San-Way Farms Inc., in Plant City, is an agricultural employer involved in the cultivation of strawberries and other crops, such as tomatoes, peppers and beans. San-Way Farms employs migrant and seasonal workers to perform activities related to planting and harvesting these crops. The employer has been the subject of a previous Wage and Hour Division investigation, which disclosed similar MSPA violations.
"These vulnerable migrant farm workers performed intense physical labor, planting and harvesting crops, but in turn were denied their rightful wages and many even suffered unsafe housing conditions," said James Schmidt, director of the Wage and Hour Division's Tampa District Office. "The safety and well-being of farm workers is a top priority for the department. We are pleased these workers will finally be paid the wages they are owed, and we expect that this time San-Way Farms will stay true to its commitment to maintaining future compliance with the law."
A team of investigators from the division's Tampa District Office visited the farming operation and conducted thorough inspections of migrant housing units and vehicles, reviewed payroll records, employment practices, and conducted employee interviews in English and Spanish to assess compliance with all applicable agricultural labor standards.
Investigators found many San-Way Farms employees, such as those hired to hand-harvest strawberries, were paid piece-rate wages varying from $1.75 to $3 per flat, or container, of picked crops. The employer failed to keep daily and weekly time records when employees were paid on a piece-rate basis; these employees were not paid for all hours worked, causing some employees' wages to fall below the federal minimum wage of $7.25 per hour required by the Fair Labor Standards Act. Significant MSPA violations were also found at the farm, including failure to pay wages when due; failure to disclose employment terms and conditions to workers in a language they could understand at time of recruitment; failure to provide requisite wage statements; and failure to make and maintain legally required payroll records.
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Source: Department of Labor
This information is intended to be
educational and should not be considered legal advice on any specific matter.
