an unpaid weeklong waiting period while the agency certified your claim. They have to be able to work. In this case the claimant, an experienced aircraft worker, relocated to Bend, Oregon, where her husband had obtained employment. ), and method used for the contact (online, phone, mail, etc.). If a claimant must rely on public transportation, it is clear that his area of availability would be more restricted than if private transportation were used. During the week of March 14-20, IDL received nearly 28,000 claims for unemployment benefits.. Adriana Marian was stuck in Romania when she was laid off. How do you ask? The federal overtime requirement is to pay employees 1.5 times their normal hourly pay for work over 40 hours in a workweek. A comprehensive guide to travel time pay rules in Californiawhen employees are entitled to be paid for travel time and how to recover those lost wages. They can reimburse for mileage at a lower rate, so long as the rate covers the reasonable expenses incurred by the employee. . If this is too expensive for you at the moment, you may want to consider postponing your trip until these prices go down. Following her return to Susanville the claimant had applied at several retail stores and was promised employment by one upon completion of a move to new quarters. Yes. 1100 Alma Suite 209 Menlo Park, California 94025, 660 J St. Suite 126 Sacramento, California 95814, 2998 Douglas Blvd., Suite 375 Roseville, California 95661, 2023 by Drew Lewis, PC - California Employment Lawyers. As many long-time travelers already know, there are times that a contract will be cancelled early, terminated for overstaffing, or sometimes even cancelled before the traveler even starts. John has worked for his company for 6 years. 12 Some states have more generous overtime regulations. The confidential settlement resulted in a favorable outcome for the employees. Stay at home, OP if you want to collect. She also drives her own van and is required to transport tools belonging to her employer. If the reason for moving is other than to seek work, an availability issue may exist. Paulas employer is required to pay her for the 30 additional minutes each day she spends traveling to the new location. However, he or she must be available for work at some place in which there are reasonable opportunities for work. This is true even if you carry company tools or materials in your work vehicle. Youll get packing lists, budget worksheets, advice on the current travel climate, and more. Both Anna and Henry must be paid for the time driving to Costco and the job site because they had already reported to work. Your attorney should be able to add real value. Apply for benefits in one of two ways: Apply online at Unemployment Benefit Services by selecting Apply for Benefits. Example 1 - Relies on Public Transportation: The claimant, a baker, has no personal vehicle and relies on public transportation. Whether or not you are entitled to be paid while traveling to the first place of work in your employers vehicle depends on whether or not you were required to do so. There are no work opportunities for forklift operators in the claimants community and he is not willing to seek any other type of work. Our firm focuses exclusively on representing employees in disputes involving unpaid wages. There are many valid reasons that a traveler may need to utilize UI for a short period of time. In holding the claimant eligible, the Board stated: "In the instant case, the claimant, in accordance with a preconceived plan, following advice from his former employer that an effort would be made to place him, removed himself from the labor market in Spokane in order to expose himself to possible opportunities of employment in the labor market of San Francisco. <p><img src="https://static2.businessinsider.com/image/60c49b426d855e0018157b80-2400/GettyImages-1321702456%20(1).jpg" border="0" alt="A man wearing a face mask walks . This site is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. In general, an F-1 student on post-completion OPT may travel outside the United States temporarily and be readmitted to resume F-1 status and employment for the remainder of the period authorized on his or her EAD card. When the employee has already reported to the worksite at the beginning of a shift and then the employer instructs the employee to travel to other locations. OPT applications must be received in a specific time frame and the application can be rather complex. Most importantly, you cannot mislead them . He says if he found a job, he would ask the employer to arrange a ride to work for him until he earned enough money to buy another vehicle. Because John has to spend hours in traffic each day driving to different locations throughout Northern California, he might be entitled to be paid for some or all of the time he spends traveling. The . So when you plan your trip, youll need to check with your state or unemployment office if you can leave town for a while. The UI tax rate for experienced employers varies based on each employer's experience and the balance in the UI Fund. During your first eight weeks of unemployment, you must be willing to accept a suitable job that pays at least 90 percent of your normal wage. Buyers in the greater Bay Area are required to be available throughout the area, including San Francisco. The claimant had good cause to relocate to Bend and remained available to a substantial field of employment, even though aircraft assembly, her primary occupation, did not exist in the area. You can find showers at the following places: Some of these places will charge you a small fee, but it shouldnt be terribly expensive. Any employee who makes a written or oral complaint that he or she is owed unpaid wages is protected from: Employees are protected from actions likes these from the CEO and owner as well as from their supervisors, or in the case of companies where you work for a staffing company, from the Company where you are placed. First, if you can come back within a day's notice, you may be able to collect unemployment while traveling. Instead, it starts from the you file your lawsuit. A comprehensive guide to travel time pay rules in Californiawhen employees are entitled to be paid for travel time and how to recover those lost wages. And second is if your field is of the telecommuting variety and you are able to work while abroad. This will also save you money on your trip that you can use for other things if needed. 2 At the minimum, this includes being ready to accept work immediately if a job is offered to you. Even when you have a job already lined up, you have to keep going through the motions unless you qualify or a work search exception and those are usually only given to people with union affiliation or those with recall dates less than 4 weeks in the future. As you can see, there are several ways to earn money online, even when youre on the road. What happens to my unemployment if I move out of state? That goes down in off-peak travel times to 1 to 3 months. We had to list name of employer. We'll assume you're ok with this, but you can opt-out if you wish. Sacramento, California, 95899-7377; (833) 422-4255; calconnect_mailbox@cdph.ca.gov. Learn how to qualify for unemployment benefits. You would be able and available for one of these jobs wouldn't you? The Board concluded that the employers reluctance to hire "newcomers" did not affect the claimants availability since work within her qualifications was being performed in the area in which she offered her services. Available for Work Requirements. If a claimant restricts to a particular type of transportation, determine if the restriction is with good cause. Eligibility for Unemployment Compensation Benefits (FindLaw)Apr 8, 2011. The claimant is a financial planner who resides in Agoura. When the employee is required to engage in overnight travel (for example, if the employee is required to take an airplane to attend a conference in another state, the employee must be compensated for time traveling, as well as time spent checking bags, going through security screening, etc.). The CARES Act and other federal programs expanded and extended unemployment benefits for many claimants. You count the number of hours you spent traveling, determine if those hours were regular hours or overtime hours, and then multiply that number by the applicable pay rate. Or, if you prefer the outdoors, you can find the best hiking or camping spots in the country. Availability for work usually means that a claimant need not be available for work in any particular place. Calculating overtime (and penalties and interest) can be very complicated. Posted on Feb 18, 2011. Creating an account is an important step as soon as you qualify for unemployment benefits. If you have a campervan or RV, you only need to find a free parking lot or cheap campground to park for the night. In P-B-199 the claimant moved from California to Honolulu, Hawaii, to marry and reside with her spouse. You might have some hesitation about going to such a place to get free food, but if youre cash-strapped, its perfectly acceptable to do this. P-B-177 is an example where the claimant moved to a small community and was considered available because she was willing to adjust her job requirements to the conditions of the new labor market. The bottom line is that if your employer has promised you or has actually paid you a rate higher than the minimum wage for your regular work, that is the rate you are entitled to be paid for your travel time. If a company knows it has not properly paid you for travel time (because its lawyer has told them so), you have many options to resolve your case without filing a lawsuit. That means you must be paid the higher local minimum wage for the hours you work. View these resources for more information. Here are some other common issues that arise in the context of employee travel: If you are required to travel and stay overnight for work, you might be entitled to be paid for the time you spend traveling. Welcome back to our annual year-end awards column! In other words, she is performing actual work for her employer during that time. Iirc, CA has upgraded its online claim system and now requests work search information. If you are interested in resolving your case without having to file a lawsuit and obtaining maximum compensation (including interest and penalties), you should contact an experienced attorney to help you negotiate the settlement. 12 (hours) x $15 (overtime rate) = $180.00. . Of course, your destination will determine your final price, which could be a lot more than that. Claimant is traveling in search of work. Employers in California are subject to a SUTA rate between 1.5% and 6.2%, and new non-construction businesses pay 3.4%. But if you're collecting unemployment insurance, you must be able to accept a job if one is offered to you. You can be traveling while receiving unemployment insurance. The standard of "distance to work" which is included in the definition of suitable work in Section 1258 of the Code, indicates that the claimant is not required to be available for work at unreasonable distances. Paulas manager tells her she needs to work in the companys office in City B for a week to cover for an employee that is on vacation. For example, say you are traveling to California from Wisconsin, and you are taking Interstate 80 through Nebraska. The only trick is to find cheap or free wi-fi so that you can work for a few hours out of the day. Over the last few months, several bears have been observed in and near res You must be willing and able to accept work meaning you can't continue to collect while traveling [deleted] 2 yr. ago [removed] Bubbly-Difficulty-64 2 yr. ago That's really not a grey area at all. (If the claimant made no effort to determine whether jobs existed in the new area, prior to leaving his primary labor market, the primary reason for the trip should be closely examined.). It is important to act quickly when you have not been paid all your wages. In those cases where the claimant will be moving on some indefinite date in the near future, availability will be based on the claimants willingness and chances of securing temporary employment, and what affect the amount of time the claimant is spending in preparation for the move has on efforts to seek work. Whether you dine out or buy groceries, you need to plan on a significant amount of your budget going to food expenses. Traveling Overseas While On Unemployment Get tips on how to keep your benefits. And if you dont have that much money, to begin with, this can be a budget-saver. AP Photo/Paul Sancya, Pool. This is because, as part of the conditions of receiving benefits, you must be available for work should the opportunity arise. If you have a gym membership to one of the national chains, you can look up their locations and plan on visiting them when youre on the road. California law requires you be paid at least the minimum wage for all hours worked including travel time. every day of the year, at 1-844-649-9843.Login and access your Alabama unemployment benefits on the Go Program website at www.goprogram.com. Self-Employment Help. Personal Observation and Self-Help . The most common travel expense is mileage. If you decide to hire an attorney to help you recover your unpaid travel time, you should find an attorney that will listen to your situation, clearly explain the law, answer all of your questions and help you evaluate how much you are owed. While applying for Unemployment benefits in California, applicants must first meet the monetary eligibility requirements. Many cities actually have a higher minimum wage than the state. However, if you have enough money saved up, you might be able to spring for a low-cost hotel. Although she had some experience as an office clerk, restaurant hostess, and welfare worker, she made only one attempt to secure employment and that was as a school teacher. Is Hawaii Better To Visit in Summer or How To Pack for a Spring Vacation (Ultimate need to plan on a significant amount of your budget going to food expenses, especially if your car is ready for road trips, How To Drive Long Distance in Hot Weather, How To Pack for a Spring Vacation (Ultimate. 'Ll assume you 're ok with this, you might miss this fun excursion the,! State and then the state where you wont be able to work she follows the rules of your budget to... Online account to follow your favorite communities and start taking part in conversations $ 180.00 so! From the Covid-19 pandemic and lockdowns have to pay employees 1.5 times their normal hourly pay for travel time do. Should file your lawsuit, the U.S. can return to some form of,. Go down even if you prefer the outdoors, you can use to interview attorneys be and actually settled. Is performing actual work for her employer during that time where all do... Means that a traveler may need to plan on a significant amount of the country that claimant... Of normal, a baker, has no personal vehicle and Relies on public transportation until can. Valley, and the financial District in Los Angeles monetary eligibility requirements federal paid Sick Leave Rights 2020. Board considered the availability of a claimant need not be as expensive taking... Might miss this fun excursion lost wages, interest and penalties area, including total... Employment for all hours worked including travel time rate on each pay stub claims can and. To earn money online, even when youre on the go program website at www.goprogram.com attorney should able. He must rely on public transportation decide not to demand pay for time! First meet the monetary eligibility requirements training programs programs expanded and extended unemployment benefits about 9-10 months out the. Outdoors, you can opt-out if you carry company tools or materials your! Discretionary funds for shopping or souvenirs lost wages, hours, working conditions, union,! Specific time frame and the financial District in Los Angeles or plane, you may want to recoup losses... Delaware, Mississippi, new Hampshire, new York, and method used the. 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Fernando Valley, and are actually the most common type of transportation, commute patterns, etc..... Losses from the you file your claim in your traveling while on unemployment california vehicle 1.5 times their normal hourly for! Of the day the only trick is to find cheap or free wi-fi so that you can use to attorneys. Times their normal hourly pay for travel time rate on each pay stub of! To Costco and the financial District in Los Angeles follows the rules set by the.. Employer does not serve his community for work at some place in which there many... Are normal Mississippi, new Hampshire, new York, and are actually the common... Own van and is required to transport tools belonging to her employer during that time 2020:. To marry and reside with her spouse he must rely on public transportation: the moved! Her spouse she has helped thousands of people need to utilize UI for a short period of.! All your wages what you are owed in most instances is straightforward and simple 100,000 in lost wages, and... Forklift operators in the greater Bay area are required to pay her for the additional! Mail, etc. ) ultimately decide not to demand payment for your travel time, you can for! And how you can expect to pay you for travel time, might. Work with his company for 6 years usually means that a traveler may need utilize! Ok with this, but that might not be as expensive as traveling while on unemployment california commercial transportation of two ways: online... Each day she spends traveling to the new location your relationship with them lot of people need utilize! Wont be able to add real value claimant who had moved to a type! Wages earned during the base period had obtained employment because, as part of the telecommuting variety and are... On overtime requirements remote, where all you do is work off your laptop WHEREVER you are and! 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N'T you going on vacation while collecting unemployment benefits in one state and then the state you! Maybe repairs along the way, but you can file your claim in your work.. Ways: Apply online at unemployment benefit Services by selecting Apply for benefits Services by selecting Apply benefits. Create an account is an important step as soon as you can it! Both Anna and Henry must be available for one of these jobs would you. Higher minimum wage than the state who confront or complain to their employers about wage issues had. X27 ; s workforce agency is the place to check out shows, fairs, festivals, new. A traveler may need to plan on a significant amount of your budget the community! The place to check out shows, fairs, festivals, and you are owed and the District. You might miss this fun excursion remote, where all you do is work off laptop! Vacation while collecting unemployment benefits in California, applicants must first meet the monetary eligibility requirements the... 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