Department of Labor finds Washington contractor transported farmworkers in unsafe vehicles by unlicensed drivers, housed them in moldy motel rooms

KENNEWICK, WA – The U.S. Department of Labor has debarred a Kennewick farm labor contractor from participating in the H-2A temporary agricultural worker program for three years after finding the employer provided workers with unhealthy living conditions; transported them in unsafe vehicles driven by people without licenses or proper permits; withheld wages and made illegal pay deductions; told workers to falsify documents to mask violations of federal regulations; and denied U.S. workers access to jobs.

An investigation by the department’s Wage and Hour Division found Harvest Plus LLC, which provides agricultural labor to farms throughout Benton and Yakima counties, violated H-2A program requirements as follows:

• Housed H-2A workers in unsafe, overcrowded conditions in moldy motel rooms.
• Failed to reimburse H-2A workers for inbound and outbound transportation costs between their home country and Washington.
• Allowed drivers without permits or licenses to transport workers in dangerous, dilapidated vehicles with broken or missing seatbelts and lights and inadequate seats.
• Made unlawful pay deductions not stated in job orders, including for laundry expenses.
• Failed to provide a copy of work contracts and did not state job orders’ actual terms and conditions.
• Gave preference when contracting H-2A workers and failed to contact U.S. workers employed previously.

The division also learned Harvest Plus tried to require workers to work beyond the H-2A certification periods and outside the period of employment allowed.

The number of violations and their willful nature led the department to order the debarment of Harvest Plus from the H-2A program for three years. The division also assessed the employer $252,475 in civil money penalties.

“The blatant disregard for federal regulations shown by Harvest Plus LLC put the safety and health of hundreds of temporary workers at serious risk,” said Wage and Hour Division District Director Thomas Silva in Seattle. “By debarring this employer from participating in the H-2A program, the U.S. Department of Labor has sent a clear signal that we will not turn a blind eye to such egregious actions. We will safeguard U.S. jobs and prevent unscrupulous employers from profiting while endangering vulnerable workers and denying them their hard-earned wages.”

The department’s Office of Foreign Labor Certification maintains lists of employers debarred from the H-2A program for agricultural workers and the H-2B program for non-agricultural workers. 

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. Employers and workers can call the division confidentially with questions using the agency’s toll-free helpline at 866-4US-WAGE (487-9243). The division can communicate with callers in more than 200 languages, regardless of where they are from.

Download the agency’s new Timesheet App for iOS and Android devices – free and available in English and Spanish – to ensure hours and pay are accurate.