Company to Pay $36,000 in Back Wages, $40,000 in H-2B Penalties : Immigration Law Blog

The U.S. Division of Labor (DOL) has introduced that Alvarado Landscaping of Lorain, Ohio, violated a federal requirement of paying their H-2B short-term staff for his or her worldwide transportation and meal bills. The DOL mentioned the landscaping firm should pay $36,000 in again wages and $40,000 in H-2B penalties.

The federal legislation requires employers who rent H-2B short-term staff to pay their worldwide transportation and meal bills whereas they journey from their residence nation to the U.S. The landscaping firm left it to the employees to bear their very own journey bills.

Again Wages and H-2B Penalties

The investigation carried out by the DOL’s Wage and Hour Division revealed that the landscaping firm owed twelve short-term workers a complete of $36,179 in again wages for violating the H-2B visa program. The corporate has additionally been issued $40,000 in civil cash penalties.

“These staff, who’re away from their households for months at a time, need to be paid each penny of the wages they’ve legally earned,” mentioned Wage and Hour Division District Director George Victory in Columbus, Ohio. “Implementing the necessities of this program protects these susceptible staff, protects U.S. staff of their trade, and ranges the enjoying area for employers who play by the foundations.”

The Wage and Hour Division decided that Alvarado Landscaping had dedicated the next violations:

• Did not pay staff’ inbound and outbound worldwide transportation and meal prices
• Paid H-2B staff additional time hours in money at a price lower than the required wage
• Took impermissible deductions from staff’ pay to cowl their housing
• Supplied investigators with inaccurate time and pay data

Wages and the Truthful Labor Requirements Act

The Federal Labor Requirements Act (FLSA) establishes minimal wages, additional time pay, recordkeeping, and varied different customary labor necessities. The FLSA Minimal Wage is the federal minimal wage, presently $7.25 per hour. Some states have their very own minimal wage legal guidelines. In conditions the place the worker is topic to each federal and state minimal wage legal guidelines, the worker is entitled to the upper minimal wage.

Workers are additionally to be paid for his or her additional time hours labored. Hours labored over 40 per workweek should be compensated at a price not lower than one- and one-half occasions the common price of pay. Moreover, there isn’t any restrict on the variety of hours an worker who’s 16 years and older can work additional time. Employers violating minimal wage necessities are normally investigated and slapped with civil penalties.

To be taught extra about this weblog submit or in case you have every other immigration issues, please be at liberty to contact me at rglahoud@norris-law.com or (484) 544-0022.