Miami-based wholesale plant nursery Pure Beauty Farms has been found to have given foreign visa workers preferential treatment over U.S. workers, while also housing employees in unsafe conditions in Georgia, according to a U.S. Department of Labor investigation.
The nursery was investigated after violating federal H-2A program regulations, which allow U.S. agricultural employers to hire temporary foreign workers when local workers are unavailable, according to a Feb. 16 news release.
“Retailers and consumers may be troubled to learn how some agricultural employers treat the people whose hard work produces the products they purchase,” Wage and Hour Division Director in Atlanta Steven Salazar said, according to the release. "Too often, our investigators discover violations and abuses and find U.S. workers have been illegally bypassed in the recruitment and hiring process.”
Pure Beauty Farms rejected 29 U.S. applicants, requiring nursery experience and references that were not necessary for foreign workers, the release reported. Investigators found unsafe living quarters, which included excessive debris, fire alarms without batteries, water and mold damage and unclean restrooms.
The Department of Labor ordered Pure Beauty Farms to pay $182,811 in penalties for H-2A violations and to enter into a consent judgment, according to the release. The agreement requires the company to comply with H-2A provisions for three years, monitored by an independent, third-party consultant. The department also recovered $17,651 in back wages owed to one worker.
The company grows more than 1,000 plant varieties in Georgia and Houston, supplying large retailers, independent garden centers, landscapers and theme parks in eight states, the release reported.
Salazar said the H-2A program is intended to assist agricultural employers when U.S. workers are unavailable, according to the release.
Compliance assistance resources, including an agriculture compliance assistance toolkit, provide employers what they need to know to comply with the law, the release reported.
