Wage and Hour Division (WHD)

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SAN FRANCISCO -- A Bakersfield-based farm labor contractor has been assessed $70,000 in civil money penalties and $5,900 in back wages following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

The investigation was prompted by a traffic accident on Dec. 20 that killed five farmworkers being transported to work near Mendota in Fresno County. The department found that farm labor contractor Central Valley Contracting (CVC), owned by Santiago Martin Sr. of Bakersfield, violated provisions of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) and owed back wages to 50 farmworkers.

Central Valley Contracting was responsible for the five deceased farmworkers’ transportation to work by one of its crew leaders. The alleged MSPA violations include the employment of unregistered farm labor contractor employees, using unauthorized farm labor contractor employees to transport farmworkers, and transporting farmworkers in eight vehicles without having the minimum required vehicle insurance. Wage and Hour found similar violations by CVC in 2002 and 2004.

Alleged back wage violations include failure to disclose to the farmworkers in writing that they would be charged for their ride to and from work each day, failure to pay the promised rate of pay, and failure to pay for driving time as work hours.

“The department is committed to protecting farmworkers from unsafe and under-insured transportation.” said George Friday, Jr., Wage and Hour Western regional administrator. “We hold farm labor contractors accountable under the Migrant and Seasonal Agricultural Worker Protection Act to ensure that all vehicles used to transport farmworkers meet the law’s safety standards and insurance requirements, including appropriate licenses to drive.”

Central Valley Contracting has requested a hearing concerning the alleged violations before an administrative law judge. A hearing is pending. CVC was under contract with Paramount Farms of Bakersfield when the accident occurred.

For more information about MSPA and other laws administered by the Wage and Hour Division, call the Sacramento Wage and Hour office at (916) 978-6123 or the Department of Labor’s toll-free help line at (866) 4USWAGE (1-866-487-9243). Information is available on the Internet at www.wagehour.dol.gov.

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