Monday, August 26, 2019

Dept of Labor division finds Florida agriculture employer in violation of H2-A visa program requirement

An investigation by the U.S. Department of Labor Wage and Hour Division found a Florida agriculture employer in violation of requirements of the H2A visa program, resulting in a payment of back wages and civil money penalties.

From a U.S. Department of Labor news release (emphasis mine):


MOUNT DORA, FL - After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), AG Labor LLC – based in Plant City, Florida – has paid $16,332 in back wages and damages to 44 employees for violating requirements of the Fair Labor Standards Act (FLSA) and the H-2A visa program. The employer also paid $2,082 in civil money penalties for the H-2A violations. 
WHD investigators found AG Labor LLC – owned by Julio Cruz – violated the labor provisions of the H-2A visa program by failing to meet safety and health requirements for housing guest workers. The agricultural employer also failed to satisfy program requirements when it failed to list all of the job sites where employees would perform work when it submitted its request for workers. AG Labor also failed to pay some employees required wages for compensable time they spent traveling to and from work sites.
With the comment period open through September 24 pertaining to the DOL's proposed rule to modify the certification of non-immigrant workers under the H2A visa program, County Examiner hopes investigations into these types of visa program & FLSA violations remains with the DOL Wage and Hour Division.