US Department of Labor fines Santa Maria farms for withholding wages, benefits

May 25—Three Santa Maria farms were ordered by the U.S. Department of Labor to pay more than $250,000 in back pay and fines after a series of investigations discovered they did not follow requirements of the H-2A program, including failing to issue wages and provide transportation to nearly 600 workers.

The H-2A visa program allows farmers to hire seasonal laborers from outside the United States. Through that program, the nearly 3,000 H-2A workers in Santa Barbara County are entitled to payment for inbound transportation from their home countries, daily meals and free housing, among other protections.

Adams Bros. Farming, Boavista Farms and Profresco Inc. in Santa Maria and SARC Inc. in Nipomo were required to pay $223,228 in back wages and $33,888 in fines upon the conclusion of the Labor Department's investigations which ran from April 2020 to February 2022.

Under federal law, employers are required to maintain strict records, which the Department of Labor can audit, among other investigative techniques.

"Employers that benefit from the H-2A guest worker program must be aware of all their responsibilities," said Ruben Rosalez, Wage and Hour Division regional administrator in San Francisco. "Agricultural workers employed under the H-2A program must be paid as their contracts require and be provided with what they need to live and work safely while contributing critical labor to California's agriculture industry."

The four Central Coast farms, which grow strawberries, broccoli and other crops, were fined for, among other things, failing to provide written contracts, unlawful meal deductions — including meals that weren't provided — and failure to pay required transportation costs. Labor officials also noted that SARC Inc. did not meet local health standards regarding food handling, leading to some workers becoming ill after eating spoiled lunches.

In total, the four companies were ordered to pay back wages to 571 employees, with Profresco Inc. accounting for 471 of them.

Adams Bros. Farming and Boavista Farms declined to comment, while SARC Inc. and Profresco Inc. could not be reached for comment.

"Wage theft is unfortunately common for workers across the nation. H-2A workers can be particularly vulnerable because oftentimes they aren't familiar with their rights while working in the United States, or hesitate to report violations out of fear of retaliation," said Michael Petersen, western regional director of public affairs for the U.S. Department of Labor. "Our Wage and Hour Division conducts regular outreach to farmworkers and employers to make sure employers meet their responsibilities under the H-2A program and to provide workers with an understanding of their rights."

Included in the recent investigations was Togliatti Farms in San Martin.

According to labor officials, over the past two years, they have investigated 735 H-2A cases across the country, leading to more than $9 million in recovered wages for more than 13,000 farmworkers, and $9 million in fines. Over half of H-2A jobs are in California, Florida, Georgia, North Carolina and Washington.

Labor department officials will continue to monitor the farms to ensure all back wages and penalties are paid, as well as reexamine if regulations are being followed. Interest on back pay, increased fines or possible litigation on behalf of the employees are common steps taken if employers do not follow through with the Department of Labor's prescribed actions.