The U.S. Department of Labor’s Wage and Hour Division (WHD) recently reported that San-Way Farms, Inc., and its owner recently paid $53,800 in back wages to 391 employees plus $35,000 in penalties for numerous violations of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
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According to the WHD, migrant and seasonal workers for San-Way in La Plante endured inadequate pay and unsafe housing conditions. Investigators found that many San-Way harvesters were paid piece-rate wages varying from $1.75 to $3 per container of picked crops. The employer failed to keep daily and weekly time records when employees were paid on a piece-rate basis, and employees were not paid for all hours worked, causing some employees’ wages to fall below the federal minimum.
WHD investigators found that San-Way failed to pay wages when due, failed to communicate employment terms to workers in a language they could understand when recruiting them, and failed to provide required wage statements.
The WHD also determined that trailers San-Way leased as temporary housing facilities for workers featured broken windows and screens, inadequate drainage, lack of ventilation, and lack of protection against the elements.
In addition to paying back wages, San-Way agreed to install a new electronic timekeeping system to properly track work hours and ensure accurate payment of wages.