Wage and Hour Division (WHD)

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LAWRENCEVILLE, N.J. -- A federal investigation of the Burlington County accident that killed three migrant farm workers and seriously injured four others on Sept. 6, has resulted in the U.S. Department of Labor citing James Durr, James Durr Wholesale Florist of Wrightstown, N.J. and farm labor contractor Alfredo Heriberto Lopez for violations of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Letters assessing civil money penalties for the alleged violations were sent on Dec. 16, 2002.

"The Labor Department has charged James Durr Wholesale Florist with failing to provide safe transport vehicles for the 14 workers on the farm labor contractor's crew," said Corlis Sellers, northeast regional administrator of the Labor Department's Wage and Hour Division. "The van used to transport the workers did not have enough seats for every worker. Workers were forced to sit on the floor or plastic crates."

The farm was also cited for failing to disclose conditions of employment to the workers, failing to make/keep employer records, failing to provide wage statements to workers, engaging the services of an unregistered farm labor contractor, and failing to ensure housing safety and health. A total penalty of $24,400 was assessed.

Alfredo Heriberto Lopez, cited for failing to register, failing to disclose conditions to workers, failing to make/keep employer records failing to provide wage statements to workers and failing to provide safe transport vehicles for workers, was assessed a $22,500 penalty.

"These penalty amounts are in no way meant to place a value on the tragic loss of life in this case," Sellers said. "Each human life is priceless. This tragedy might not have occurred if Mr. Durr had engaged a registered crewleader as required by law."

Registered crewleaders have to provide proof of their eligibility to be farm labor contractors, proof of vehicle safety and insurance coverage, and proof that the driver of the farm labor transport vehicles has a proper license and medical certification.

James Durr and Alfredo Lopez have the right to request a hearing in order to appeal the Labor Department's enforcement actions in the case. The request must be filed within 30 days from the date of the letters issued by the department.

For more information about the provisions of MSPA, call the Department of Labor's toll-free help line at 1-866-4US-WAGE (1-866-487-9243), or the Wage and Hour Division's Lawrenceville Office at (609) 989-2247. Information is also available on the Internet at www.wagehour.dol.gov.

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