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Farm workers file lawsuit against Abel Maldonado

July 18, 2015

Abel-Maldonado 4Several farm workers filed a class action lawsuit Wednesday that says former California Lt. Gov. Abel Maldonado and his family failed to pay overtime wages, reimbursed for expenses and provided meal and rest periods to their employees. [Tribune]

San Luis Obispo attorney Allen Hutkin filed the suit on behalf of two plaintiffs and more than 100 other past and present employees of Agro-Jal Farming Enterprises, which operates in San Luis Obispo and Santa Barbara counties. The suit focuses on the past four years, though it claims the violations have occurred for much longer.

According to the lawsuit, the Maldonados worked their employees 13-hour days six days a week and six-hour days on the seventh day without paying them overtime wages. The law requires employers to pay agricultural workers overtime for more than 10 hours a day during the first six days of a week and anything over eight hours on the seventh work day.

While running for Congress, amid allegations that Agro-Jal owed more than $100,000 in taxes, Maldonado said he parted ways with the business in 2012.

Since the 1990s, Agro-Jal has accumulated dozens of Cal/OSHA violations and hundreds of thousands of dollars in fines while Maldonado served as the farm’s controller.

In early 2011, Maldonado’s family business was cited for allowing farm equipment to work the fields with no driver at the wheel. In 2010, Cal/OSHA cited Agro-Jal four times for running unmanned tractors and for failing to provide adequate access to shade or water for employees.

On Nov. 4, 2011, inspectors lodged two complaints against Agro-Jal for not operating under mandated safe work practices and for failing to report employee injuries. More than 600 employees were exposed to harm because of the farm’s operational deficiencies, according to Cal/OSHA.

The Nov. 2011 inspection resulted in fines of $23,000.

As a legislator, Maldonado voted against several bills that would have set standards for controlling the risks of heat-related illnesses, and others regarding mandated meal and rest periods for employees who work outside.

Maldonado’s father came to California from Mexico in the early 1960s. Abel Maldonado grew up working on the farm with his family.

During his campaign for Congress, Maldonado frequently touted his business savvy and work ethics learned while working to build up his family’s business — which now includes more than 6,000 acres.


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The problem is not his ethnic background. he problem is that he is just another greedy Republican.


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I hate to judge by appearances, but doesn’t Abel look like every grade school hall monitor volunteer that ever lived?


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This seems like a liberal-sponsored hit piece.


1) Yes, Maldonado is a turd, but the fines for his Nov 4 2011 transgressions amounts to $38 per endangered worker. Doesn’t seem like OSHA thought it was all that dangerous.


2) Who’s responsible for following the money to make sure the recipients pay taxes on the proceeds of their class action suit?


3) Is the suit a political manuever? Doesn’t take much to file a suit, and perhaps the filers don’t much care whether they win, so long as they get good press coverage.


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It’s plain to me that Abel Maldonado understands that this is a Christian Nation, therefore he is a true Christian in the way he treats his field workers. Seemingly, Abel has worked it out with his workers to trade off being paid higher wages for not being beaten, as our God so states in His inspired word.


“The servant who knows the master’s will and does not get ready or does not do what the master wants will be beaten with many blows. But the one who does not know and does things deserving punishment will be beaten with few blow. From everyone who has been given much, much will be demanded; and from the one who has been entrusted with much, much more will be asked.” (Luke 12:47)


Quid pro quo, bible, and faith prevails.


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While I am definitely not a fan of Maldonado, racking up Cal/OSHA violations is not difficult for any company, anywhere. Given he’s an evil republican in an democrat-ideologue state, this is to be expected (like using the IRS to harm your opponents, etc).


I’m wondering if their technique and style was anything different than what goes on in countless other farms, which STILL draw untold masses from south of the border, as their options to stay in their homelands are far worse than not getting overtime.


I think every employee should be 1099’d and pay their own taxes. Monthly. Like a utility bill. Let employers add to their wages what they would have had to cover in taxes for the employee, so everyone knows what they are paying and what a job is worth. This obfuscation of taxation is so insidious, it is really time it goes away.


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So I was thinking about a CEO, and how they make like $100 a minute. I know what we have been told; that companies are willing to pay for talent. Ok, for the sake of argument, let’s just say I agree with that sentiment. I agree that a human being is worth $100 a minute, because no one can do the job like he/she can.


I then think about these field workers.( all of which I am SURE are legal to work in the US) Ag companies are paying these workers for their “talent”. That talent is actually a bit more difficult that one might imagine. You must be able to work ALL DAY LONG in a variety of weather. In the grape fields of the Central Valley, the temperatures could be 110. In the midst of those grapevines, it feels even hotter. The “talent” is to dress appropriately for that weather, to ensure the worker is properly ventilated and hydrated, fed. (don’t want anyone dying out there) They need workers who know how to work the fields, and work them in an efficient way. That “talent” has value too; so much so that Abel Maldonado’s family worked those employees tons of hours.


There are laws about pay and working conditions. Even for those not in a union. If Abel’s family farm did not pay their workers fairly, then he should pay.


That said, I am curious to see if these field workers rush to report this income to the IRS and to agencies like Social Services to be sure all income is reported.


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Boo if you want, but my family members (who ARE US citizens) once did that type of work.

An honest day’s pay for an honest day’s work. Where is Ted Slanders to quote the bible?


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Typical. People work extensive hours instead of WALKING OFF when the first paycheck isn’t to their belief or their liking. Then lawyers come in months later to strong-arm money from employers. Damages should be limited to one pay period (week?) restitution, and after that, if you came BACK to work, you “assumed the risk and waived government theft” and are barred further confiscation of employer funds.


Government meddling is counterproductive. I snuck into a newspaper evening sweatshop at age 14, cut lawns at 12, hawked flashlight batteries door to door. Today my employer(s) would be CRUCIFIED. But what it did for me is make me a fierce capitalist self-improvement competitor, and I wound up with more success than I deserve, a capacity for significant charity, and all with zero bleeping bleep of government or lawyer help. My story is not unique.


Gimme laissez faire anytime, cheap vegetables, and give the Maldonado family a break from blood sucking lawyers.


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UnAbel Maldonado strikes again!


Never been happier about getting two little punks out of CA politics in my life than when we finally shipped Arnold and UnAbel out the door.


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How ironic that the Bracero program probably brought Abel to this country and now he is accused of treating HIS workers much the same way. funny how history often repeats itself.

I guess if you don’t learn from history, your are doomed to repeat it.


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Abel was born in Santa Maria


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I was referring to the program that his father was probably part of that brought them to California.


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Isn’t Santa Maria part of México?


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probably


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