Farm Laborers Awarded Nearly $270K in Unpaid Overtime

Posted by: Brian Schaffer

The U.S. Department of Labor recovered close to $270,000 in unpaid wages and damages for 76 laborers working on an onion farm after an investigation found wage and other employment violations.

What Did the Department of Labor Recover for the Farm Workers?

According to the Department of Labor, Ontario Partners LLC employed agricultural workers on temporary H-2A visas who weren’t listed in the farm’s H-2A application and failed to pay required overtime rates. The company also incurred civil penalties.

What H-2A and Overtime Violations Were Identified?

The investigation identified additional H-2A program issues involving transportation, reimbursement, and housing conditions.

Do Temporary Visa Workers Have Wage Protections?

The matter shows that visa status doesn’t eliminate workplace protections and that wage investigations can involve both compensation and program-specific requirements.

An inquiry doesn’t establish that a claim exists, guarantee that the firm can accept the matter, or create an attorney-client relationship. This page provides general information, not legal advice. Don’t send confidential or time-sensitive information through an online form. Prior results don’t guarantee a similar outcome.

FREQUENTLY ASKED QUESTIONS

Do U.S. wage laws protect H-2A farmworkers?

Yes. H-2A workers have wage and other employment protections under the H-2A program, and employers must comply with the applicable federal requirements. Depending on the work and jurisdiction, other federal or state wage laws may also apply. Agricultural work has special rules and exemptions under the FLSA, so overtime coverage isn’t identical for every farmworker. The Department of Labor recovery involved H-2A workers and findings concerning both compensation and program requirements.

Are agricultural workers always exempt from overtime under the FLSA?

No blanket statement covers every worker who labors in agriculture. The FLSA contains an overtime exemption for employees working in agriculture as the statute defines that term, but work outside that definition may be treated differently. State law can also provide overtime rights beyond federal law. Determining coverage can require examining the employer’s business, the tasks performed during each workweek, where the work occurs, and whether another exemption or protection applies.

What housing protections can apply to H-2A workers?

Employers participating in the H-2A program must satisfy federal requirements, which include housing obligations for eligible workers who can’t reasonably return to their residence each day. Housing must meet applicable safety and health standards. The farm-labor investigation identified housing issues in addition to wage violations. Housing, transportation, recruitment, and recordkeeping requirements can therefore be relevant in an H-2A investigation even when the headline issue involves unpaid wages.

What records should temporary agricultural workers keep about pay and working conditions?

Workers can keep pay statements, time records, work schedules, the job order or contract, housing documents, transportation records, photographs, and messages from supervisors or recruiters. It can also help to record actual start and end times and the tasks performed, especially if duties change during a workweek. H-2A cases can involve several overlapping program requirements, so records concerning both compensation and the terms promised to workers may be useful.

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