Farmworkers with visas to work in NC win settlement in lawsuit over wage theft
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- Federal court approved $305,000 class settlement for H-2A farmworkers.
- Lee & Sons to reimburse expenses with first paycheck, fix payroll, allow kitchen use
- Case highlights recurring H-2A violations and urges farmers to heed H-2A rules
Every year, foreign workers come to the United States on temporary visas to perform agricultural jobs that U.S. workers are not available to fill.
These workers are required under federal law to be paid at least a minimum hourly wage. But there are numerous reports of H-2A agricultural workers not being paid, or being underpaid.
In a recent case in federal court in North Carolina, District Judge Terrence Boyle approved on March 16 a $305,000 class-action settlement between farmworkers and their employer.
“I just want to remind all workers that they have rights and not to be afraid to call [legal] helplines,” said Gilberto Flores Lozano, a migrant worker and one of the main plaintiffs in the case, in a news release from the North Carolina Justice Center, which, along with law firm Higgins Benjamin, represented him.
Cristobal Lopez Lopez, also a migrant worker, was the other main plaintiff in the class-action lawsuit filed on December 2022 on behalf of themselves and other workers in similar situations.
Lawsuit alleged pay withheld and passports confiscated
Lopez Lopez and Flores Lozano alleged that their employer did not pay them and their co-workers promised hourly wages or reimbursements for visa and travel expenses. They also said in their lawsuit that they had their passports and Social Security cards confiscated and were illegally charged for their meals in North Carolina, in violation of federal and state laws and their employment contracts. They were also not paid overtime, they alleged.
They brought claims under federal and North Carolina wage and hour laws as well as for breach of contract. The court ultimately granted final approval of a settlement March 16 after finding it to be a “fair and reasonable resolution.”
The lawsuit named several farming businesses and individuals, including Boykin Farms, Inc. (now listed as permanently closed) and its president, Willie C. Boykin. It also included Rhodes Farming, LLC and its managing member, Matthew Z. Rhodes, as well as Tony C. Lee, Cameron Lee and Clint Lee, who operate Lee and Sons Farms.
The court later dismissed the case against Boykin Farms and Rhodes Farming after finding that Lee and Sons Farms was the primary employer.
In a news release, Clermont Ripley, director of the Workers’ Rights Project at the Justice Center, said they were pleased with the outcome for their clients and the class members.
“The wage violations and H-2A contract violations they experienced are, unfortunately, not unique,” Ripley said. “The willingness of Mr. Lopez Lopez and Mr. Flores Lozano to bravely challenge their employers’ behavior and patiently stick out this litigation in order to get relief for their coworkers and not just themselves is inspiring.”
Attorney Jon Wall of Higgins Benjamin said in the release that farmers “are integral to our North Carolina communities and heritage. We hope this outcome will prompt all farmers to pay close attention to and heed the requirements of the H-2A program.”
Settlement documents say “that it is understood and agreed that this settlement is the compromise of disputed claims (which the Lee and Sons Defendants have denied) and is not an admission of liability or wrongdoing by the Defendants.”
The settlement proposed awards of $5,000 for each named plaintiff and $300 for each opt-in plaintiff. It also includes a little over $100,000 in attorneys’ fees.
In addition, Boyle required Lee and Sons to:
- Allow H-2A workers to use the kitchen to prepare their own food
- Reimburse workers for transportation, visa, and basic living expenses with their first paycheck
- Keep more accurate payroll records to ensure workers are paid for all hours worked.
Last year the average minimum wage for H-2A workers was $17.43. The think tank Economic Policy Institute estimates that following proposed cuts by the Trump administration, the minimum wage for many farmworkers would fall to $13.70 an hour.
