Valley grower gave preferential hiring to foreign workers, must pay $3.5M, says court
A Valley blueberry grower has been ordered to pay a total of $3.5 million under a federal judgment related to preferential hiring practices, among other workplace and visa program violations.
The U.S. Department of Labor’s Wage and Hour Division on Monday announced Delano-based blueberry grower Munger Bros. and two related companies — Crowne Cold Storage LLC, and Sarbanand Farms LLC — will pay $2.5 million the back wages to about 3,000 workers.
The money will be paid under a consent judgment entered in the U.S. District Court for the Eastern District of California, according to a news release from the U.S. Department of Labor.
Munger Bros. is considered one of the country’s largest blueberry producers, the release said.
An investigation by the department found violations related to the H-2A visa program and the Migrant and Seasonal Worker Protection Act. The visa program allows U.S. employers who are experiencing a shortage of domestic workers to hire temporary agricultural workers from other countries.
“Munger Bros. and the two related companies will also pay $1 million in civil money penalties due to the seriousness of the violations found during the 2017 blueberry harvest season in California and Washington,” the release said.
Munger Bros. and the other named companies must refrain from participating in the H-2A visa program and from using H-2A labor contractors for three years under a consent judgment from the U.S. Eastern District Court.
When the companies resume to use those services, they must follow certain rules, such as continuing to recruit, contact and rehire any workers already in the U.S., the release says.
When the companies use the H-2A visa program, they must also first make every effort possible to meet their needs with local farm contractors, the release says.
“Investigators found Munger Bros., Crowne Cold Storage LLC, and Sarbanand Farms LLC violated the H-2A program by unlawfully giving preferential hiring treatment to temporary foreign agricultural workers; and for failing to recruit, contact and re-hire U.S. workers, including those previously hired through farm labor contractors,” according to the release.
The investigation also found the companies didn’t provide safe housing to the H-2A workers, didn’t pay them the required rates, and failed to provide them safe transportation, the release says.
The companies used local farm labor contractors to provide transportation without proper authorization, didn’t provide the workers with their terms and conditions of employment and didn’t accurately track hours worked by employees on a daily basis, according to the release.
This story was originally published December 9, 2019 at 2:24 PM.
.jpg)