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Labor Law
Farmworker Rights
Migrant Seasonal Worker Protection Act

Eugene Scalia, Secretary of Labor, United States Department of Labor v. Munger Bros. LLC; Crowne Cold Storage LLC; Sarbanand Farms LLC

Published: Jan. 3, 2020 | Result Date: Nov. 19, 2019 | Filing Date: Nov. 18, 2019 |

Case number: 2:19-cv-02329-TLN-KJN Settlement –  $3,500,000

Judge

Troy L. Nunley

Court

USDC Eastern District of California


Attorneys

Plaintiff

Janet M. Herold
(U.S. Dept. of Labor)

Andrew J. Schultz
(U.S. Dept. of Labor)

Veronica Melendez
(U.S. Dept. of Labor)


Defendant

William M. Woolman
(Sagaser, Watkins & Wieland PC)


Facts

The United States Labor Department filed a complaint against Munger Bros over labor issues. Munger Bros. is a blueberry producer based in Delano.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants failed to hire all available U.S. workers, instead hiring H-2A workers. Plaintiff contended this violated the H-2A Visa Program. Plaintiff also contended that defendants failed to pay all required rates of pay, provide accurate wage statements, and adequate housing under the H-2A Visa Program or the Migrant and Seasonal Worker Protection Act.

DEFENDANT'S CONTENTIONS: Defendant waived any defenses.

Result

Defendant agreed to pay a $3.5 million fine. Defendant also agreed not to hire H-2A workers for three years and submit to Department of Labor monitoring for five years.


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