SAN JOSE, Calif. — A U.S. Department of Labor Wage and Hour Division investigation found that Fulton, California, grower Humberto Castaneda Produce violated numerous requirements under the H-2A temporary agricultural worker program.
Investigators found the employer paid higher rates to workers with H-2A visas than to local workers, failed to provide tools, meals or kitchen facilities to workers, housed workers in dilapidated trailers not up to code and did not reimburse inbound and outbound transportation costs. Additionally, the grower did not secure safe transportation, used uncertified drivers lacking licenses and paid workers below the promised rate on their contract.
The agency recovered $31,102 in back wages for 23 workers and assessed $18,154 in civil money penalties.
Humberto Castaneda Produce is an agricultural employer specializing in growing various types of vegetables, including serrano and jalapeno peppers, tomatoes, squash and wine grapes. The company owns and operates fields in Sonoma County and was established in 1988. The grower supplies produce to large clients such as Safeway supermarkets and to small, local grocers.
“Humberto Castaneda Produce knew the requirements of the H-2A program but chose to violate the rights of guest and local workers by failing to provide full wages and safe housing and transportation,” said Wage and Hour Division District Director Francisco Ocampo in San Jose, California. “Thanks to our investigation, these workers will receive the wages and benefits to which they are entitled.”
