Even in light of the challenges we face during these difficult times, workers refuse to be silenced. Together, we will continue to make unethical and reprehensible employers answer for their mistreatment of workers.
The Oregon Law Center and The Northwest Workers’ Justice Project recently filed a lawsuit to remedy abuse of an immigrant forestry worker, enforce paid travel time, and ensure that Oregon’s labor standards are upheld. The complaint alleges violations of the Migrant and Seasonal Worker Protection Act, unpaid wages and overtime, failure to provide rest and meal periods, as well as failing to adhere to the Oregon Contractor Registration Act. Additionally, this case alleges that our client was not provided with appropriate medical care and faced intimidation, harassment, and unlawful termination after a deliberate and preventable workplace injury.
A little over three years ago, this forestry worker came to the United States on an H-2B temporary work visa for the promise of a good paying job and a better life. Based on assurances of fair treatment and a livable wage made by the recruiter, Del Al Associates, on behalf of the employer, Raindrop Reforestation, this worker moved from Mexico to Medford, Oregon. However, reality was a very different and far darker story. Raindrop Reforestation allegedly made workers drive long hours to worksites in the mountains without compensation. By refusing to acknowledge the totality of the hours worked, Raindrop Reforestation has also allegedly failed to pay mandated overtime rates. The living conditions provided were always overcrowded and often lacked basic utilities or bathrooms. The lack of running water or heating made for unconscionable conditions that no worker should be forced to suffer.
The grueling work demanded by Raindrop Reforestation included brush clearing, fire break construction, and the use of chainsaws for tree removal. The employees were not trained on how to take on this hazardous work safely, with no chainsaw training or any instruction regarding best practices for this type of reforestation work. Management was well aware this practice was unsafe, and simply took the risk that it might eventually result in serious injury or death. Unfortunately, this came to pass when our client, while using a chainsaw, had a tree fall on his ankle.
With a badly fractured bone, and pinned to the ground, the worker was unable to walk or even stand. The contractor allegedly refused to allow fellow workers to assist, leaving the fallen worker on the cold ground until the end of the shift. As long as four hours later, doctors confirmed the extent of the injury, but management continued to deny responsibility. With threats of potential retaliation, Raindrop Reforestation management reportedly warned the worker against making any claims with workers compensation. Raindrop Reforestation allegedly abandoned its employee, broke, in pain, and with nowhere else to go, on the way to the next job.
The Oregon Law Center and NWJP stand with forestry workers who will not allow hazardous work environments, bullying, or wage theft to continue unopposed. To create a world where all have equal access to justice, low-wage, immigrant, and seasonal workers must be supported. Through robust enforcement of workplace protections, we can put an end to exploitative management practices and ensure safety, prosperity, and dignity for all.