Bonipak and Alco Harvesting: The $6.175 Million Farmworker Settlement, and How to File a DLSE Wage Claim

A Santa Maria produce company just paid millions because it did not tell farmworkers they had paid sick leave, and because it shorted wages. If you work in the fields — H-2A or not — the same statutes apply to you. You do not wait for the next statewide lawsuit. You document, you file, and the Labor Commissioner’s Office will hear you.

What the Law Says

On February 4, 2026, the California Labor Commissioner’s Office announced DIR News Release 2026-17: a $6,175,000 settlement with Santa Maria-based Alco Harvesting LLC dba Bonipak Produce Inc. and related entities. The Office says the wage-and-hour violations affected more than 10,000 farmworkers, including H-2A workers in employer-provided housing during COVID-19. $4.2 million of that settlement is to be distributed directly to affected farmworkers, including about $1.5 million for paid sick leave and minimum-wage violations. Remaining funds cover other wages, damages, penalties, interest, counsel fees, individual plaintiff claims, and administrator expenses. Those figures are the DIR’s, not mine.

The Labor Commissioner’s investigation found that Alco Harvesting failed to give workers the legally required written notice of available paid sick leave and COVID-19 supplemental paid sick leave. It also found unpaid transportation time, overtime, and minimum wage. The lawsuit was filed July 16, 2021, in Santa Barbara Superior Court and was consolidated with a California Rural Legal Assistance action on behalf of H-2A workers.

The underlying duties are not unique to Bonipak. Labor Code section 246 requires paid sick leave and requires the employer to provide written notice of available sick leave. Labor Code section 510 requires overtime. Labor Code section 1194 lets a worker recover unpaid minimum wage or unpaid overtime, plus interest, attorney’s fees, and costs. Labor Code section 1194.2 adds liquidated damages equal to the unpaid minimum wage in listed minimum-wage actions. Labor Code section 1171.5 extends these protections regardless of immigration status. DIR’s release is explicit: the Labor Commissioner’s Office does not ask about immigration status, and workers who file wage claims are not required to disclose it.

This post is about that settlement and about filing your own wage claim. It is not a claims-administration portal for the Bonipak fund. If you worked there and never received a settlement notice, call the Labor Commissioner’s helpline. If you have unpaid wages anywhere in California, file a DLSE wage claim.

How to Fight Back, Step by Step

1. Write down the legal name on your paystub or housing paperwork. For this case it is Alco Harvesting LLC dba Bonipak Produce Inc. and related entities. For any other grower, use the name and address on the wage statement. Labor Code section 226(a)(8) requires that legal-entity name and address on every stub.

1. Reconstruct your hours. Note start and end times, transportation after the first reporting location, meal and rest breaks, and days you worked while sick without paid leave. DIR found unpaid transportation time in this case. Hours worked include time the employer controls.

1. Keep every paystub, piece-rate ticket, and housing assignment. Section 226 requires an accurate itemized statement at each payment: hours, rates, gross and net, pay-period dates, and the employer’s legal name and address. If the stub is missing or wrong, that is its own claim.

1. If you worked for Alco Harvesting / Bonipak and did not receive a settlement notice, call the Labor Commissioner’s Office at 1-833-LCO-INFO (833-526-4636), Monday through Friday, 8 a.m. to 5 p.m. Ask about DIR News Release 2026-17. Do not assume the administrator already has you.

1. For unpaid wages, sick leave, overtime, or travel time — at Bonipak or anywhere else — file a wage claim with the Labor Commissioner. File online at dir.ca.gov/dlse/HowToFileWageClaim.htm, or by mail or in person at a local office. DIR’s filing page: three years for minimum wage, overtime, unpaid rest and meal breaks, sick leave, illegal deductions, or unpaid reimbursements; four years if you have a written contract. You can file even if you are undocumented. Retaliation for filing is illegal.

Common Questions

I am an H-2A worker. Can I still file?

Yes. DIR’s 2026-17 release states that California labor laws protect workers regardless of immigration status, including H-2A workers in employer-provided housing. The Labor Commissioner does not ask about status. Labor Code section 1171.5 is the statute.

Will filing a claim get me a check from the $4.2 million Bonipak fund?

Not automatically. DIR says $4.2 million will be distributed to affected farmworkers through the settlement. That distribution is not the same process as a new DLSE wage claim. If you think you were in the class and got no notice, call 833-526-4636. If you have unpaid wages the settlement did not cover, or you work for a different employer, file a wage claim. Do not wait for another press release.

Get the free Wage Theft Recovery Kit at wagetheftkit.com — demand-letter templates, hours worksheets, and DLSE filing checklists. Free, no email wall. The same kit is at justiceprompt.com. Educational use only — not legal advice.