Labor Department fines California grower for violations

Audio By Carbonatix

(The Center Square) – The U.S. Department of Labor recovered $171,400 from a California agricultural employer for employment violations. 

Lucky Growers Inc., based in San Marcos, Calif., charged 30 workers rent in unsafe housing conditions that did not comply with federal law, according to the Labor Department. 

While investigating housing conditions, federal officials found that agricultural workers were living in housing with structural damage, mold, insect and rodent infestation and missing lighting. The investigation also found the housing did not have fire extinguishers, first aid kits or working smoke detectors. 

The Labor Department's wage and hour division recovered $171,400 that it will use to reimburse workers for the rent charged. 

“Farmworkers provide essential labor that helps feed millions of Americans, and they have rights that are federally protected,” said Wage and Hour Division Assistant District Director Emily Eckstein in San Diego. 

Lucky Growers Inc. has locations in San Marcos, Calif., and Portland, Ore. The grower employers 79 workers and operates 180 acres of land. 

According to data from the U.S. Department of Agriculture, 42% of farmworkers in the United States do not have U.S. work authorization.

Jessica Vaughan, policy director at the Center for Immigration Studies, said a lack of legal status causes agricultural workers to face rights violations and poor housing conditions across the country.

In 2023, the Department of Labor debarred a farm labor contract agency in North Carolina for wage violations. The Department of Justice has also litigated numerous cases against migrant worker recruitment agencies.

Vaughn said states can take a more active role in policing these issues to protect migrant workers. 

“I would like to see states,’” Vaughn said, “Setting standards, setting expectations."

Rosemary Jenks, policy director of the immigration accountability project, said employers are required to follow strict regulations to provide housing and transportation to agricultural workers. She said growers should be more focused on using technological modernization instead. 

"We should be, as a country, incentivizing growers to invest in capital, to invest in the machines that can pick the crops rather than relying on an imported slave class to pick them," Jenks said. 

The Department of Labor said it would continue to investigate other agricultural employers for workplace violations and safety concerns. 

“Lucky Growers failed to meet its legal requirements for employing agricultural workers," Eckstein said. "The Wage and Hour Division remains committed to protecting farmworkers and holding accountable employers who violate the law.”