Wage and Hour Division (WHD)
U.S. Department of Labor
SEATTLE, Wash. -- The U.S. Department of Labor announced today that Oswego Ltd., a foreign carrier based in Busan, Korea, has paid $117,500 in civil money penalties for violations of the State of Alaska Exception under the Immigration and Nationality Act and its implementing regulations which protect the employment of U.S. workers in longshore activities in Alaska.
The foreign carrier failed to make a bona fide request for U.S. longshore workers and failed to employ U.S. workers who were made available at Clarks Point and Dutch Harbor, Alaska, in two separate incidents.
“Oswego Ltd. employed nonimmigrant aliens as crewmembers to perform longshore work in U.S. ports under D-1 visas,” said Donna Hart, Seattle district director for the Wage and Hour Division. “This settlement is an example of Wage and Hour’s enforcement activities protecting the employment rights of U.S. workers on Alaskan longshore jobs.”
Oswego Ltd. engaged in the business of operating vessels that transported and processed fish and performed longshore work in Alaska. The firm provided assurances to the department against future violations and has paid the civil money penalties in full.
The Immigration and Nationality Act generally prohibits foreign crew members from performing longshore work in U.S. ports. However, the State of Alaska Exception allows such work to be performed where there are not a sufficient number of U.S. workers available. To qualify for the exception the foreign carrier must make a bona fide request for U.S. workers and employ those workers made available in response to the request.
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