California Labor Commissioner secures over $6 million for farmworkers denied paid sick leave and other wage protections

NEWS RELEASE

Santa Maria - The California Labor Commissioner's Office (LCO) has secured a $6,175,000 settlement with Santa Maria-based Alco Harvesting LLC dba Bonipak Produce Inc. and related entities for widespread wage-and-hour violations that affected more than 10,000 farmworkers, including H-2A workers living in employer-provided housing during the COVID-19 pandemic.

Alco Harvesting failed to provide workers with the legally required written notice of available paid sick leave and COVID-19 supplemental paid sick leave. Without this information, workers could not effectively use these protections. During the early days of the pandemic, workers who did not know how much paid sick leave they had were effectively prevented from staying home when sick, increasing the risk of COVID-19 transmissions. In some cases, H-2A workers believed to have COVID-19 were quarantined in crowded employer-provided motel rooms.

The investigation also found other labor law violations, including unpaid transportation time, overtime and minimum wage.

What California Labor Commissioner Lilia García-Brower said: "Alco Harvesting failed to meet basic employer responsibilities by not informing workers of their right to sick leave. This multimillion-dollar settlement is not just about holding an employer accountable; it is about protecting the dignity and safety of workers. Workers in California are protected by labor laws no matter their immigration status, and when these rights are violated, the state will act decisively to deliver justice."

What an affected farmworker said:

"During the COVID-19 pandemic, many of us kept working, even while ill, without knowing that we had paid sick leave. We lived in employer-provided housing, and the company controlled our work time and when we could leave. When we traveled on our own time to get care and returned ready to work, some were fired. What happened was unfair, and we do not want this to happen to anyone else."

Background:

The LCO filed this lawsuit on July 16, 2021, in Santa Barbara Superior Court against Alco Harvesting LLC dba Bonipak Produce Inc., and related entities. The court consolidated the LCO's lawsuit with a separate action filed by the California Rural Legal Assistance (CRLA) on behalf of H-2A workers, along with several related lawsuits filed by other plaintiffs. Additional details about the defendants and the terms of the settlement are outlined in the court order.

Of the total settlement, $4.2 million will be distributed directly to affected farmworkers, including approximately $1.5 million for paid sick leave and minimum wage violations. Remaining funds will be used to pay wages and other damages, penalties and interest to workers, counsel fees and expenses, individual plaintiff claims, and administrator expenses.

The settlement also includes non-monetary relief, such as required postings and additional notices to H-2A workers about paid sick leave, and ongoing compliance and reporting requirements.

The LCO opened this investigation in 2020 after receiving information that a farmworker living in employer-provided housing had died from COVID-19.

Community Partners:

As the case progressed, the Central Coast Alliance United for a Sustainable Economy (CAUSE) and CRLA referred additional H-2A workers to LCO investigators and supported outreach efforts. These organizations helped ensure workplace conditions were documented and violations were reported. CRLA and the PAGA plaintiffs consolidated with the LCO's lawsuit also helped identify additional wage-and-hour violations, expanding the relief available to workers.

CAUSE and CRLA are part of the California Workplace Outreach Project launched in 2020 to help address workplace concerns related to COVID-19.

About the Labor Commissioner's Office

LCO combats wage theft and unfair competition by investigating allegations of illegal and unfair business practices.

In 2020, LCO launched a multi-pronged outreach campaign, "Reaching Every Californian." The campaign amplifies basic protections and builds pathways to affected populations, so workers and employers understand legal protections and obligations, as well as LCO's enforcement procedures.
As of 2026, new laws are in effect to provide greater protections for workers, including the Workplace Know Your Rights Act. While required postings must still be maintained, the annual notice is designed to increase awareness by proactively reaching workers where they are.

Workers who have questions about labor laws enforced by the LCO can call 1-833-LCO-INFO (833-526-4636) between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday.

California labor laws protect workers in most industries regardless of their immigration status. Workers who file wage claims, retaliation complaints or exercise other rights under California labor laws are not required to disclose their immigration status. The LCO does not ask about the immigration status of any individual seeking assistance or protection under California labor law.

In California, all workers are protected by labor laws, regardless of immigration status. If you or a relative have been detained or deported without receiving all wages owed, or experienced retaliation or work-related immigration abuse, contact the Labor Commissioner's Office helpline at 855-526-7775 for assistance.

LCO is a division of the Department of Industrial Relations.

Californians can follow the Labor Commissioner on Facebook and X (Twitter) .

Employers with questions on requirements may contact: [email protected]

Media contact: [email protected], (510) 286-1161