Three Florida citrus pickers shorted H-2A visa employees on work and $72,000 in pay
Three Arcadia companies that use H2-A visa workers to pick oranges and other citrus fruits paid civil penalties for program violations including shorting workers a combined $72,609 in wages.
The Department of Labor’s announcement said that money, $590.31 per worker, went to 123 H-2A visa workers for AO Harvesting, Gustavo Cisneros Harvesting and Benjamin M. Ramirez Harvesting.
Labor says the companies harvested for Fort Myers’ Alico, and Ramirez Harvesting also harvested for Lake Wales’ Oakley Groves, companies that sell their fruit to Tropicana and Peace River Citrus, among others.
What is the H-2A temporary worker program?
The H-2A guest worker visa program allows companies to use non-immigrant foreign workers for seasonal work if the company anticipates a shortage of U.S. workers. But, the employers must follow a set of requirements, including:
▪ Trying to fill the jobs with United States-based workers first
▪ Paying special rates for H-2A workers
▪ Providing housing and transportation to the job site
▪ Providing meals if the housing doesn’t have kitchens or kitchenettes
▪ Providing H-2A workers work that’s at least 75% of the work specified in the job contract
Each company violated that 75% guarantee. AO Harvesting owed $37,005 in pay to 38 employees. Benjamin M. Ramirez Harvesting owed $30,915 to 31 employees. Each had to pay a $1,429 civil penalty.
Gustavo Cisneros Harvesting also didn’t reimburse workers for transportation costs. That company paid $4,688 to 13 workers and a $1,250 civil penalty.
AO Harvesting agent Alejandro Olguin acknowledged the back pay owed and civil penalty paid by his company in a phone call with the Miami Herald. Numbers listed for the other two companies were not working.
“The Wage and Hour Division will continue to protect the rights of essential agricultural workers, both domestic and H-2A visa workers, by conducting robust investigations of labor contractors and grove owners,” read a statement from Wage and Hour Division District Director Nicolas Ratmiroff. “Sadly, these types of violations are all too common in the citrus industry.”
Labor’s release on the violations also included that all three companies “used the services of Yolanda B. Celaya, an agent with CCH Bookkeeping.”
Celaya said her reaction upon hearing that was, “Whoa, that’s not nice!” She said she had no idea why Labor included her name.
“I don’t have any control of what they do,” Celaya said. “The only thing I do is process the H-2A paperwork so they can get H-2A workers.”
Who do you call about possible Wage and Hour violations?
The Wage and Hour complaint section of Labor’s website contains information on how to file a complaint if you believe your employer has violated FLSA. Miami’s Wage and Hour Division office can be reached at 305-598-6607. The national helpline is 866-4US-WAGE (487-9243). No matter a worker’s immigration or citizenship status, he or she can speak with the department, which says it can handle calls in more than 200 languages.
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