Employer name: Mt. Clifton Fruit Company LLC
Investigation site: 17581 Mechanicsville Road, Timberville, VA 22853
Investigative Findings: The U.S. Department of Labor’s Wage and Hour Division found the employer violated multiple requirements of the H-2A agricultural worker program by failing to do the following:
Compensate 55 workers, 50 of whom came from Mexico, for all hours worked.
Comply with the requirements of the agricultural job order.
Pay the hourly adverse effect wage rates of $13.15 in 2021, $14.16 in 2022 and $14.91 in 2023.
Comply with safety and health requirements for housing and transporting H-2A workers.
Request a preoccupancy inspection of housing in a timely way.
Comply with other applicable federal, state and local employment-related laws and regulations.
Back wages recovered: $45,384
Civil money penalties: $8,998
Workers affected: 55, which includes 50 H-2A program workers and five other workers
Quote: “Our investigation found the Mt. Clifton Fruit Company denied dozens of agricultural workers, many of whom traveled to the U.S. at the company’s request, safe housing and transportation, and their legally earned wages,” said Wage and Hour Division District Director Roberto Melendez in Richmond, Virginia. “In addition to recovering back wages, we assessed penalties for these deliberate violations.”
Background: Mt. Clifton Fruit Company LLC is an agricultural fixed-site employer who specializes in growing and harvesting a variety of apples which are sold retail, direct to consumers and to processors in the U.S.
Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. The department can speak with callers confidentially in more than 200 languages through the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Download the agency’s new Timesheet App for i-OS and Android devices – also available in Spanish – to ensure hours and pay are accurate.