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FOR IMMEDIATE RELEASE                      
March 26, 2008

Contact: Jake Wedemeyer, Attorney
830.773.6151
jwedemeyer@trla.org
Cynthia Martinez, Communications Director
512.374.2764
cmartinez@trla.org

EAGLE PASS, Texas – Twenty-two Texas farmworkers have reached a settlement with three Rio Grande Valley companies over a lawsuit regarding the importation of more than 400 foreign guestworkers into the United States between 2001 and 2007.

Represented by Texas RioGrande Legal Aid (TRLA), the leading provider of legal aid in Texas, the workers claimed that Nowell Borders, L.P., Hargill Harvesting & Packing, Inc., Mata Trucking Company, and Martinez Packing Company, upon advice of counsel, misused the U.S. visa program to hire foreign labor and avoid providing housing, transportation, and meals to workers.  The companies applied for guestworker visas using the H-2B program instead of the H-2A program which would have required the recruitment of domestic workers at higher wages.

“This settlement signifies a commitment on behalf of all four companies to engage in fair employment practices and respect the rights of American farmworkers,” said TRLA attorney Javier Riojas.  The settlement also creates a mechanism for resolving future disputes without resorting to litigation.

John Flanigan, Executive Vice President for Hargill Harvesting and Packing, Inc., stated he was pleased with the agreement that was reached and enjoyed working with TRLA to resolve the dispute.

The companies compensated the workers for more than $60,000 in wages and agreed to modify their employment practices so that U.S. workers are hired first and receive equal pay and benefits compared to foreign workers.  The companies also agreed to use the H-2A guestworker program that provides more benefits and protections for workers than the H-2B program.

Originally filed in October 2007, the lawsuit also targeted the Department of Labor (DOL) for its failure to enforce the regulations of the guestworker program.  The case against DOL is not part of the settlement and is still ongoing.  See Riojas, et al v. Chao, DR-07-CA-058, W.D. Tex., filed Oct. 9, 2007.

“The law guarantees that U.S. workers have certain protections over foreign labor.  The Department of Labor looked the other way in this situation and the federal government, of all entities, should be looking out for U.S. workers the most,” added TRLA attorney and Equal Justice Works Fellow Jake Wedemeyer.

Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality legal assistance and related educational services.

 

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