$1.6 Million California Labor Lawsuit Launched Against Farm Labor Contractor

Monterey, CA The labor commissioner for the state of California continues her pursuit of alleged labor law violations in her state, with the recent filing of a $1.6 million California labor lawsuit against a farm labor contractor. At issue, according to US States News (11/16/12), are multiple violations involving about 150 workers in various locations scattered throughout Monterey County.

The suspected violations to California labor code allegedly committed by Zavala Farms include failure to provide wages approaching minimum wage levels and failure to pay overtime.

Zavala Farms is a farm labor contractor based on Greenfield. The California Department of Industrial Relations' (DIR) Division of Labor Standards Enforcement launched an investigation based on a complaint to the office of the Labor Commissioner.

The resulting investigation reportedly uncovered numerous violations to California and labor law spanning a period of three years from April 1, 2009 through April 1, 2012.

The allegations are that Zavala Farms failed to pay proper wages, or overtime when workers exceeded a standard 40-hour workweek or 8-hour day, in direct violation of California labor employment law.

State employment guidelines serve as a template of minimum standards for employers to maintain with their respective workforce. Of course, employers have the right to pay their workers at a higher rate than minimum wage??"a rate that would also serve to increase overtime premiums. Nonetheless, workers in California have a right to a basic basket of minimums pertaining to rates of pay, overtime and working conditions.

When such conditions are not met, the activity serves as a contravention to labor code. Employers can be fined, charged or sued. In this case, California State Labor Commissioner Julie A. Su chose to launch a California labor lawsuit against the alleged perpetrator.

"These workers picked lettuce and worked in grape fields over ten hours a day without receiving overtime pay," said Labor Commissioner Su. "This lawsuit is but one example of our commitment to conducting in-depth, meaningful inspections to get the wages earned into workers' pockets. When workers come forward, as these farm workers have done, to tell us about illegal working conditions, we will take action to protect them."

The lawsuit, noted Su, also serves to protect those employers who 'do it by the book,' only to be penalized by competitors who can undercut bids to get work, through shortchanging their workers to keep costs down. The practice only hurts law-abiding employers who respect and adhere to California prevailing wage law.

Christine Baker, Director of DIR, noted in the press release that the lawsuit "demonstrates the Labor Commissioner's commitment to ensuring that all workers in this state are protected by the wage floor. Whether it is in agriculture or any other industry where wage violations occur, we will enforce California employee labor law."

The California labor lawsuit seeks $1.6 million in unpaid wages overtime and penalties for the affected workers. The action was filed in Monterey County Superior Court.