Casertano Greenhouses & Farms in Cheshire partners with agricultural workers from Mexico to bring fresh, natural greens to the holiday and Christmas decorations of numerous homes.
A group of workers has filed a federal lawsuit against the company and a national labor contractor, alleging that they have been exploited and that the terms of a temporary agricultural visa program have been violated.
The workers have filed a lawsuit in the U.S. District Court in Connecticut, claiming that they were compelled to work overtime without receiving any compensation. Additionally, they assert that they were required to take unpaid leaves and cover their own travel and other expenses, among other allegations.
According to Natalia Poblete from the Yale Worker and Immigrant Rights Advocacy Clinic at Yale Law School, she finds it ironic that the workers were consistently denied permission to leave their housing units even for simple activities like going to Mass.
“Meanwhile,” she said, “they are busy crafting festive Christmas decorations.”
Poblete, along with faculty and four other students from Yale Law School, is representing the workers.
The lawsuit names two defendants, Casertano Greenhouses and national labor contractor Manzana LLC. Despite Connecticut Public’s attempts to reach out to Manzana, no response was received. In a statement, Rick Grimaldi, a representative for Casertano, expressed that the business upholds a commitment to treating all workers with dignity and respect.
Grimaldi expressed confidence in the company’s innocence, stating, “We deny the allegations and are confident that as the process unfolds, it will reveal them to be unfounded.”
Workers in vulnerable positions
Temporary workers in the United States can avail employment and housing through the H-2A visa program. This program enables contractors to hire agricultural laborers from overseas specifically for seasonal work.
Francisco Javier Zavala Martinez, the plaintiff, expressed in a press release that he was driven to accept the job at Casertano out of sheer desperation.
Zavala Martinez explained the reason for coming to the U.S., stating that it was due to his mother’s illness and the collapse of her roof. He shared that he remained silent about the abuse he faced for four years while needing work. The immense stress he experienced during this time was overwhelming. However, he emphasized the importance of workers being aware of their rights and the existence of laws that protect them.
According to Poblete, the Yale law student, the lawsuit claims that Casertano has been collaborating with Manzana since 2019 to hire foreign workers. The plaintiffs and other workers were allegedly subjected to various forms of mistreatment, including being deprived of their rightful wages, compelled to pay unlawful recruitment fees and travel expenses, and even faced with the threat of deportation.
According to Poblete, the H-2A visa program’s federal rules were violated by all of this conduct.
According to Theodore Walter, another Yale law student representing the plaintiffs, Manzana has faced at least two previous lawsuits for its systemic abuse of the H-2A program outside of Connecticut.
One of the cases filed in the District of Puerto Rico, which involved Manzana, reached a settlement, as stated in court documents.
According to conversations with advocates involved in the case, Walter said that another case in the Western District of Michigan, in which the federal law claim was dismissed and remanded, also ended in a settlement.
Workers in the H-2A program rely on the program for housing, their immigration status, and employment to support their families, granting employers significant control over them,” she remarked.
According to Poblete, H-2A workers often encounter substantial challenges in speaking out against the injustices they face due to their geographical, social, and linguistic isolation.
Seeking compensation
According to the legal team, each worker is estimated to be owed thousands of dollars in unpaid wages.
According to Poblete, the plaintiffs are also alleging that they were compelled to take a month of unpaid leave and only received payment for the work they completed prior to their vacation when they returned.
According to the lawsuit, the workers were forced to continue working through the end of the season as they were kept on a delayed payment schedule.
According to her, a significant number of workers incurred debts to cover expenses related to travel and other fees. This further worsened their already precarious financial situation.
According to Poblete, the plaintiffs have been essentially coerced into a cycle of dependence on their exploitative employers, resulting in extreme stress, anxiety, and depression.
The plaintiffs are seeking to recover their unpaid wages, as well as compensatory damages for emotional distress and liquidated and punitive damages.
The Federal program is currently facing scrutiny.
Casertano Greenhouses, a family company founded three generations ago by immigrants to this country, has recently faced allegations. However, the company’s owner, in a written statement, firmly denied these claims. He emphasized that the company has been a vital part of the community since 1929 and prides itself on treating all employees with dignity and respect.
According to the company, the problem lies within the federal visa program.
Grimaldi, the representative for Casertano, responded to the complaint filed by Yale Law School students, along with an attorney who has a track record of filing such complaints. According to Grimaldi, the students’ concerns primarily revolve around the H-2A program itself, rather than how their family business is operated or how employees are treated.
Casertano refuted the allegations made in the complaint regarding supervisors giving preferential treatment to employees who were not H-2A visa workers.
In a statement, Grimaldi expressed a serious concern about the allegations, as they not only tarnish the reputation of the company but also raise doubts about the integrity of its employees.
According to Poblete, the plaintiffs and the Yale legal team are ready to proceed with a trial if it becomes necessary.
According to Poblete, it has been well-established by various watchdog organizations and the Department of Labor that the H-2A program is plagued with abuse. Poblete commends the plaintiffs involved in this lawsuit for their exceptional courage in seeking justice for all H-2A workers at Casertano Farms.