Class-Action Settlement Could Pay Off For Farmworkers

Thousands who worked in tomato fields for Ag-Mart Produce Inc. in Florida could receive part of nearly $1 million under a settlement agreement involving eight class-action lawsuits. The federal lawsuits involved complaints, many from workers who picked for Ag-Mart in Immokalee, over unpaid wages and inadequate housing.
Lake Worth-based Migrant Farmworker Justice Project filed the lawsuits, which were consolidated into one class-action case in U.S. District Court in Fort Myers. In the lawsuits, workers claimed they were paid less than the minimum wage required by federal law, but a review of company records showed that if such occurred, then it was isolated.

Some of the claims against Ag-Mart involved an electronic timekeeping system that workers said was being misused to reflect fewer hours than they put in. In other cases, workers said there were math errors on time cards. As part of the settlement, the plaintiffs agreed to drop all their wage claims under the Fair Labor Standards Act, the Florida Minimum Wage Act and the Florida Constitution.

Those who worked for Ag-Mart consistently over the past five or six years could get nearly $2,000 each. Workers have until the end of October to file claims for the settlement money. The settlement still awaits final court approval. A fairness hearing is scheduled for Nov. 18, after which the agreement is expected to become official.

The claims about housing involved workers in North Florida, most of whom also picked for Ag-Mart in Immokalee.
Initially, workers claimed Ag-Mart provided substandard housing, putting them in overcrowded hotels with no kitchens and not enough washers to clean their clothes. The case was won in U.S. District Court in Jacksonville, but on appeal a judge found Ag-Mart shouldn’t be held responsible for the housing and did not control it, according to reports.

Source: Naples Daily News