Thread: Farm labor sweep uncovers boy, 12, working in S.J. orchard

Farm labor sweep uncovers boy, 12, working in S.J. orchard

Jennie Rodriguez
By Jennie Rodriguez
Record Staff Writer
June 04, 2008 6:00 AM


LINDEN - A 12-year-old boy was found laboring in a cherry orchard in Linden when a coalition of state and federal labor law officials made surprise inspections of a number of farm labor contractors in San Joaquin and Stanislaus counties Tuesday.

Miguel Angel Medina picked cherries from the lower branches and collected them into a tub strapped to his chest. State law requires minors be at least 14 years old and hold a job permit in order to work in agriculture, said Anna Estrada, the industrial relations inspector who led him away from the work site. Children of growers are exempt from this law.

The contractor who commissioned the laborers, David Nunez Jr., owner of Di Bella Farm Labor in Lodi, said he wasn't aware that the boy was laboring among the crew of 45 workers in the V & N Lagorio cherry orchard in Linden.
INFORMATIONAL MEETING

The Economic and Employment Enforcement Coalition will hold a free informational meeting for California's agriculture licensed contractors to learn about labor laws.

When: 2 to 4 p.m. Tuesday

Where: Employment Development Department Job Service, Calaveras Room C-103, 629 12th St., Modesto

"I warn everyone every year not to bring children," Nunez said. "They bring them anyway."

During Tuesday's sweep, officials fined Nunez $1,000 on site for violating child labor laws. Nunez has been cited twice in agriculture sweeps for employing minors in 2006 and 2007, they said.

"I'm just helping my friends," Medina said. The boy had been picking since 6 a.m. and didn't know how much he was being paid for the work.

While Medina was removed from the work area by inspectors around 10 a.m., officials interviewed a woman who claimed to be his aunt.

"We didn't know it was illegal, and that's why we brought him," said Martha Arellano Armenta, a 21-year-old Washington state resident who migrated to the area for the cherry season. "He wanted to come," she said.

Contractors suspected of violating labor laws had been under surveillance for a few days prior to the inspection, said Erika Monterroza, a staff services analyst with the state Department of Industrial Relations. The coalition of inspectors was made up of representatives from the California Division of Occupational Safety and Health, the state Division of Labor Standards Enforcement, the state Employment Development Department and the U.S. Labor Commission.

The routine agriculture sweeps came two weeks after the death of Lodi farm worker Maria Isabel Vasquez Jimenez, who was also a minor laboring without a work permit. Jimenez, 17, died of a heat-related illness she suffered while pruning grapevines in Farmington.

Vicki Adame, a spokeswoman with United Farm Workers, said the sweeps were a little too late.

"Where were they two weeks ago during the heat wave? It took the tragedy of Maria Isabel dying for all this to happen," Adame said.

As inspectors continued their search at the Linden orchard, they encountered dirty portable restroom facilities, insufficient drinking water, no shade, no toilet paper and no hand washing soap or water - all violations that Cal/OSHA will review in a few months.

Other surprise visits rendered more positive results.

Inspectors dropped in on a crew of 25 laborers resting after they maintained a vineyard at Davis Ranch, between Clements and Lodi.

Contractor Fernando G. Sanchez provided coalition inspectors a binder containing information such as a map to the nearest medical facility, first aid procedures and workers' compensation information. He had a tent on site, although it wasn't deployed. Inspectors found an adequate water supply and clean restroom facilities.

"I'm not finding anything on you guys. Not even for gas money," joked Miguel Vargas, a Cal/OSHA inspector.

Sanchez, a contractor for 10 years, said he didn't mind the surprise inspections.

"I think it's the right thing to do. I have nothing to hide," said Sanchez, who provides 70 to 80 laborers with steady work, maintaining vineyards throughout the year.

Contact reporter Jennie Rodriguez at (209) 943-8564 or jrodriguez@recordnet.com.
http://tinyurl.com/6cybgm

They always have an excuse and they always get away with it, 2nd offense and only $1000 fine. for crap sakes!

As inspectors continued their search at the Linden orchard, they encountered dirty portable restroom facilities, insufficient drinking water, no shade, no toilet paper and no hand washing soap or water - all violations that Cal/OSHA will review in a few months.

This is absolutely disgusting! Is it any wonder that we now constantly hear of e-coli and other pathogens infecting the food produced in this country? Shouldn't these be serious FDA violations as well?

Any person (employer, farm owner, politician, or OBL) that believes it would be a good thing to "legalize" those that work in these deplorable conditions would also, by proxy, believe in slavery.

What is the difference between illegal aliens and slaves? Their owner had to feed, clothe and house slaves or lose their investment, with illegal aliens you make your neighbors (tax payers) pay to feed, clothe and house them!

Article Four Section Four of the U.S. Constitution REQUIRES the U.S. Government to 'Protect the states from invasion...and domestic violence', when will our government OBEY and ENFORCE the Constitution?

La Raza is attempting to make opposition to the alien invasion a HATE CRIME which would make all of us in this forum guilty of a felony! I'd rather have them OBEY & ENFORCE THE CONSTITUTION, instead of making U.S. citizens criminals.

During Tuesday's sweep, officials fined Nunez $1,000 on site for violating child labor laws. Nunez has been cited twice in agriculture sweeps for employing minors in 2006 and 2007, they said.

Using the children as a means to get more done without having to pay for them.

You said it!-----

"What is the difference between illegal aliens and slaves? Their owner had to feed, clothe and house slaves or lose their investment, with illegal aliens you make your neighbors (tax payers) pay to feed, clothe and house them!'

The employer pays them what?? $6 an hour, they go to the local hospital--no pay, they enroll on welfare if they bring their families--no pay,they enroll in the local school where their children cause extra expense over American children ESL, etc, Lunch program, and slow down the whole class, (the dumbing down of America),etc.

All collateral costs of slaves and indentured servants were borne by those who reaped the benefit of their labor not by the general public. We need more punishment of employers who continue to spit in the faces of American taxpayers.