"Strawberry harvester settles agricultural workers claims for $1m

New Hope Harvesting LLC, has agreed in California federal court to a $1 million deal that will settle claims brought by about 900 migrant workers. The agricultural workers claimed the strawberry harvester denied their full wages, denied them proper rest and meal breaks, and charged or failed to reimburse them for certain expenses...

The agreement settles claims filed against New Hope and other defendants under the Fair Labor Standards Act (FLSA), California’s Private Attorneys General Act (PAGA), and various federal and state laws. According to Bloomberg Law, the deal will pay 900 or so strawberry field workers an average of $454. Some workers will split $3,750 under PAGA; and 11 will get $1,000 each under FLSA. The US District Court for the Central District of California said that the proposed pact “falls within the range of reasonableness” and meets the other necessary legal criteria...

The settlement stems from a 2019 lawsuit filed by Miguel Gutierrez, a Mexican worker New Hope had brought to the U.S. on an H-2A agricultural visa. Gutierrez accused New Hope and its three principals of violating the terms of the visa program with its pay practices, claiming they required workers to remain on standby before their shift began and after, but refused to compensate for this pre-and post-shift work, reported Law360. Further, he said the company failed to provide breaks during work, despite workers being pressed to work at allegedly "excessive" speeds under the heat. Gutierrez also argued that New Hope had provided housing for him and other H-2A workers in facilities that lacked laundry and cooking areas...