Image via Foster Farms

The California Labor Commissioner has cited three staffing agencies and joint employers Foster Farms, LLC and Foster Poultry Farms nearly $3.8 million after an investigation discovered a failure to inform 3,476 temporary employees of Covid-19 paid sick leave.

The announcement follows an investigation into Foster Poultry Farms, a poultry processing plant based in Livingston, following Covid-19 outbreaks at the site. 

The investigation determined that Viking Staffing CA LLC, Human Bees Inc., and Marcos Renteria Ag Services Inc. failed to inform the temporary staff of their available sick leave. 

Supplemental sick leave provides workers time off following a positive Covid-19 test or a family member or fellow employee’s positive test.

“That’s what supplemental paid sick leave is for — it keeps sick workers at home and protects against the spread of COVID-19,” said Labor Commissioner Lilia Garcia-Brower.

Of the approximately $3.8 million in fees, Human Bees, Inc. will owe $940,050 to 1,987 employees and Marcos Renteria Ag Services Inc. will owe $2,465,900 to 1,148 employees.

The Colorado based Viking Staffing CA, LLC, which operates an office in Fresno, will owe 341 temporary employees $377,850.

 The current 2022 supplemental paid sick leave law provides coverage for up to 80 hours of COVID-19 related paid leave, including up to 40 hours for isolation and quarantine, caring for a child whose school or care facility is closed and up to an additional 40 hours when an employee or family member tests positive for COVID-19.

“Employers who contract with staffing agencies have a joint responsibility to protect the health of their workers,” added Garcia-Brower. “Employees are obligated to ensure that employees are made aware of sick leave benefits intended to protect workers, their families and the public from the spread of COVID-19.”

Workers are able to file a wage claim, or report the labor law violation through the California Department of Industrial Relations website, or by calling the Labor Commissioner’s Office at (833) 526-4636.

“Workers should not have to worry about financial hardship if they need to take care of themselves or a family member who is COVID positive,” said Garcia-Brower.