Mississippi Today
Black Delta farm workers who were paid less than white South Africans settle lawsuits outside court
Black Delta farm workers who were paid less than white South Africans settle lawsuits outside court
The 13 Black farm workers who sued two Delta Farms — accusing the farm operators of racists hiring practices and paying white visa workers from South Africa more per hour — have reached a settlement outside of court, their attorneys announced this week.
The terms of the agreement forbid the parties from disclosing the settlements’ dollar amounts.
“But it was a significant amount of money,” said Mississippi Center for Justice Attorney Rob McDuff, who represented the workers. “I think the settlements demonstrate it’s far better for these companies and these farms to pay people properly than to ignore the law.”
Both Sunflower County farms — Pitts Farms and Harris Russell Farms — were featured in a Mississippi Today investigation that found a pattern of misuse of the H-2A visa program in the Delta.
READ MORE: White Delta farm owners are underpaying and pushing out Black workers
Pitts, a soybean, corn, and cotton farm, and Harris Russell, a catfish farm, brought in white South Africans through the visa program, which is intended to only be used when farms cannot find enough local workers.
The program requires farm owners to pay both local workers and foreign workers the same wage, but years of paystubs obtained by Mississippi Today showed Black workers made mostly the federal minimum wage of $7.25 while getting fewer and fewer hours each season. The H-2A workers took home upwards of $11 an hour.
Eventually, the local workers said they were told they no longer had jobs, according to the lawsuits and interviews Mississippi Today had with former workers.
Ty Pinkins, a former attorney on the case, said the result of the lawsuits has pressured other farms with visa workers into following federal mandates over pay for their local employees.
“Many of the Black workers have expressed excitement and they’re happy that having the courage to come forward has caused a lot of farmworkers to receive a pay rate to the degree they were supposed to get in the first place,” Pinkins said.
Mississippi Today’s investigation found Pitts Farms had already been fined for paying its local workers less money than visa workers and not properly offering jobs back to local workers by the Department of Labor. But the DOL only audited the farm’s paychecks and bank statements for a two-year period — the standard for its investigations.
That meant most of the men in the Pitts Farms lawsuit, filed in 2021, didn’t receive any of the federally mandated backwages the farm had to pay. They had stopped working for Pitts before the audit period.
Harris Russell was investigated by the federal labor department after the lawsuit was filed and Mississippi Today’s investigation was published. The catfish farm, along with 10 other farms, were fined a collective $122,610. The string of investigations recovered wages for 45 workers totaling $134,532.
Neither Pitts or Harris Russell farms responded to a request for comment.
In June, Secretary of Labor Marty Walsh visited the Delta and met with some of the men in the lawsuits. Two months later, the labor department began its investigations of the 11 other farms that were recently fined.
McDuff said he and his colleagues at the Mississippi Center for Justice and Southern Migrant Legal Services plan to file more lawsuits against other farms with pay discrepancies between Black local workers and white South African workers.
“Many other Delta farms are engaging in these unlawful practices and more suits will be coming against those who do not pay fair wages to the local workers,” said Amal Bouhabib, another one of the workers’ attorneys.
Editor’s note: The Mississippi Center For Justice President and CEO Vangela Wade serves on Mississippi Today’s board of trustees.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court
The Improve Mississippi PAC claims in advertising that the state Supreme Court “is in danger of being dominated by liberal justices” unless Jenifer Branning is elected in Tuesday’s runoff.
Improve Mississippi made the almost laughable claim in both radio commercials and mailers that were sent to homes in the court’s central district, where a runoff election will be held on Tuesday.
Improve Mississippi is an independent, third party political action committee created to aid state Sen. Jenifer Branning of Neshoba County in her efforts to defeat longtime Central District Supreme Court Justice Jim Kitchens of Copiah County.
The PAC should receive an award or at least be considered for an honor for best fiction writing.
At least seven current members of the nine-member Supreme Court would be shocked to know anyone considered them liberal.
It is telling that the ads do not offer any examples of “liberal” Supreme Court opinions issued by the current majority. It is even more telling that there have been no ads by Improve Mississippi or any other group citing the liberal dissenting opinions written or joined by Kitchens.
Granted, it is fair and likely accurate to point out that Branning is more conservative than Kitchens. After all, Branning is considered one of the more conservative members of a supermajority Republican Mississippi Senate.
As a member of the Senate, for example, she voted against removing the Confederate battle emblem from the Mississippi state flag, opposed Medicaid expansion and an equal pay bill for women.
And if she is elected to the state Supreme Court in Tuesday’s runoff election, she might be one of the panel’s more conservative members. But she will be surrounded by a Supreme Court bench full of conservatives.
A look at the history of the members of the Supreme Court might be helpful.
Chief Justice Michael Randolph originally was appointed to the court by Republican Gov. Haley Barbour, who is credited with leading the effort to make the Republican Party dominant in Mississippi. Before Randolph was appointed by Barbour, he served a stint on the National Coal Council — appointed to the post by President Ronald Reagan who is considered an icon in the conservative movement.
Justices James Maxwell, Dawn Beam, David Ishee and Kenneth Griffis were appointed by Republican Gov. Phil Bryant.
Only three members of the current court were not initially appointed to the Supreme Court by conservative Republican governors: Kitchens, Josiah Coleman and Robert Chamberlin. All three got their initial posts on the court by winning elections for full eight-year terms.
But Chamberlin, once a Republican state senator from Southaven, was appointed as a circuit court judge by Barbour before winning his Supreme Court post. And Coleman was endorsed in his election effort by both the Republican Party and by current Republican Gov. Tate Reeves, who also contributed to his campaign.
Only Kitchens earned a spot on the court without either being appointed by a Republican governor or being endorsed by the state Republican Party.
The ninth member of the court is Leslie King, who, like Kitchens, is viewed as not as conservative as the other seven justices. King, former chief judge on the Mississippi Court of Appeals, was originally appointed to the Supreme Court by Barbour, who to his credit made the appointment at least in part to ensure that a Black Mississippian remained on the nine-member court.
It should be noted that Beam was defeated on Nov. 5 by David Sullivan, a Gulf Coast municipal judge who has a local reputation for leaning conservative. Even if Sullivan is less conservative when he takes his new post in January, there still be six justices on the Supreme Court with strong conservative bonafides, not counting what happens in the Branning-Kitchens runoff.
Granted, Kitchens is next in line to serve as chief justice should Randolph, who has been on the court since 2004, step down. The longest tenured justice serves as the chief justice.
But to think that Kitchens as chief justice would be able to exert enough influence to force the other longtime conservative members of the court to start voting as liberals is even more fiction.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1968
Nov. 24, 1968
Black Panther leader Eldridge Cleaver fled the U.S. to avoid imprisonment on a parole violation. He wrote in “Soul on Ice”: “If a man like Malcolm X could change and repudiate racism, if I myself and other former Muslims can change, if young whites can change, then there is hope for America.”
The Arkansas native began to be incarcerated when he was still in junior high and soon read about Malcolm X. He began writing his own essays, drawing the praise of Norman Mailer and others. That work helped him win parole in 1966. His “Soul on Ice” memoir, written from Folsom state prison, described his journey from selling marijuana to following Malcolm X. The book he wrote became a seminal work in Black literature, and he became a national figure.
Cleaver soon joined the Black Panther Party, serving as the minister of information. After a Panther shootout with police that left him injured, one Panther dead and two officers wounded, he jumped bail and fled the U.S. In 1977, after an unsuccessful suicide attempt, he returned to the U.S. pleaded guilty to a reduced charge of assault and served 1,200 hours of community service.
From that point forward, “Mr. Cleaver metamorphosed into variously a born-again Christian, a follower of the Rev. Sun Myung Moon, a Mormon, a crack cocaine addict, a designer of men’s trousers featuring a codpiece and even, finally, a Republican,” The New York Times wrote in his 1998 obituary. His wife said he was suffering from mental illness and never recovered.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1867
Nov. 23, 1867
The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights.
The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders.
The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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