Bee Sweet Citrus Failed to Pay Harvest Workers Proper Wages, Class Action Alleges

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Three seasonal agricultural workers claim in a proposed class action that Bee Sweet Citrus, Inc. has failed to pay wages for all hours worked, among other apparent violations of the wage orders set by California’s Industrial Welfare Commission (IWC).

Bee Sweet Citrus hires thousands of seasonal agricultural workers during the pre-harvest and harvesting of mandarins, grapefruits, lemons and other citrus commodities in fields near Fresno, Madera and Tulare Counties in California, the case explains. According to the suit, the defendant enters into “working arrangements” with seasonal agricultural workers such as the plaintiffs, and effectively communicates it will abide by the law by posting IWC Wage Order 14 at the job site.

“By words, conduct, practice, agreement, or custom and usage, including but not limited to posting IWC Wage Order 14 at the place of employment, Defendants communicated to Plaintiffs and members of the Proposed Class that Defendants would abide by the terms contained therein,” the lawsuit states, adding that the arrangement requires Bee Sweet Citrus to pay workers their agreed-upon wages for all hours worked and provide proper breaks.

According to the lawsuit, however, Bee Sweet Citrus failed to pay the plaintiffs and proposed class members for all hours worked, including for time spent preparing for shifts, waiting for harvesting to begin, and traveling between fields.

The case alleges agricultural workers were paid an agreed-upon piece rate for picking commodity citrus fruits yet received no compensation for time spent working “off the clock.” Specifically, workers spent time before each shift performing “compensable activities,” such as moving ladders from their trucks and picking up the previous day’s fallen fruit from the ground, the suit says.

Moreover, workers were often told to report to work at a scheduled time and then asked to wait up to four hours before they could begin harvesting, the lawsuit adds. Still further, the defendants required workers to use their own vehicles to travel between fields in the middle of their shifts without paying the individuals for the time and expense, or for time spent putting away ladders after each shift ended, the suit alleges.

“As such, Defendants failed to record the travel time and waiting time, including work performed off-the-clock, and failed to compensate Plaintiff and the Proposed Class for all hours worked,” the complaint charges, claiming the defendant’s decision was “knowing and willful.”

The case goes on to allege agricultural workers were not provided with proper 10-minute rest periods for every four hours worked, or major fraction thereof, nor proper reimbursement for purchasing their own tools and equipment. Though IWC Wage Order 14 specifies that the employer will provide the required tools and equipment—which in the plaintiffs’ case included scissors, blade sharpeners, sacks, and gloves—Bee Sweet Citrus required workers to purchase their own supplies, and provided no reimbursement for such, according to the case.

Finally, the lawsuit claims Bee Sweet Citrus failed to issue accurate, itemized wage statements as required by law, as well as pay workers all wages owed at the time of their separation from the company.

The three plaintiffs look to represent anyone who worked for Bee Sweet Citrus in California as a harvest worker within the past four years.

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