A U.S. Department of Labor investigation has found an agriculture employer in San Marcos, California, charged 30 agricultural laborers rent for unsafe housing conditions in violation of federal regulations.
While conducting a housing safety inspection, the department’s Wage and Hour Division determined that agriculture workers lived in unsanitary housing provided by Lucky Growers Inc. with structural damage, mold, insect and rodent infestation, rooms with makeshift or missing doors and propane tanks, and spaces with missing lighting. The housing lacked fire extinguishers, working smoke detectors, and first aid kits. The division also found the employer illegally charged workers rent.
Investigators also found that the employer neglected to give workers information about job and housing conditions prior to employment.
The division recovered $171,400 in back wages from Lucky Growers to reimburse workers for the rent charged by the employer. The agency also assessed $76,274 in civil money penalties for Migrant and Seasonal Agricultural Worker Protection Act violations.
“Farmworkers provide essential labor that helps feed millions of Americans, and they have rights that are federally protected,” said Wage and Hour Division Assistant District Director Emily Eckstein in San Diego. “Lucky Growers failed to meet its legal requirements for employing agricultural workers. The Wage and Hour Division remains committed to protecting farmworkers and holding accountable employers who violate the law.”
Lucky Growers Inc. began operations in 2005 in San Marcos and expanded in 2016 to include Girl & Dug Inc., which has locations in San Marcos and Portland, Oregon. The employer operates 180 acres and employs about 79 workers, selling products nationwide.
The Wage and Hour Division offers multiple compliance assistance resources, including an agriculture compliance assistance toolkit, to provide employers the information they need to comply with the law.
The division’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the Fair Labor Standards Act, as well as certain potential violations under the Family and Medical Leave Act.