South African H-2A Workers Sue Alleging Unpaid Wages, Hazardous Work Conditions, Substandard Housing, and Retaliation

SAINT PAUL, MINNESOTA - Three South African individuals admitted to the U.S. as H-2A agricultural workers filed a lawsuit against their former employer alleging that they were not paid minimum or overtime wages, were housed in unsafe housing. Two workers also allege they were fired in retaliation for speaking up about these conditions.

On March 8, 2024, three former employees of Boehnke Waste Handling (“Boehnke”) filed a lawsuit in the U.S. District Court for the District of Minnesota against the company and its owner, Chad Boehnke. The former employees seek to recover wages for themselves and for other workers who were improperly paid by Boehnke. The claims extend back to 2021.

The workers were recruited through the H-2A program, which allows U.S. employers to bring in foreign workers to help fill short-term agricultural labor shortages. The workers, referred to as “H-2A workers,” were hired under contracts that guaranteed payment of federally established wage rates and safe and sanitary housing. Instead of being assigned agricultural tasks on the Boehnke farm as described in their work contracts, the workers were required to work as many as 100 hours per week handling manure on farms, dairies, and ranches throughout the Midwest. The workers were paid an agricultural wage for this labor, with no overtime pay, rather than the much higher federal wage required for workers handling hazardous materials.

The workers contend that they and other workers were not paid overtime and were not paid for the time they spent driving company equipment from worksite to worksite.

According to the workers, the housing they were given was grossly substandard. Workers were crowded into small, windowless dormitory-style rooms inside Boehnke’s machine shop, where they were regularly exposed to chemical and manure fumes.

Two of the three workers also claim that Boehnke retaliated against them when they raised concerns about the conditions of their housing, their right to be paid properly, and the safety of their workplace. When the two workers raised these concerns, Boehnke terminated them, months before the end of their employment contracts.

As a result of Boehnke’s conduct, the workers claim that they and other workers lost thousands of dollars in income and were forced to endure unsafe and unsanitary living and working conditions. The workers hope that their lawsuit helps future Boehnke employees avoid the same conditions. 

The workers are represented by Peter Murray, Elana Gold, and Griselt Andrade of the Agricultural Worker Project (“AWP”). The AWP is a project of the nonprofit legal aid firm Southern Minnesota Regional Legal Services (“SMRLS”) and is funded by the Legal Services Corporation.

Agricultural workers, including H-2A workers, can contact the AWP (1-800-652-9733) with questions or concerns about their employment rights in Minnesota or North Dakota.

Contact: Elise Sporre, AWP Project Manager & Outreach Coordinator, elise.sporre@smrls.org