July 14, 2023
Investigation finds that an Oregon agricultural business failed to pay workers overtime; workers receive over $167,000 in owed wages and damages
An investigation by the U.S. Department of Labor (DOL) found that an Oregon agricultural grower and manufacturer, Columbia Empire Farms Inc. (CEF), illegally failed to pay 43 agricultural workers overtime wages for time they spent doing non-agricultural work. In response to the investigation, CEF paid workers $167,179 in owed wages and damages and an additional $13,828 in civil penalties.
Under the Fair Labor Standards Act, employers must pay most workers overtime, or time and a half, for working over 40 hours in a week. Most agricultural work is exempt from this protection. The DOL investigation found that workers at CEF worked up to 75 hours in a week without being paid overtime. These workers did both agricultural work in the fields and non-agricultural work at a packing house. CEF misused the exemption from overtime for agricultural workers by denying workers overtime wages for their non-agricultural work at the packing house.
The investigation also found that CEF violated the Migrant and Seasonal Agricultural Worker Protection Act by only paying some workers one time per month. The law requires that workers be paid at least twice per month.
CEF is owned by R.B. Pamplin Corp., a Portland-based company operating businesses in agriculture, construction, publishing, media, printing, manufacturing, and retail. The DOL has made clear that it will hold companies like R.B. Pamplin accountable when they don’t pay workers the wages they are owed.
Workers in the United States, no matter their immigration status, have rights on the job. If you think you are owed back wages that have already been collected by the DOL, visit the Department’s search tool.
If you believe you are being mistreated at work in the United States, call El Centro de los Derechos del Migrante (CDM). We can assess your situation and our services are free of charge. Depending on your situation, you may be able to apply for immigration relief protections to temporarily remain in the United States to file a complaint against your employer.
Link to the DOL news release:
https://www.dol.gov/newsroom/releases/whd/whd20230517-1
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