Unlicensed farm contractor stopped for seven years

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KAILUA-KONA— A woman is barred from work as a farm labor contractor for operating an unregistered company after a federal investigation.

KAILUA-KONA— A woman is barred from work as a farm labor contractor for operating an unregistered company after a federal investigation.

The U.S. Department of Labor filed its allegations on Nov. 3 against Tomasa Rincon-Ibarra, who was doing business as Tomasita Farm Service in 2011.

Senior trial attorney Rose Darling said the investigation found evidence that Rincon-Ibarra was running the company from before that date. However, they only opted to charge for 2011 violations.

In the filing the department wrote her company would not allow the employees to return home on a daily basis, were paid $0.40 a pound for coffee and were not always paid the federal minimum wage of $7.25 an hour.

Officials said the investigation puts Hawaii agricultural growers on notice that they should ask a labor contractor for registration proof before entering into worker agreements, according to an Associated Press report out of Holaloa.

There were also a number of paperwork violations. The complaint said Rincon-Ibarra did not provide the employees anything in writing to describe where they were working, how much they would be paid, how long they would be working or other required items. They also alleged she was operating as an unlicensed farm labor contractor.

Darling said the farm, Kona Best Coffee LLC, made good the difference in the employee’s pay caused by Rincon-Ibarra’s actions. She said the workers were local people brought to the farm.

Rincon-Ibarra represented herself in court and could not be reached for comment Thursday.

The case was concluded on Nov. 12.

In agreeing to the consent judgment and order, she cannot work as a farm labor contractor for seven years.

Kona Best Coffee LLC, could not be reached for comment Tuesday.