NC Justice Center secures $305,000 wage theft settlement for H-2A visa farmworkers

RALEIGH (March 23, 2026) – The North Carolina Justice Center, together with co-counsel Higgins Benjamin, PLLC, obtained final approval last week for a $305,000 settlement benefitting 99 agricultural workers who came to the United States from Mexico through the H-2A visa program. The farmworkers worked for Lee and Sons Farms in Four Oaks, North Carolina.

The two named plaintiffs—Mr. Lopez Lopez and Mr. Flores Lozano—brought their lawsuit as a class action, alleging that Lee and Sons paid them and their co-workers less than the hourly wage promised in the H-2A job contract, violating state and federal wage and hour laws. They also alleged that the farm did not properly reimburse them for inbound travel expenses, resulting in additional wage violations.

“We are so happy to have reached this result for our clients and all the class members. The wage violations and H-2A contract violations they experienced are, unfortunately, not unique,” said Clermont Ripley, Director of the Workers’ Rights Project at the North Carolina Justice Center. “The willingness of Mr. Lopez Lopez and Mr. Flores Lozano to bravely challenge their employers’ behavior and patiently stick out this litigation in order to get relief for their coworkers and not just themselves is inspiring.”

The settlement provides for payment to compensate class members and the named plaintiffs for the wage and contract violations. In addition, U.S. District Court Judge Terrence Boyle approved consent decrees ordering Lee and Sons to:

• Ensure its H-2A workers can use the kitchen to prepare their own food
• Reimburse the H-2A workers for transportation, visa, and subsistence costs with their first paycheck
• Keep more accurate payroll records to make sure that workers are paid properly for all hours worked

If Lee and Sons uses a labor contractor instead of directly employing H-2A workers, they will require the contractor to comply with these provisions.

Mr. Flores Lozano and Mr. Lopez Lopez are also pleased with this result. “I just want to remind all workers that they have rights and not to be afraid to call [legal] helplines,” said Mr. Flores Lozano. Co-counsel Jon Wall added “Farmers are integral to our North Carolina communities and heritage. We hope this outcome will prompt all farmers to pay close attention to and heed the requirements of the H-2A program.

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FOR MORE INFORMATION, CONTACT: Clermont Ripley, Director of the Workers’ Rights Project, clermont@ncjustice.org