Wage and Hour Division (WHD)

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SAN FRANCISCO -- The U.S. Department of Labor has assessed an Orosi, Calif.-based farm labor contractor $37,600 in civil money penalties and $1,014 in back wages. The action follows investigations by the Labor Department’s Wage and Hour Division into two separate accidents which resulted in the deaths of three farmworkers and injuries to a total of 12 others.

The department found that G.V. Farm Labor Service, owned by George L. Valdez of Orosi, violated numerous provisions of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) and owes back wages to 21 farmworkers. The initial investigation was prompted by a traffic accident near Selma on May 16 that killed three farmworkers and seriously injured five others being transported to work near Laton. The Labor Department expanded the investigation following a second traffic accident involving the same contractor near Hanford on Aug. 22 that seriously injured seven farmworkers being transported to work in a peach orchard.

The department assessed penalties for unsafe vehicle operation and unsafe driving, as well as lack of one seat and seat belt use during the first accident. Civil money penalties for the second accident were assessed for unsafe vehicle operation and unsafe driving, as well as failing to ensure that the driver had a valid license, failing to have proper vehicle insurance, failing to register employees, and transporting workers without authorization. G.V. Farm Labor Service was deemed responsible for the transportation of the employees to the work sites by its crew leaders. The department found similar transportation violations by the company in 1995.

The other MSPA violations alleged include failing to disclose employment conditions to workers, not posting a MSPA poster at the worksite, not keeping employer records, not providing wage statements to workers, failing to pay wages when due, and failing to provide safe transportation for both accidents.

“The department is committed to protecting farmworkers from unsafe transportation.” said George Friday Jr., regional administrator for the Wage and Hour Division in San Francisco. “We consider the loss of life and serious injuries from these accidents unacceptable, and we are holding the farm labor contractor accountable under the Migrant and Seasonal Agricultural Worker Protection Act. We want to ensure that all vehicles used to transport farmworkers meet the law’s safety standards and insurance requirements, including appropriate licenses to drive.”

G.V. Farm Labor Service has requested a hearing concerning the alleged violations before an administrative law judge. A hearing is pending. The company was under contract with Tos Farms of Hanford when both accidents occurred.

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

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