USA: DOL recovers USD45.4k back wages for H-2A agriculture workers at Mt. Clifton Fruit Co. & finds violations relating to housing, health & safety
Summary
Date Reported: 2 Aug 2023
Location: United States of America
Companies
Mt. Clifton Fruit Co. - EmployerAffected
Total individuals affected: 55
Migrant & immigrant workers: ( 50 - Mexico , Agriculture & livestock , Gender not reported , Documented migrants ) , Workers: ( 5 - Location unknown , Agriculture & livestock , Gender not reported )Issues
Wage Theft , Precarious/Unsuitable Living Conditions , Occupational Health & SafetyResponse
Response sought: No
Action taken: The investigation recovered $45K in back wages.
Source type: Government publication
"Investigation recovers $45k in back wages from fruit company that denied dozens of agricultural workers full wages, transportation and housing,"
...
Investigative findings: The U.S. Department of Labor’s Wage and Hour Division found the employer violated multiple requirements of the H-2A agricultural worker program by failing to do the following:
- Compensate 55 workers, 50 of whom came from Mexico, for all hours worked.
- Comply with the requirements of the agricultural job order.
- Pay the hourly adverse effect wage rates of $13.15 in 2021, $14.16 in 2022 and $14.91 in 2023.
- Comply with safety and health requirements for housing and transporting H-2A workers.
- Request a preoccupancy inspection of housing in a timely way.
- Comply with other applicable federal, state and local employment-related laws and regulations.
Back wages recovered: $45,384
Civil money penalties: $8,998
Workers affected: 55, which includes 50 H-2A program workers and five other workers
Quote: “Our investigation found the Mt. Clifton Fruit Company denied dozens of agricultural workers, many of whom traveled to the U.S. at the company’s request, safe housing and transportation, and their legally earned wages,” said Wage and Hour Division District Director Roberto Melendez in Richmond, Virginia. “In addition to recovering back wages, we assessed penalties for these deliberate violations.”...