Posted at 9:55 a.m., Tuesday, June 27, 2006
Judge orders shutdown of farm labor provider
Advertiser Staff
A California firm that supplies overseas workers to several farms in Hawai`i has been ordered by a circuit court judge to shut down its local operations until it acquires workers' compensation insurance for its employees, the State Labor Department announced today.The action was in response to an preliminary injunction filed by the State Labor Director Nelson Befitel against Global Horizons Inc. for failure to follow state law in providing workers' compensation coverage for its employees.
Circuit Court Judge Victoria Marks found that Global has failed to provide workers' compensation coverage to at least 102 of its immigrant employees working in Hawai`i since March 28, 2006, the date its last workers' compensation policy was cancelled. The 102 immigrant employees work on various farms across the state, including the islands of O`ahu, Maui, Kaua`i, and the Big Island.
"We are aware that this action may affect the migrant workers and Hawai`i farmers. However, we were compelled to take this action out of concern for the health and welfare of these immigrant workers," Befitel said. "It's our responsibility to ensure that each worker is afforded the rights and benefits they are entitled to under our laws."
Global Horizon, Inc. is a contract labor company which hires foreign agricultural workers, who are admitted into the United States on a temporary basis, commonly known as "H-2A workers", to work as laborers on Hawai`i's farms. Many of H-2A workers in Hawai`i that are employed by Global are primarily from Thailand and speak little English.
In March and April the Department of Labor and Industrial Relations' Hawai`i Occupational Safety and Health Division conducted inspections of all farm camps in Hawai`i that employed temporary migrant farm workers. The inspection of Global's camps resulted in citations for multiple violations ranging from unsafe living conditions to inadequate safety and health management systems. Violations for unsafe living condition included insufficient living space and exposure to electrical and fire hazards.
Additionally, the State Labor Director has also filed a motion with the Court to compel Global to pay outstanding unemployment insurance taxes from mid-2004 to present. The complaint alleges that as of May 30 Global owed a total of $177,232.56 in back taxes, penalties, and interest.
