Foster Farms, temp agencies owe millions to workers over COVID sick leave, says state
State labor regulators are fining Foster Farms and staffing agencies with which the company worked almost $3.8 million for failing to let temporary workers know they had supplemental paid sick leave available for COVID-19.
The ruling announced Tuesday by the California Labor Commissioner’s Office affects almost 3,500 employees who worked on a temporary basis at the Foster Farms processing plant in Livingston, in Merced County.
The Labor Commissioner’s Office opened an investigation into the company after COVID-19 outbreaks were reported at the plant.
The state investigation included auditing payroll records for Foster Farms and the staffing agencies it used.
Three staffing agencies used to provide temporary workers to fill in for permanent Foster Farms employees affected by COVID-19 bear the brunt of the fines:
- Human Bees Inc., based in Lathrop, owes $940,050 to its 1,987 temporary workers.
- Viking Staffing CA LLC, with headquarters in Englewood, Colorado, owes $377,850 to its 341 temporary workers.
- Marcos Renteria Ag Services Inc. in Turlock owes $2,465,900 to 1,148 temporary workers.
State officials said neither Foster Farms nor the three staffing agencies notified the temporary workers of their rights to supplemental paid sick leave, adding that Foster Farms LLC and Foster Poultry Farms were jointly liable for the violations.
The citations were issued on April 5.
A spokesperson with the state Department of Industrial Relations added that if one or more of the staffing companies doesn’t pay the fines for the citation, Foster Farms bears the responsibility for paying.
Ira Brill, Foster Farms’ vice president of communications, said the company is reviewing the state’s citations, adding that Foster Farms relies on temp agencies and other vendors to comply with laws and regulations.
“Any vendor in any area we deal with attests to us that they are following the laws of the state of California,” Brill told The Fresno Bee, “as well as any applicable federal laws.”
In addition to any regular sick pay that companies offer to employees, California’s supplemental paid sick-leave law requires covered employers to provide up to 40 hours of paid sick time to workers affected by COVID for isolation or quarantine.
That also includes getting vaccinations, or caring for a child whose school is closed because of the pandemic. If an employee or family member tests positive for COVID-19, the law allows for 40 additional hours of paid sick leave.
“Workers should not have to worry about financial hardship if they need to take care of themselves or a family member who is COVID positive,” state Labor Commissioner Lilia Garcia-Brower said.
“That’s what supplemental paid sick leave is for – it keeps sick workers at home and protects against the spread of COVID-19.”
Employers who use staffing agencies “have a joint responsibility to protect the health of their workers,” she added.
This story was originally published April 26, 2022 at 11:05 AM with the headline "Foster Farms, temp agencies owe millions to workers over COVID sick leave, says state."
