Windset Farms and its contract labor provider, Pacheco Labor Services, were named in two lawsuits filed in May by former employees.
The cases are separate: One is a sexual harassment lawsuit filed by Irma Sanchez; the other is a class action lawsuit alleging labor law violations.
In addition to listing Windset Farms and Pacheco Labor Services Inc. in the harassment lawsuit, Sanchez also names Peak Electric, Jose Angel Calderon, Antonio Reyes Pacheco, Jesus Edgar Pacheco, Roberto Pulido, and Richard Walter as defendants in the suit, alleging assault, battery, failure to prevent harassment, negligence, retaliation, and intentional infliction of emotional distress in addition to sexual harassment in the workplace as reasons for the lawsuit. A hearing is scheduled for Oct. 21.
The class action lawsuit is filed against Windset Farms (California) Inc., Windset Farms (California) Labor Management Inc., Pacheco Brothers Inc., and Pacheco Brothers Services Inc. for alleged violations of the California Labor Code, listed in the lawsuit as requiring employees to work without pay before and after a regularly scheduled shift, forcing employees to pay for their own equipment, and not giving mandated rest or meal periods during the workday.
Windset Farms brought the world of hydroponically grown tomatoes, cucumbers, and other vegetables to Santa Maria after receiving approval in 2009 to build four greenhouses and a produce packaging warehouse on Black Road. The company is in the middle of constructing its third greenhouse. It’s based in Canada, where it has two similar facilities, and also has a set of greenhouses in Nevada.
A reporter from the Sun called the Windset Farms office in Santa Maria for comment and asked to speak to a spokesperson or a lawyer about the labor lawsuit. “There isn’t right now. Bye,” the woman who answered said before hanging up.
Pacheco Labor Services has changed its name to Cal Central Harvesting Inc.; the woman who answered the phone for that company said they weren’t Pacheco Labor Services and hung up. A manager at Pacheco Brothers Inc., the sister company located in Shafter, Calif., said the two offices didn’t communicate—that whatever happened in Santa Maria had nothing to do with them—before terminating the call.
Of the three plaintiffs listed in the class action lawsuit, two quit and one was laid off, said Karen Carerra, a lawyer with one of the two San Francisco-based firms prosecuting the case.
The two who quit—Jose Vidales and Martin Briseño—did so because of the conditions in which they said they were required to work. Carerra said there are 25 to 30 other current and former employees who have signed up to be part of the suit and there’s potential for more. Windset Farms’ labor force could be anywhere from 300 to 500 employees, she said.
“It depends on [when] we get the documentation and do all the discovery we have to do,” Carerra explained. “That takes a lot of work.”
Discovery on the case would include questioning managers, executives, and employees, and subpoenaing documents, records, and employee pay stubs. She said once all that information is gathered, they can also decide the dollar amount sought through the lawsuit.
“It could be in the thousands or in the millions with that kind of a class size,” Carerra said.
The lawsuit is also requesting that the courts issue an injunction against Windset Farms ordering the company to comply with California labor laws. A court date for the case is scheduled for Oct. 2.
This article appears in Aug 8-15, 2013.