CALIFORNIA – The California Labor Commissioner’s Office (LCO) announced on February 4 that it secured a $6.175 million settlement with Alco Harvesting LLC (dba Bonipak Produce).
The settlement addresses wage-and-hour violations impacting over 10,000 farmworkers, including H-2A workers in employer-provided housing during the COVID-19 pandemic.
The H-2A visa program lets U.S. farms hire temporary foreign workers, but it has faced criticism for labor abuses and poor housing conditions.
In this case, the Santa Maria-based company failed to provide workers with the legally required written notice of available paid sick leave and COVID-19 supplemental paid sick leave.
Without this information, workers couldn’t fully access these protections.
Early in the pandemic, workers unaware of their paid sick leave couldn’t stay home when sick, raising the risk of COVID-19 spread.
Some H-2A workers suspected of having COVID-19 were quarantined in crowded employer-provided motel rooms.
“During the COVID-19 pandemic, many of us kept working, even while ill, without knowing that we had paid sick leave,” said an affected farmworker. “We lived in employer-provided housing, and the company controlled our work time and when we could leave.”
The worker added that when they traveled on their own time to get care and returned ready to work, some were fired.
The investigation also uncovered unpaid transportation time, overtime, and minimum-wage violations.
Investigation launched after farmworker died in employer-provided housing
The LCO launched the investigation in 2020 after learning that a farmworker in employer-provided housing had died from COVID-19.
$4.2 million of the $6.175 million settlement will go to farmworkers, including $1.5 million for unpaid sick leave and wages.
The remaining funds will cover additional wages and damages, penalties and interest, attorney fees, individual claims, and administrative costs.
The settlement also provides non-monetary relief, including required postings and notices to H-2A workers about paid sick leave, plus ongoing compliance and reporting requirements.
California labor laws protect all workers
The LCO says in California, all workers are protected by labor laws, regardless of immigration status.
Those detained or deported without full wages, or who faced retaliation or work-related immigration abuse, may contact the Labor Commissioner’s Office helpline at 855-526-7775.
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