If you were a farm worker who worked in the fields of California, how might you decide to get to work? According to the Migrant Seasonal Workers Protection Act (MSPA), as part of the compensation package offered to farm workers in the state of California, there should be free transportation back and forth to the fields each day. In March 2017, a van, transporting workers, overturned, killing one and injuring six (6) others, outside of Calexico, California. The U.S. Department of Labor Wage and Hour Division (WHD) found that the agricultural company, Fisher Ranch LLC had failed to ensure that its farm labor contractor, Healthy Harvesting, was providing safe transportation to and from the fields for their workers.
It was found by the California Highway Patrol (CHP) that the vehicle had a blown tire, another bald tire and two other tires missing lug nuts to fully secure the wheels in addition to a missing seat belt; the combination of which was believed to have caused the accident. The CHP also found that the driver did not have a commercial driver’s license and that his personal driver’s license was suspended.
According to the U.S. Department of Labor’s Regional Solicitor, Janet Herold, “Growers must use transportation-authorized farm labor contractors to prevent these types of tragic and avoidable deaths. Farmworkers should not be putting their lives on the line simply by being transported to and from the fields by unqualified drivers using unsafe vehicles.”
The WHD provides agricultural employers with numerous tools to use to ensure that they understand how to comply with this law. The U.S. District Court for the Central District of California entered a consent judgment on July 25th, ordering Fisher Ranch LLC to pay $21,168 in back wages as well as $49,104 in civil money penalties for these violations against the MSPA as a result of this accident. In addition to these payments, Fisher Ranch LLC it also required to only contract with farm labor contractors that are transportation authorized. They are also required to implement a monitoring program of its farm labor contractors transportation practices to ensure that these contractors use safe and properly insured vehicles to transport their workers. When it comes to staying compliant with the Migrant Seasonal Workers Protection Act (MSPA), allow Rupal Law to help you stay ahead of your state employment regulations. A consult package with Rupal Law gives you the peace of mind of knowing your legal support and guidance is just a phone call away. Contact us today to learn more and take the first step towards compliance knowledge and avoidance of unexpected legal fees. www.rupallaw.com
