|
 Printer-Friendly Version
ESA-WHD New Release: [09/22/1999]
Contact Name: John M. Chavez
Phone Number: (617) 565-2075
Release Number:
U.S. LABOR DEPARTMENT REACHES SETTLEMENT WITH CHERRYFIELD FOODS, INC., ON MIGRANT LABOR CAMP
BOSTON, MA — The U.S. Labor Department's Wage and Hour Division has entered into a settlement agreement with Cherryfield Foods, Inc., of Cherryfield, Maine. Cherryfield Foods has agreed to ensure that migrant blueberry harvesters live in safe and sanitary housing, that the workers receive information about the terms and conditions of their employment and housing, and to pay the harvesters their wages in a timely manner. The company also agreed to pay $10,000 in civil money penalties under the Migrant and Seasonal Agricultural Worker Protection Act for the violations uncovered.
According to George A. Rioux, Wage and Hour Division district director for Maine, NH and Vermont, the settlement agreement was reached following an investigation conducted by his office in July and August of a Cherryfield Foods/Cherryfield Farms-owned migrant camp in the Cooper, Maine area. The migrant workers were recruited in the South by a farm labor contractor named American Forestry Service Co. of Mississippi, Inc., on behalf of Cherryfield Foods.
Among other things, the investigation disclosed wage underpayments, record keeping problems, and a failure to inform the workers of the terms and conditions of their employment. Also revealed during the investigation were numerous housing deficiencies at the Cooper, Maine campsite.
Rioux stated, "We found safety and health problems at the camp ranging from inadequate drainage and substandard tents used for housing the workers to extremely unsanitary conditions involving food preparation areas and refuse containers. The list brought to the attention of the employer included quite a litany of problems. Fortunately, the employer has agreed to enter into a settlement agreement which addresses all of those problems."
Rioux noted that, in addition to paying a civil money penalty of $10,000, Cherryfield Foods, Inc., has agreed to implement a checklist system for maintaining safe and healthful conditions for migrant workers. The extensive checklists will be completed a least two times per week at each site where migrant workers are staying. Noted deficiencies that can be corrected immediately will be remedied upon discovery. Other deficiencies not subject to immediate correction will be corrected within 24 hours of their discovery.
In addition, the company agrees to disclose to each worker the terms and conditions of their employment at the time the offer of employment is made; to disclose to each migrant worker the terms and conditions for the occupancy of company provided migrant housing; to maintain proper payroll records and to provide each worker with a proper payroll statement; and to pay all workers their wages when due.
"This is a very positive outcome for both the workers and the company," said Rioux. "Instead of spending time and money in litigation, this employer has decided to enter into a partnership with the Labor Department to help ensure the safety, health and well-being of their migrant employees under the provisions of the Migrant and Seasonal Agricultural Worker Protection Act."
The law, administered by the Wage and Hour Division of the U.S. Labor Department, provides for the protection of migrant and seasonal agricultural workers and for the registration of contractors of migrant and seasonal agricultural labor. The Manchester District Office is located at 2 Wall Street in Manchester, NH and can be reached at 603-666-7716. There are 2 field stations in Maine: the Bangor field station can be reached at 207-945-0330, and the Portland field station can be reached at 207-780-3344.
| 
