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Exploitation of H-2A Workers Merits Fines

 11/21/2023

The U. S. Department of Labor has imposed a fine of $140,000 on McClenny Farms located in Mt. Olive, NC.  According to the allegations in the documentation, McClenny Farms and their labor agent, Franscisco Valadez, Jr. were jointly responsible for: -

 

  • Failure to reimburse workers for visa application fees and inbound transportation.
  • Failing to have accurate records on earnings and hours worked.
  • Failing to pay statutory wage rates as included in contracts.
  • Unlawful cost shifting by imposing unreasonable transport charges.
  • Intimidation of workers including confiscation of passports and visas.

 

It is instructive to note that the Department of Labor fined both McClenny Farms, the employer, in addition to the agent who has been disbarred from participation in recruitment of workers under the H-2A program. In addition to the civil penalties, the Wages and Hours Division of the Department of Labor recovered back wages for affected workers.

 

Exploitation of H-2A agricultural workers was widespread during Fiscal 2022.  The Department of Labor recovered more than $5.8 million in back wages for 8,300 workers following 879 investigations and imposed more than $8 million in penalties.

 

Richard Blaylock, District Director of the Department of Labor, Wage and Hour Division in North Carolina, stated, “McClenny Farms and Francisco Valadez, Jr. took advantage of dozens of workers recruited to do the physically demanding work of picking produce and tobacco on farms in Wayne County.  Our investigations found these employers violated their legal obligations and preyed on people who travel to the U.S. for better-paying work simply to support themselves and their families back home.”

 

Despite the fact that we have millions of U.S. citizens obtaining welfare payments, the agricultural sector is reliant on foreign workers under the H-2A program to cultivate and harvest crops. This is an issue that should be addressed by a subsequent Administration. If we are to have seasonal H-2A workers, we should be fair in adhering to their contracts and cease exploiting these guest workers that should be housed and paid in accordance with federal law.