A Shelton-based seasonal greens producer must pay $1.85 million in back wages and damages to nearly 700 workers after a federal court found they violated workers' rights and federal law.
Judge Benjamin H. Settle ordered Continental Floral Greens to pay the sum on March 26 in U.S. District Court for the Western District of Washington in Tacoma, according to court records.
The U.S. Department of Labor, which filed its case against Continental, says Continental makes Christmas wreaths and season greens for major retailers such as Costco, Publix, Target, Trader Joe's, Walmart and Wegmans.
"Federal law requires employers hiring workers from outside the U.S. on temporary non-agricultural visas to ensure safe working conditions and pay the legal prevailing wage, including overtime," Regional Solicitor of Labor Marc Pilotin said.
"Employers must also accurately represent the terms and conditions of those jobs so that U.S. workers have a full and fair opportunity to work those jobs. Continental Floral failed on all counts."
When reached for comment, Continental's director of human resources Julianne Fritz said in a statement that the company was "disappointed with the ruling."
"We deeply value our customers, employees and the communities we serve," Fritz said. "Furthermore, we continue to hold the H2A and H2B work programs in high regard."
The Labor Department first began investigating Continental after a van carrying 14 migrant workers crashed into a tree in Cowlitz County on Nov. 2, 2022, according to a news release and court records. Four Salvadoran workers reportedly suffered serious injuries in the crash and were transported to a Longview hospital.
Investigators in the department's Wage and Hour Division later determined the Continental employee at the wheel was not certified to drive the van and several passengers did not wear seatbelts.
Washington State Patrol later charged the driver with negligent driving, according to the release. Meanwhile, investigators continued to look into the company and uncovered violations that went beyond the crash, Labor officials say.
In their complaint, the department accused Continental of denying hundreds of workers overtime pay. The Fair Labor Standards Act requires overtime pay when an employee works more than 40 hours in a workweek.
The department also alleged Continental submitted fraudulent information about wages, housing and transportation on job orders to bring foreign workers into the country.
These actions violated the federal H-2B worker program which "permits businesses to employ temporary visa workers and provides protections for similarly employed U.S. workers," according to the release.
Additionally, the release says the Labor Department determined Continental violated the Migrant and Season Agriculture Workers Protection Act by failing to do the following:
* Inform workers of employment conditions;
* Provide complete wage statements;
* Pay wages when due;
* Ensure safe and healthy housing;
* Provide temporary workers with safe transportation.
The court order requires Continental to pay $880,000 in unpaid overtime wages and an equal amount in liquidated damages under the Fair Labor Standards Act.
The company must also pay workers $74,000 in additional back wages due to violations of the Migrant and Seasonal Agricultural Worker Protection Act. Lastly, they must pay $40,000 in penalties to the department.
Thomas Silva, Wage and Hour Division District Director in Seattle, said his division plans to use "every tool" at their disposal to make sure U.S. and H-2B workers are protected as required by law.
"The Wage and Hour Division is committed to holding employers accountable so that vulnerable workers come home safe and properly compensated at the end of every day," Silva said.
Continental has farms, facilities and offices in California, Florida, North Carolina as well as Oregon and Washington, according to its website.
Employers and workers can call the Wage and Hour Division confidentially at its toll-free helpline at 866-487-9243.
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