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October 2, 2009
Federal Labor Department cites Hammonton-area farms and labor
The U.S. Department of Labor fined seven Hammonton blueberry farms and
eight farm-labor contractors a total of $44,697 in penalties this summer
for allegedly employing underage children -- some as young as 7 -- at
three locations, in addition to housing problems and other labor-law
violations, federal officials announced Monday.
Seven children ages 7 to 12 allegedly were used to harvest berries at
Oakcrest Farms, Cappuccio Farms and Columbia Farms, according to a news
release from the department. Three farm-labor contractors -- Noe
Casteneda and Humberto Diaz-Casteneda, of Hammonton, and Sorel Rinvil,
of Belle Glade, Fla. -- were cited for child labor violations. Oakcrest
Farms, Cappuccio Farms, Casteneda and Diaz-Casteneda paid the penalties.
Columbia Fruit Farms is appealing the violations.
The violations stemmed from an annual investigation the department
conducts during the blueberry season from late June to mid-July, said
Leni Fortson, a U.S. Department of Labor spokeswoman. Most of the
migrant workers were from Florida.
Farm-labor contractor Carol Paul, working for JSM Blueberries in
Hammonton, was cited for violating the H-2A guest worker visa program by
not paying transportation costs for 30 farm workers to come from Puerto
Rico to work in New Jersey, the release said. Paul, also of Belle Glade,
has since paid the money. Joe Montalbano, the owner of JSM Blueberries,
said it was the first time he had a problem with Paul and the guest
workers ended up not working at the farm. Montalbano called the incident
"a mishap" and said he will make sure it does not happen again.
Other problems investigators found included employers owing $13,375 in
back wages to 214 workers, registration issues and unsafe housing
conditions for seasonal agriculture laborers, such as poor lighting,
small sleeping quarters and no toilet tissue, Fortson said. The back
wages have since been paid.
Pat Reilly, district director of the Wage and Hour Division in southern
New Jersey, said in a news statement that it is important for
agricultural employers to comply with federal labor laws and that
employing children "poses special dangers."
While children of any age can work on a farm operated or owned by their
parents, children younger than 16 are generally limited in the types of
agriculture jobs in which they can be employed and hours they can work
for safety reasons.
Some of the farmers who were cited with labor violations spoke out about
the allegations.
Bill DiMeo Jr., co-owner of Columbia Fruit Farms, said the company never
hired underage children and that labor investigators came out on a
Sunday -- a day without school -- and found a child talking to the
mother and father working in the field, which is right next to the
house. DiMeo added that he was unaware of any housing violations and
that the farm plans to fight all charges.
Joyce Cappuccio, owner of Cappuccio Farms, also said federal labor
inspectors came by on a Sunday and found two children standing by their
parents in the field.
Cappuccio said she and her crew leader, Diaz-Casteneda, did not know the
children were there and she decided to pay the fine rather than fight
the charges.
"It was nothing more than parents trying to earn some money and keeping
their children safe with them," Cappuccio said. "And it irritates me
because my children grew up doing that sort of thing, and I grew up
doing that sort of thing."
Bill Augustine, owner of Winners Circle Blueberries, also plans to
appeal his charges. The farm faces housing, farm-labor contractor
registration and other violations, and four North Carolina labor
contractors were cited for registration problems.
Augustine said his worker camps are state- and federally approved and
had minor problems, such as a few broken screen doors, that were
corrected. Augustine added that the four farm-labor contractors he
worked with have their licenses.
"The feds want to pick on everything," Augustine said. "You almost can't
blame them. They're trying to justify their jobs."
FARMS CITED
The following are the farms and contractors found in violation, their
location, the amount of the assessed penalty, type of violation and
status of case:
- Oakcrest Farms, Hammonton, employed three children younger than 12,
$3,272, paid
- Noe Casteneda, farm-labor contractor affiliated with Oakcrest Farms,
employed three children younger than 12, $3,272, paid
- Cappuccio Farms, Hammonton, employed two children younger than 12,
$2,282 and owed $69 to two workers, all paid
- Humberto Diaz-Casteneda, farm-labor contractor affiliated with
Cappuccio Farms, employed two children younger than 12, $2,282, paid
- Columbia Fruit Farms, Hammonton, employed two children younger than
12, unsafe housing, farm-labor contractor registration, $2,282 for child
labor violations and $1,025 for other violations, appealing
- Sorel Rinvil, farm-labor contractor affiliated with Columbia Farms,
Belle Glade, Fla., employed two children younger than 12, insurance and
vehicle registration violations, unlicensed drivers, farm-labor
contractor registration problems, $2,282 for child labor violations and
$5,475 for other violations, has not paid
- Carol Paul, farm-labor contractor affiliated with JSM Blueberries,
Belle Glade, H-2A failure to pay transportation, $6,060, paid
- JSM Blueberries, Hammonton, unregistered farm-labor contractor, $750,
paid
- Lanza Blueberry Farm, Hammonton, housing violation, $4,850, paid
- August Wuillermin Farms, Hammonton, vehicle safety and license, $500,
paid
- Winners Circle Blueberries, Hammonton, pay wages, housing, farm-labor
contractor registration, restrict purchases, $9,950 in violations and
$7,200 in back wages, back wages paid and will be appealing violations
- Antonio Sanchez, farm-labor contractor affiliated with Winners Circle
Blueberries, Clinton, N.C., registration, $2,050, not paid
- Bernardo Bautista, farm-labor contractor affiliated with Winners
Circle Blueberries, Rocky Point, N.C., registration, $1,050, not paid
- Lucas Bautista, farm-labor contractor affiliated with Winners Circle
Blueberries, Burgaw, N.C., registration, $1,050, not paid
- Manuel Botello, farm-labor contractor affiliated with Winners Circle
Blueberries, Willard, N.C., registration, $1,050, not paid
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