California Cites Agencies, Foster Farms $3.8M for COVID-19 Sick Leave Violations

The California Labor Commissioner’s Office cited three temporary staffing agencies as well as joint employers Foster Farms, LLC and Foster Poultry Farms nearly $3.8 million for failure to inform 3,476 temporary workers of their available COVID-19 supplemental paid sick leave.

The staff agencies were Viking Staffing CA LLC, Human Bees Inc. and Marcos Renteria Ag Services Inc.

The Labor Commissioner’s Office in 2020 opened an investigation into Foster Poultry Farms, a processing plant in Livingston, after COVID-19 outbreaks were reported at the worksite. The investigation included an audit of payroll records, which reportedly determined that the temporary staffing agencies named above hired staff to fill in for permanent workers affected by COVID-19 outbreaks at the processing plant, but failed to inform the temporary staff of their rights to supplemental paid sick leave.

The Labor Commissioner’s Office found the temporary staffing agencies, Foster Farms, LLC and Foster Poultry Farms jointly liable for these violations.

The 3,476 temporary workers are owed a total of $3.7 million in penalties. Human Bees, Inc. owes its 1,987 temporary workers $940,050; Viking Staffing CA, LLC owes its 341 temporary workers $377,850; and Marcos Renteria Ag Services Inc. owes its 1,148 temporary workers $2,465,900.

The 2022 supplemental paid sick leave law went into effect on Feb. 19, and is retroactive to Jan. 1. It provides covered employees up to 80 hours of COVID-19 related paid leave, with up to 40 of those hours for isolation and quarantine, receiving vaccines and caring for a child whose school or place of care is closed, and up to an additional 40 of those hours available only when an employee or family member for whom the employee provides care tests positive for COVID-19.

Topics California Agencies Agribusiness COVID-19