Labor Commissioner Says California Crop Lien Law Helped Recover Farmworker Wages

An expanded crop lien law that strengthens existing farmworker protections and gives the California’s Labor Commissioner’s Office the ability to recover unpaid wages quickly was recently put in action.

The LCO, which launched an investigation into wage-and-hour violations in May, helped a group of 11 farmworkers recovered nearly $10,000, according to the labor commissioner

The workers, employed by Valdovinos Farms, LLC in Mecca, in the Coachella Valley, harvested moringa from May 3 through May 16, but were not paid all wages owed and were not provided required meal- and rest-periods. An LCO audit reportedly identified unpaid minimum and contract wages, meal- and rest-period premiums, liquidated damages and waiting time penalties.

Six days later, the LCO filed a crop lien on the workers’ behalf and helped secure payment of the wages owed. Under Civil Code, agricultural workers who harvest or transport harvested crops may have a preferred lien on the harvested crops or proceeds from their sale for the value of up to two weeks of their labor. The enforcement tool can help protect workers’ ability to recover unpaid wages before the proceeds are dispersed.

Senate Bill 846, which took effect Jan. 1, expanded the law by eliminating a previous restriction that limited crop liens to crops owned and produced by limited partnerships.

The LCO is a division of the Department of Industrial Relations.

Topics California Agribusiness