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  5. Acosta v. Fisher Ranch, LLC, 5:18-CV-01544 FMO (KKx). (2018)

Acosta v. Fisher Ranch, LLC, 5:18-CV-01544 FMO (KKx). (2018)

Court: District Court, C.D. California Number: infdco20180809659 Visitors: 18
Filed: Jul. 25, 2018
Latest Update: Jul. 25, 2018
Summary: [PROPOSED] CONSENT JUDGMENT AND ORDER as to DEFENDANTS FISHER RANCH, LLC, FISHER RANCH CORP., DEL RIO HARVEST, INC., and DANA BART FISHER JR. FERNANDO M. OLGUIN , District Judge . Plaintiff R. Alexander Acosta, United States Secretary of Labor, and Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., have agreed to resolve the disputes between them in this civil action and consent to the entry of this consent judgment as provided below.
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[PROPOSED] CONSENT JUDGMENT AND ORDER as to DEFENDANTS FISHER RANCH, LLC, FISHER RANCH CORP., DEL RIO HARVEST, INC., and DANA BART FISHER JR.

Plaintiff R. Alexander Acosta, United States Secretary of Labor, and Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., have agreed to resolve the disputes between them in this civil action and consent to the entry of this consent judgment as provided below. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr. agree to the terms of this consent judgment for settlement purposes only.

I. BACKGROUND

On March 15, 2017, a van carrying seven farm workers on their way to Fisher Ranch's fields overturned, killing one worker and injuring six others. The California Highway Patrol investigation disclosed that the fatality resulted from a blown out tire and a seat belt that had been removed. The report also disclosed that the van had a bald tire (apart from the tire that blew out), two wheels did not have all lug nuts properly securing the wheels to the van, and the driver did not have a commercial driver's license and his license had been suspended. The workers were recruited and hired by Fernando Pinedo and his company, Healthy Harvesting, while the van with the missing seat belt was owned by Jose Pinedo, Fernando Pinedo's uncle, and owner of JY Harvesting Inc.

Under the Migrant and Seasonal Agricultural Protection Act ("MSPA"), 29 U.S.C. § 1801, et seq., all persons who recruit and furnish agricultural workers to work for a grower must register as a farm labor contractor ("FLC") with the Department of Labor ("DOL"). FLCs that transport farmworkers must be approved to do so by the DOL, the vehicles they use must be inspected and certified and they must maintain certain levels of insurance. Although Fernando Pinedo/Healthy Harvesting was registered as an FLC to recruit and hire workers, neither he, nor his uncle, Jose Pinedo, was authorized to transport them.

Fisher Ranch contracted for labor to be furnished by Healthy Harvesting, who then caused the workers to be transported daily from Calexico, California, to fields owned or controlled by Fisher Ranch in Southern California for its harvests.

MSPA was originally enacted, in part, to address the low wages and unsafe working conditions suffered by many agricultural workers, particularly the high occurrence of vehicle accidents that killed or injured many workers because they were driven in unsafe vehicles or by persons who lacked drivers' licenses or the ability to drive safely. MSPA requires all persons who transport agricultural workers for their employers to undergo a medical examination, possess a valid driver's license, drive a vehicle that meets certain safety requires, and maintain sufficient insurance to cover damage to persons or property. When these prerequisites are met, the DOL will certify a farm labor contractor as "transportation authorized."

II. STATEMENT BY THE PARTIES:

A. The Secretary filed a complaint alleging that all Defendants violated the Migrant and Seasonal Agricultural Worker Protection Act.

B. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., waive formal service and acknowledge receipt of a copy of the Secretary's Complaint.

C. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., waive their answers and any defenses to the Secretary's Complaint.

D. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., agree that the Court has jurisdiction over the parties and subject matter of this civil action and that venue lies in the United States District Court for the Central District of California.

E. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., acknowledge that they and any individual, agent, or entity acting on their behalf or at their direction have notice of, and understand, the provisions of this Consent Judgment.

F. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., agree to resolve all allegations against them in the Secretary's Complaint.

G. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., agree to the entry of this Consent Judgment without contest.

H. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., do not contest that they contracted with Healthy Harvesting to furnish agricultural workers for their broccoli harvest in Blythe and melon harvests in Yuma, Arizona and throughout California since at least 2016.

I. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., do not contest that Healthy Harvesting was not authorized to transport workers.

J. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., do not contest that Healthy Harvesting transported workers from Calexico to Blythe every day to harvest broccoli for Defendants during the 2016 and 2017 harvests, and these workers depended on the transportation provided by Healthy Harvesting to get to the fields. These workers lived long distances from Defendants' fields, the fields were far from public transportation, and the workers did not have access to a personal car.

K. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., do not contest that they failed to take steps to determine if Healthy Harvesting was authorized to transport workers, had the required insurance, and was transporting workers safely, by licensed drivers, in vehicles that met required safety standards when they hired it.

L. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., do not contest that they employed the workers furnished by Healthy Harvesting for their broccoli and melon harvests in 2016 and 2017.

M. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., do not contest that they failed to request or receive any payroll records for the workers furnished by Healthy Harvesting, nor did they maintain any such payroll records for these workers.

N. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., do not contest that they failed to pay the workers furnished by Healthy Harvesting for all hours worked in that workers were not paid for the time spent at the beginning of the day while waiting for the crop to de-ice.

O. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., do not contest that they failed to pay the workers furnished by Healthy Harvesting the wages promised, and disclosed, to the workers, when they failed to pay them for time spent waiting for the crop to de-ice.

P. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., agree that they presently only hire FLCs who are transportation authorized to furnish their agricultural workers and will continue to do so.

III. JUDGMENT

Therefore, upon motion of the attorneys for the Secretary, and for cause shown, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that pursuant to Section 502 of MSPA, 29 U.S.C. § 1852, Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., their officers, agents, servants, employees, successors and all persons in active concert or participation with them are permanently enjoined and restrained from violating MSPA in any of the following manners:

1. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr. shall not, contrary to MSPA §§ 201(a) and 301(a), fail to disclose to all migrant and seasonal agricultural workers who work for them information regarding their wages and working conditions, including rates of pay and location of work, as set forth in 29 C.F.R. §§ 500.75 and 500.76;

a. Defendants shall require all FLCs who furnish workers to them to provide Defendants with a written list of the disclosures the FLC has made to these workers; b. Defendants must secure a copy of these disclosures prior to any worker beginning work so that Defendants can take steps to ensure that the FLC is complying with its obligations under MSPA; c. Defendants shall distribute a copy of these disclosures to the workers prior to them beginning work for Defendants and must include the amounts workers are charged for transportation; d. Defendants shall distribute to their FLCs a copy of the attached Exhibit B "Farm Workers' Rights to Accurate Information about the Job." Defendants' FLCs should then distribute Exhibit B to the workers prior to the workers beginning work for Defendants. e. Defendants shall take steps to ensure that their FLCs have made the disclosures to the workers at the time they recruit the worker as required by 29 C.F.R. §§ 500.75 and 500.76;

2. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr. shall not, contrary to MSPA §§ 202(a) and 302(a), 29 U.S.C. §§ 1822(a) and 1832(a), and 29 C.F.R. § 500.81, fail to pay, when due, all wages owed to migrant and seasonal agricultural workers whom they employ;

a. Defendants must take steps to ensure that workers are paid for all hours they present themselves as available to work including any time spent waiting for the crops to be ready to be harvested, waiting to check in, and waiting to complete paperwork; b. The wages rates paid to workers must be computed based on the rate disclosed to the workers as set forth in paragraph 1; c. Amounts charged to workers for transportation that were not previously disclosed must be treated as an illegal deduction and must be repaid; d. Defendants shall cure any underpayments within the following two pay periods;

3. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., shall not, contrary to MSPA §§ 201(d) and 301(c), 29 U.S.C. §§ 1821(d) and 1831(c) fail to make, keep or maintain all time and pay records;

a. Defendants shall obtain a copy of the time and payroll records from the FLC at the time each payroll is made, i.e., if the workers are paid for pay period January 1-7, 2018 on January 8, 2018, Defendants must receive a copy of that payroll on January 8, 2018.

4. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., shall not, contrary to MSPA § 402, 29 U.S.C. § 1842(b), and 29 C.F.R. § 500.71, hire, use or employ any person to perform FLC activities (including recruiting, soliciting, hiring, or transporting migrant or seasonal agricultural workers) who does not possess a valid FLC or FLC employee Certificate of Registration from the Secretary authorizing those FLC activities;

a. Defendants shall review each FLC's Certificate before entering into any contract with that FLC;

5. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., shall not, contrary to MSPA § 401(b)(1)(A)-(C), 29 U.S.C. §§ 1841(b)(1)(A)-(C), use or cause to be used vehicles for the transportation of migrant or seasonal agricultural workers without failing to (a) ensure that each driver providing transportation to migrant or seasonal agricultural workers has a valid and appropriate driver's license; (b) ensure that motor vehicles that are identified by the FLCs to be used to transport migrant or seasonal agricultural workers conform to MSPA's vehicle safety standards (certification by the California Highway Patrol that the vehicle is fit for such use shall serve as compliance); and (c) have the required minimum level of insurance.

a. Defendants shall require all FLCs to provide the VIN number of all vehicles that will be used to transport workers prior to beginning work and an inspection report showing that the vehicle meets DOL's safety requirements set forth in 29 C.F.R. §§ 500.100(a), 500.104, and 500.105 (certification by the California Highway Patrol that the vehicle is fit for such use shall serve as compliance). b. Defendants shall not fail to ascertain all persons who are employed by the FLCs to transport workers, are authorized to transport, are competently able to inspect the vehicle to ensure it meets DOL safety standards as set forth in 29 C.F.R. §§ 500.104 and 500.105, possess a valid driver's license, and have passed the required medical exam required when driving any vehicle other than a passenger automobile; c. Defendants shall maintain all vehicle inspection reports and records showing the names of the drivers with copies of their drivers licenses and medical forms for three years and make these records available to the representatives of the Department of Labor upon their request;

6. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., shall not request, solicit, suggest, or coerce, directly, or indirectly, any employee to return or to offer to return to the Defendants or to someone else for the Defendants, any money in the form of cash, check, or any other form, for wages previously due or to become due in the future to said employee under the provisions of this judgment or MSPA; nor shall Defendants accept, or receive from any employee, either directly or indirectly, any money in the form of cash, check, or any other form, for wages heretofore or hereafter paid to said employee under the provisions of this consent judgment or MSPA; nor shall Defendants discharge or in any other manner discriminate, nor solicit or encourage anyone else to discriminate, against any such employee because such employee has cooperated with the Secretary's investigation, testified against Defendants, or received or retained money due to him from Defendants under the provisions of this judgment or MSPA.

7. Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., jointly and severally, shall not continue to withhold payment of $21,168.00, which represents the back wages hereby found to be due for the Subject Period under MSPA, to the employees named in the attached Exhibit A in the amounts set forth therein.

8. IT IS FURTHER ORDERED AND ADJUDGED that Defendants Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., shall not fail to ensure that all FLCs who furnish agricultural workers are transportation authorized and are compliant with the transportation and safety requirements established by MSPA.

a. These FLCs must, upon being hired and at reasonable times thereafter, provide Defendants the VIN of any vehicle used to transport workers, a list of designated drivers and proof that each designated driver possesses the appropriate driver's license as required by law.

9. Defendants shall monitor all FLCs to determine compliance with MSPA. Defendants will conduct at least two random and unannounced audits of each FLC during work, at the peak and end of the 2018 and 2019 seasons. Defendants shall ensure that it has audited at least one FLC at each major location at which it cultivates and/or harvests crops. Any FLCs that has one or more crews with compliance issuances during one of the two audits will be subject to a third random audit during that year and if the FLC has not corrected the violations, that FLC shall be terminated.

10. The field audit process will be as follows:

a. Identify a team of people to conduct the audit b. On the selected day of the audit, review the prior date's time records to identify all contractors/crews performing work. c. On the date of each audit randomly select at least 3 motor vehicles used to transport workers for each FLC and inspect the tires, including tread depth, seatbelts, breaking lights, headlights, tail lights, and signal lights to ensure they function properly, and that the seats are securely fastened to the vehicle. d. For each crew performing work, interview a minimum of 4 employees for every crew. The workers should be interviewed away from the presence of their crew leader, foreman or supervisor, and should be asked the following: i. How did you get to work? ii. Where did you come from? iii. Driver's name iv. Driver's position (employee v. supervisor) v. Number of co-workers transported vi. Fee that was collected, if applicable vii. Base rate of pay viii. Regular pay day e. If any employees were transported by a supervisor/crew leader, then an audit of the crew leader will be conducted, and the following documents requested from the crew leader: i. Valid state and federal contractor license with transportation endorsement ii. Valid driver's license iii. Doctor certificate iv. Proof of insurance v. Vehicle inspection sticker f. Visual inspection of the work area for any vehicles that are not passenger automobiles that can transport 7 or more passengers. If the driver of the vehicle is deemed to meet the definition of a farm labor contractor, then an audit of the driver will be conduct similar to section "e" above. g. Any and all records created during the audits shall be maintained for a period of three years and made available to representatives of the Department of Labor upon their request.

11. Defendants shall inform the FLCs of any MSPA compliance issues revealed by the monitoring and corrective action recommended.

12. Defendants shall confirm that FLCs maintain business auto liability insurance that shall be no less than the amounts set forth in 29 C.F.R. § 500.121 which is currently $100,000 for each seat in the vehicle.

a. Prior to commencing the work and thereafter upon renewal or replacement of each certified coverage, the FLC shall furnish Defendants with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above.

13. Defendants shall distribute the following Notice of Farmworker's Rights Under Federal Law, attached hereto as Exhibit C, during the beginning and the peak of the season to all workers, including those hired directly and through FLCs, on their first day of work, and, again, enclosed with their paycheck during the peak of the season. Defendants shall also post this Notice in areas workers frequent, including in the vehicles that transport them, the toilets, and where the workers eat lunch, drink water and take breaks. Defendants shall distribute this Notice for two years from the date this Consent Judgment is entered.

14. IT IS FURTHER ORDERED AND ADJUDGED that Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., jointly and severally, shall pay to the Secretary the aforementioned sum of $21,168.00, pursuant to MSPA §§ 202(a) and 302(a), 29 U.S.C. §§ 1822(a) and 1832(a), for the Subject Period to the employees named in the attached Exhibit A in the amounts set forth therein.

15. IT IS FURTHER ORDERED that Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., shall pay the Secretary $49,104.30 in Civil Money Penalties assessed by the U.S. Department of Labor under 29 U.S.C. § 1853 for Defendant's violations of MSPA and finally determined.

16. JUDGMENT IS HEREBY ENTERED in the amount of $70, 272.30 against Fisher Ranch, LLC, Fisher Ranch Corporation, Del Rio Harvest, Inc., and Dana Bart Fisher Jr., jointly and severally, and in favor of the Plaintiff, Secretary of Labor. Defendants shall pay the $21,168 in back wages due under this Consent Judgment as set forth below. Defendants shall deliver all checks and documents required by this Consent Judgment to Assistant District Director Medina, Wage and Hour Division, United States Department of Labor, 770 The City Drive South, Suite 5710, Orange, California 92868 on or before the date due:

a. Within 15 days of entry of this Judgment, Defendants shall deliver a list containing the last known home address, social security, email address, and telephone number for each person named in the attached Exhibit A, if known. b. Within 15 days of the entry of this Consent Judgement, Defendants shall make a certified or cashier's check or money order for $21,168 payable to "Wage & Hour Div., Labor." The words "Fisher Ranch/BWs" must be shown in the memo line. c. The Secretary shall allocate and distribute the backwages to the persons named in the attached Exhibit A, or to their estates if necessary, in his sole discretion. Any money not so paid within a period of three years from the date of its receipt, because of an inability to locate the proper persons or because of their refusal to accept it, shall be then deposited in the Treasury of the United States, as miscellaneous receipts. d. Within 30 days of entry of this Consent Judgment, Defendants shall purchase at least three radio advertisements to run between 6:00 AM and 8:00 PM in two of the following radio stations: i. 99.3 FM in El Centro, California ii. 100.9 FM in El Centro, California iii. 94.5 FM in El Centro, California/Yuma, Arizona iv. 88.7 FM in El Centro, California v. 104.5 FM in Yuma, Arizona e. The advertisement referred to in paragraph (d) should include the following message in Spanish: i. If you worked for Healthy Harvesting or JY Harvesting Inc. harvesting broccoli from November 2016 to March 2017 in Blythe, California or Palos Verdes, California you may be owed wages. Please contact Department of Labor at 415-625-7700. ii. "Si usted trabajo para Healthy Harvesting o JY Harvesting Inc. cosechando brócoli en Blythe, California o Palos Verdes, California de Noviembre del 2016 a Marzo del 2017, puede ser que no se le hayan pagado todas sus horas y tenga derecho a recibir un pago adicional por estas horas. Por favor de llamar al Departamento de Trabajo al 415-625-7700." f. For the civil money penalties, Defendants shall make the check or money order payable to the order of "Wage & Hour Div., Labor," and shall list "CMPs" in the memo line.

17. Within 30 days of entry of this Consent Judgment, Defendants shall pay the $49,104.30 in civil penalties due under this Consent Judgment by delivering a certified or cashier's check or money order to Assistant District Director Medina. The check must be made payable to "Wage & Hour Div., Labor," and shall list "CMPs" in the memo line.

18. The filing, pursuit, and/or resolution of this proceeding with the filing of this Consent Judgment shall not act as or be asserted as a bar to any action under Section 16(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b), as to any employee not named on the attached Exhibit A, nor as to any employee named on Exhibit A for any period not specified therein.

19. Each party shall bear all fees and other expenses (including court costs) and attorneys' fees that might be available under the Equal Access to Justice Act incurred by such party in connection with any stage of this proceeding to date.

20. Nothing in this Consent Judgment and Order is binding on any government agency other than the United States Department of Labor, Wage and Hour Division.

21. This Court shall retain jurisdiction of this action for purposes of enforcing compliance with the terms of the Consent Decree. The Plaintiff agrees that it will not oppose Defendants' motion to vacate the Consent Judgment if it is filed at least five years after entry, and Defendants have complied with this Judgment.

IT IS SO ORDERED.

Exhibit A

First Name Last Name Total BWs Due 1. Jason Allans $252.00 2. Maria Ambriz $252.00 3. Sara Andrade $252.00 4. Cuauthemoc Arvizo $252.00 5. Hugo Barraza $252.00 6. Jose Barrera $252.00 7. Ernesto Briones $252.00 8. Jesus Capado $252.00 9. Petra Carbajal $252.00 10. Graciela Carrillo $252.00 11. Francisco Castillo $252.00 12. Reyna Chavarria $252.00 13. Jazmine Camacho $252.00 14. Jesus Cortez $252.00 15. Francisco Davalos $252.00 16. Concepcion De Romero $252.00 17. Maria Encinas $252.00 18. Rosa Espinoza $252.00 19. Jeorgina Espinoza $252.00 20. Edgar Fonseca $252.00 21. Carlos Gallo $252.00 22. Ricardo Gallo $252.00 23. Jaime Garcia $252.00 24. Jesus Garcia $252.00 25. Jose Garcia $252.00 26. Rosario Garcia $252.00 27. Juan Garibaldi $252.00 28. Yvonne Garcia $252.00 29. Ricardo Gutierrez A $252.00 30. Ricardo Gutierrez J $252.00 31. Juan Guzman $252.00 32. Angel Haro $252.00 33. Raymundo Hernandez $252.00 34. Ernesto A Ibarra $252.00 35. Sergio Ibarra $252.00 36. Dilcia Jimenez $252.00 37. David Landa $252.00 38. Ana Leon $252.00 39. Sonia Michelle Lopez $252.00 40. Ricardo Macias $252.00 41. Heraclio Marcos Ramirez $252.00 42. Meliton Marcos $252.00 43. Edith Marquez $252.00 44. Felipe Martinez $252.00 45. Juan Martinez $252.00 46. Miguel Martinez $252.00 47. Sujey Mata $252.00 48. Francisco Medina $252.00 49. Juan Medina $252.00 50. Michelle Medina $252.00 51. Juan Medrano $252.00 52. Yvonne Mendez $252.00 53. Yolanda Mendivil $252.00 54. Karen Monge $252.00 55. Martina Montoya $252.00 56. Fernando Moreno $252.00 57. Richardo Navarro $252.00 58. Lidia Navarrete $252.00 59. Maria Nunez $252.00 60. Susan Ojeda $252.00 61. Fernando Orozco $252.00 62. Alvaro Palafox $252.00 63. Jose Perez $252.00 64. Alex Rodriguez $252.00 65. Cristina Rodriguez $252.00 66. Jose Rodriguez $252.00 67. Jose Rodriguez G $252.00 68. Juan Ruvalcaba $252.00 69. Diana Sandoval $252.00 70. Jose Santiago $252.00 71. James Seabolt $252.00 72. Moises Soto $252.00 73. Manuel Tovar $252.00 74. Orlando Tovar $252.00 75. Olivia Valenciano $252.00 76. Yiessel Valenciano $252.00 77. Cristian Valenzuela $252.00 78. Maria Valenzuela $252.00 79. Blanca Vargas $252.00 80. Jesus Vargas $252.00 81. Jose Verdugo $252.00 82. Cristobal Woo $252.00 83. Patricia Zamora $252.00 84. Israel Zazueta $252.00 Total: $21,168.00

Exhibit B

Exhibit C

• Notice of Farmworkers' Rights under the Law •

The Department of Labor investigated a case where 1 farmworker died and 6 others were injured on their way to work in a car crash in Southern California. The van used by the farm labor contractor to take the workers to the fields overturned due to a tire blowing out. The van had at least one bald tire, two wheels did not have all lug nuts securing the wheels to the van, and one of the seatbelts had been removed. The driver also had a suspended license. Federal law prohibits contractors and growers from transporting farmworkers in unsafe vehicles driven by unlicensed drivers like the one here. You are receiving this Notice because the Department of Labor settled this case with Fisher Ranch, the grower for which the 7 farmworkers involved harvested for at the time of the accident.

Under Federal law, as a farmworker employed by an FLC you have the right to:

Safe Transportation Full payment of your wages • When an FLC provides transportation, you • To be paid the wage rate you were told about have the right to commute in a vehicle that is when you were informed about the job. The properly maintained and safe. For example, rate cannot be below minimum wage. with functioning seat belts, doors, lights, breaks, and without bald tires. • To be paid on time all of the wages you earned during the pay period. • To commute in an insured vehicle driven by a licensed driver. • To receive with your wages a paystub listing your earnings, piece rate, deductions, & • To ask the driver for a blue card showing hours worked. he/she is registered to drive with the Department of Labor, if the driver works for a • To refuse to buy any goods sold by the contractor. employer, foremen, supervisor, or crew leader. • Your right to a safe commute applies regardless of whether the contractor or grower uses a bus • To be paid for any time you spend waiting or the foreman or crew leader have you for the crops to be ready for harvest, waiting commuting in a truck, van, or car. to check in or to complete paperwork.

Safe Housing

• When an FLC provides housing, you have the right to receive written information, at the time you are informed about the job, about the housing provided: 1) who is providing the housing, 2) contact information of the person in charge of the housing, 3) rent, 4) rules, and 5) charges for utilities, meals, and other services.

• To live in a habitable place that for example is not overcrowded, does not have structural or electrical problems and has running hot and cold water.

• To easy access to written information about the housing's rules, if any.

It is your right to assert them and to demand that the contractor or grower respect your rights. It is against the law, for the contractor or grower to blackmail you, fire you, suspended you, discipline you, or in any other manner retaliate against you for exercising your rights.

If something is UNSAFE or you wages are being SHORTCHANGED, don't stay quiet. Call:

• The Department of Labor at 1-866-487-9243 • Or EMPLEO, a program that provides assistance to workers, at 1-877-552-9832

• Derechos de los Trabajadores Agrícolas bajo la Ley •

El Departamento de Trabajo investigo un accidente automovilístico donde un trabajador del campo murió y otros 7 más resultaron heridos cuando iban en camino al trabajo en el Sur de California. La van que uso el contratista para llevar a los trabajadores se volcó al reventarse una llanta. Además, por lo menos una llanta estaba lisa, dos ruedas no tenían todas las tuercas/birlos, y habían quitado uno de los cinturones de seguridad. La Ley Federal les prohíbe a los contratistas y rancheros transportar trabajadores al campo en vehículos inseguros como el que uso este contratista. Usted está recibiendo este Aviso porque el Departamento de Trabajo resolvió este caso con Fisher Ranch, el ranchero para el cual los 7 trabajadores que se accidentaron cosechaban.

Bajo la Ley Federal, como trabajador del campo trabajando con un contratista tiene el derecho:

A un transporte seguro A que le paguen todo su salario • Cuando un contratista proporciona un • A que le paguen el salario que le vehículo para transportarlo, usted tiene el prometieron, que no puede ser menos que el derecho a ir al trabajo en un vehículo seguro y salario mínimo. con buen mantenimiento: con cinturones, puertas, luces, y frenos que sirvan, y sin • A que le paguen a tiempo todo el salario que llantas lisas. gano en la semana o quincena. • A ir al trabajo en un vehículo con seguranza y • A recibir un talón de cheque que tenga sus con un chofer con licencia de manejar. ganancias, salario, horas trabajadas, y deducciones. • A pedirle al chofer que le enseñe una tarjeta azul que indica que esta registrado para • A negarse a comprar cosas que venda el manejar con el Departamento de Trabajo, si el mayordomo, contratista, supervisor, o líder chofer trabaja para un contrastista. de la cuadrilla. • Usted tiene el derecho a un transporte seguro • A que se le pague el tiempo que tenga que ya sea que el ranchero o contratista use un esperar porque la cosecha no está lista o por autobús o el mayordomo o líder de la cuadrilla llenar formas. lo tengan viajando en una troca, van, o carro.

A una vivienda habitable

• Cuando el contratista le proporciona un lugar para vivir, usted tiene el derecho a recibir por escrito sobre: 1) quien va a proveer la vivienda, 2) datos sobre la persona a cargo de la vivienda, 3) la renta, 4) reglas, y 5) cobros por comida, luz, agua, u otros servicios. Esta información se la tienen que dar cuando le avisan del trabajo, antes de que empiece a trabajar.

• A vivir en un lugar habitable que por ejemplo tenga agua caliente y fría, no este atiborrada de personas, no tenga problemas eléctricos o fallas estructurales.

• A tener acceso a las reglas de la vivienda por escrito, si existen reglas.

Usted está en su derecho de ejercer estos derechos y exigirle al contratista o al ranchero de que sus derechos sean respetados. Un contratista o ranchero actúa en contra de la Ley si lo ficha, lo despide, disciplina, suspende, o toma represalias de cual quiera otra forma porque usted ejerció sus derechos.

Si algo pone en riesgo su seguridad o no le pagaron sus horas, no se quede callado. Llame:

• Al Departamento de Trabajo al 1-866-487-9243 • EMPLEO, un programa que ayuda a los trabajadores, al 1-877-552-9832
Source:  Leagle
Lawyers who claimed
No Lawyers
Citations
5:18-CV-01544 FMO (KKx).
Counsels
  • Veronica Melendez Lopez
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