Podcast: Head Down, Episode 2
Summary
Date Reported: 21 Sep 2023
Location: United States of America
Companies
Sarbanand Farms - EmployerOther
Not Reported ( Recruitment agencies ) - RecruiterAffected
Total individuals affected: Number unknown
Migrant & immigrant workers: ( Number unknown - Mexico , Agriculture/food/beverage/tobacco/fishing: General , Men , Documented migrants )Issues
Illness , Deaths , Precarious/Unsuitable Living Conditions , Right to Food , Intimidation , Human Trafficking , Reasonable Working Hours & Leisure Time , Freedom of Assembly , Wage Theft , Freedom of Expression , Heat exposure , Dismissal , Occupational Health & SafetyResponse
Response sought: No
Action taken: Saraband, Munger Brothers and the recruiter agreed to pay $3.4 million to settle, however they denied all wrongdoing or liability. Over 500 workers received about $4,000 each and those who protested also received an additional $10,000 each. Further, two years later, it was found that the Munger Brothers and two related companies violated the rules of the H-2A programme and failed to provide safe housing and proper pay. They were ordered to pay $3.5 million dollars in back wages and penalties and were prohibited from participating in the H-2A programme for three years.
Source type: News outlet
...THE GOVERNMENT ALLEGED TWO MIGRANTS DIED AND OTHERS WERE RAPED. THEY WERE LEGALLY-WORKING HERE. PROSECUTORS SAID THE MIGRANTS WERE RECRUITED AND ENSLAVED BY U.S. EMPLOYERS WHO TOOK ADVANTAGE OF THEM, THROUGH A GOVERNMENT PROGRAM FOR TEMPORARY WORKERS…IN ADDITION TO ALL OF THE HORRENDOUS PHYSICAL AND EMOTIONAL ABUSE, THE WORKERS GOT LITTLE TO NO PAY…
…BUT TO REALLY UNDERSTAND THE LEGACY OF RACISM AND EXPLOITATION IN THE U.S. AGRICULTURAL INDUSTRY, WE NEED TO GO EVEN FURTHER BACK. TO THE FAIR LABOR STANDARDS ACT…
…THE STOLEN WAGES, THE MISTREATMENT, IT’S EASY TO SEE THAT NOT MUCH HAS CHANGED…
…JOE REPRESENTED THE BROTHERS AND ABOUT 500 OTHER WORKERS IN THE LAWSUIT THAT ALLEGED SARBANAND VIOLATED FEDERAL ANTI-TRAFFICKING LAWS AND USED CONSTANT THREATS AND INTIMIDATION AGAINST H-2A FARMWORKERS…
…IF MIGRANT FARMWORKERS LOSE THEIR JOBS, THEY ALSO LOSE THEIR IMMIGRATION STATUS BECAUSE THEIR VISAS ARE TIED TO THEIR EMPLOYER…
… IT WAS THE EMPLOYEES WHO HAD EVERYTHING TO LOSE. THE BROTHERS, AND THE OTHER WORKERS WHO WERE FIRED FOR PROTESTING…
…IN LATE 2019 THERE WAS AN AGREEMENT IN THE CLASS ACTION LAWSUIT. THE DEFENDANTS IN THE LAWSUIT: SARBANAND, MUNGER BROTHERS AND THE RECRUITER, AGREED TO PAY $3.7 MILLION TO SETTLE…
…FOR H2A WORKERS, FILING A COMPLAINT IS A HUGE EFFORT…