GRAND RAPIDS, MI – As Michigan’s harvest season swings into high gear, the U.S. Department of Labor wants to remind employers of their responsibilities and seasonal workers of their rights under federal law. 

Every summer and fall, Michigan’s vast fields are filled with agricultural workers hand harvesting the state’s seasonal bounty of crops. Many of those workers come to the U.S. to work for farmers under the federal H-2A temporary visa program. 

The H-2A program allows agricultural employers anticipating a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Michigan is among the top 10 states with employers that regularly hire workers under this program. The state has about 870 licensed housing sites that accommodate about 23,000 temporary workers.

The department’s Wage and Hour Division is conducting outreach with advocates and workers throughout the harvest season to educate them on federal laws – including the revised H-2A farmworker protection final rule, the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act – that set standards for safe and clean housing, transportation and fair wages. 

“Our outreach is putting a spotlight on key protections for H-2A farm workers including written contracts, free and safe transportation, safe housing and promised wages,” explained Wage and Hour District Director Mary O’Rourke in Grand Rapids, Michigan. “One of the most common violations we find involves employers failing to pay the H-2A Adverse Effect Wage Rate, which is $18.50 per hour in Michigan in 2024, because they pay workers on a piece-rate basis and don’t ensure workers get paid at least the required rate for all hours worked.” 

Key protections for H-2A workers include:

• Payment for all recruitment and visa costs.
• Reimbursement for the trip to the job site and payment for the return trip to their home country.
• Free and safe housing, and a sanitary kitchen to prepare meals if meals are not provided.
• Free and safe daily transportation with working safety restraints.
• The opportunity to work at least three-fourths of the hours agreed upon in their contract.
• The right to file a complaint or participate in an investigation without fear of retaliation.

“Employers agree to these key protections when they apply to the Department of Labor to hire temporary visa workers,” added Wage and Hour District Director Timolin Mitchell in Detroit. “Approval of their applications comes with a tacit acknowledgment that they will pay these workers a fair wage and treat them with the respect and dignity that all workers deserve. Employers with questions about wage laws should reach out to our compliance experts for assistance.”

The department’s revised H-2A farmworker protection final rule, which went into effect on June 28, 2024, adds further protections for temporary migrant workers from labor exploitation and human trafficking as well as additional safety requirements.

“All too often we find vulnerable workers – like those in the country for seasonal work – fear coming forward when they experience unsafe working conditions, unsanitary housing or short paychecks,” O’Rourke added. “The goal of our outreach is to make sure these workers are fully aware of the resources available to them if they have questions or concerns. These resources include nine local migrant resource councils in Michigan, the Consulate of Mexico in Detroit and the U.S. Department of Labor.”

View the department’s Agriculture Compliance Assistance Toolkit. 

Migrantworker.gov offers resources for workers on how to access support and information from recruitment to conditions of work and a safe return to their home country.

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from. The department can speak with callers in more than 200 languages.

Download the agency’s new Timesheet App for free on iOS and Android devices in English or Spanish to ensure hours and pay are accurate.

Date of action:           June 28, 2024

Type of action:          Consent judgment

Employer name:       Ikaros Gourmet Co., operating as Simon’s Food Concessions

Address:                        1412 Chelton Ave., Pittsburgh, PA 15226

Allegations:               Prompted by the findings of an investigation by the U.S. Department of Labor’s Wage and Hour Division, the department’s Office of the Solicitor filed suit in September 2023 against Ikaros Gourmet Co., a food stand operating as Simon’s Food Concessions, citing numerous violations of the Fair Labor Standards Act. 

The division determined that the company failed to pay overtime wages to six employees for hours over 40 in a workweek; instead paying straight-time wages for all hours worked. The employer also failed to keep accurate records of total hours worked.

Investigators also learned the employer allegedly threatened workers it believed cooperated with them, including a worker with an H-2B visa who the company attempted to send home before their contract ended.

In September 2023, the department obtained a temporary restraining order to stop the employer’s retaliation and interference with the division’s investigation.

Resolution:                In June 2024, the department obtained a consent judgment ordering the employer to pay $5,073 in back wages and an equal amount in liquidated damages for six workers. The judgment also required Ikaros to pay one worker an additional $4,853 in back wages, liquidated damages, compensatory and punitive damages for the retaliation violations.

Court:                        U.S. District Court for the Western District of Pennsylvania

Quote:                        “Federal law protects workers’ rights to participate in investigations into a company’s pay practices and prevents employers from retaliating or intimidating those who do,” said Wage and Hour Division District Director John DuMont in Pittsburgh. 

                                        “We are committed to protecting workers’ rights to approach the Department of Labor to provide information regarding harmful employment practices,” said Regional Solicitor of Labor Samantha Thomas in Philadelphia. “We will use all available tools to prevent and stop retaliation against workers.”

Background:             Based in Pittsburgh, Simon’s Food Concessions has specialized in catering and food concessions at public events in Pennsylvania and nearby states since 1976.

Learn more about the Wage and Hour Division.

Employers:                Old Woodward Ventures LLC, operating as Luxe Bar & Grill

                                         Kara Bongiovanni

                                        Grand Lux Café, Troy, Michigan                                

Court Action:            Consent judgment and order

Court:                         U.S. District Court Eastern District of Michigan, Southern Division

Investigation findings: An investigation by the U.S. Department of Labor’s Wage and Hour Division recovered $45,428 ‒ representing $22,714 in back wages and an equal amount in liquidated damages ‒ for 11 servers employed by Kara Bongiovanni and Old Woodward Ventures LLC, operators of Luxe Bar & Grill in Troy. Luxe Bar & Grill and Bongiovanni will also pay $4,570 in civil money penalties for violations of Fair Labor Standards Act’s overtime and recordkeeping provisions. 

Under terms of a consent order and judgment entered on August 8, 2024, by U.S. District Judge George Carem Steeh, the restaurant and owner Kara Bongiovanni must in the future provide relevant FLSA fact sheets to employees and not violate the FLSA. 

Investigators found Luxe Bar & Grill and Bongiovanni paid servers straight time for overtime “off the books” in cash and did not maintain accurate payroll records. 

In addition to paying the back wages, liquidated damages, and civil money penalties, Luxe Bar & Grill and Bongiovanni agreed to maintain an electronic time and recordkeeping system and maintain accurate payroll records.

Quotes: “When employers knowingly shortchange workers of their rightfully earned wages, such as overtime, they literally take money out of the pockets of their employees,” explained Wage and Hour District Director Timolin Mitchell in Detroit. “Luxe Bar & Grill’s practice of recording the hours and paying them off the books demonstrated they knew the law and chose to ignore it.”

“Employers should know that the department will use all available tools to ensure compliance with the FLSA,” added Regional Solicitor Christine Heri in Chicago. “When employers pay their workers less than the required wage, they will be held accountable—even if they try to hide it by making those payments off the record.” 

Background: Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from.

Learn more about compliance assistance for restaurant workers.

Download the agency’s new Timesheet App for iOS and Android devices – also available in Spanish – to ensure hours and pay are accurate. 

Julie A. Su, Acting Secretary of Labor, United States Department of Labor v. Old Woodward Ventures LLC, d/b/a Luxe Bar & Grill and Kara Bongiovanni

Civil Action No. 2:23-cv-11484

WASHINGTON – The Department of Labor today announced its Wage and Hour Division will offer contracting agencies, contractors, unions, workers and other stakeholders an opportunity to attend an online seminar on Aug. 29 on requirements for paying prevailing wages on federally funded construction and service contracts.

Part of the division’s continuing effort to increase awareness and improve compliance, the day-long seminar will offer sessions on the labor standards protections in the Davis-Bacon Act and the Service Contract Act – including how the department sets and administers prevailing wages – and other topics. 

“Prevailing wage laws empower workers by ensuring that federally funded construction and service jobs are good jobs with fair wages and benefits,” said Wage and Hour Administrator Jessica Looman. “The Biden-Harris administration’s historic investments in our nation’s infrastructure means a significant increase in the number of federal and federally funded projects, and the Wage and Hour Division is committed to ensuring stakeholders understand the labor standards protections critical to these investments.”

The seminar will be held online on Aug. 29, 2024, from 11 a.m. to 5:30 p.m. EDT. The seminar is free to attend but registration is required. Additional information and a link to the online seminar will be sent to registered participants. Sign up to receive event updates. 

Learn more about the requirements for federal contractors.

PHILADELPHIA – The U.S. Department of Labor has obtained a federal consent judgment requiring a Philadelphia-based home care services provider to pay 66 home health aides $129,697 in back wages and damages after investigations and litigation confirmed the employer willfully denied them overtime pay. 

The U.S. District Court for the Eastern District of Pennsylvania entered the judgment on July 10, 2024, and directed Blue Ridge Home Care Inc. to pay back wages and liquidated damages to the affected employees, who provide home care as assigned by the company’s Philadelphia and Dover, Delaware, locations. The court also required Blue Ridge to pay $49,434 in civil money penalties to the department for its violations.

Prior to the judgment, the employer paid $100,000 in back wages owed to the same workers. 

The department’s Office of the Solicitor in Philadelphia filed suit in December 2023. After several months of litigation, Blue Ridge agreed to a consent judgment requiring them to pay the remaining amount due as well as the civil money penalty. 

“Home care professionals deliver vital, quality-of-life services to some of our communities’ most vulnerable people; they deserve our respect and to be paid fully for their labor,” said Wage and Hour Division District Director James J. Cain in Philadelphia. “Our investigations found Blue Ridge Home Care Inc. denied overtime pay earned by dozens of aides they employed, and we’ve taken action to recover – on average – more than $3,400 in back wages and liquidated damages for each of the 66 affected workers.” 

The court’s action follows investigations by the department’s Wage and Hour Division and litigation by the Office of the Solicitor that confirmed Blue Ridge paid the affected employees straight-time wages for all hours worked, including for hours over 40 in a workweek, in violation of the Fair Labor Standards Act. Company President Tunji Ogunmola admitted he negotiated with employees to accept an extra $1 to $1.50 per hour in addition to their regular rates of pay to avoid paying overtime. 

“The U.S. Department of Labor will not hesitate to litigate against an employer in federal court to recover unpaid wages and liquidated damages they’re owed and to protect their rights and protections under the Fair Labor Standards Act,” said Regional Solicitor Samantha Thomas in Philadelphia. “The outcome in this case shows employers face costly consequences for violations of federal overtime pay requirements.”

Blue Ridge Home Care Inc. provides companion, homemaker, personal care and live-in home care services to clients in Philadelphia, Bucks, Montgomery, Chester and Delaware counties of Pennsylvania, and the state of Delaware.

In fiscal year 2023, the Wage and Hour Division recovered more than $31.7 million in back wages for workers in the healthcare industry nationwide. The Wage and Hour Division offers resources for health care workers and employers on its website. 

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from.

Download the agency’s new Timesheet App for iOS and Android devices – available in English and Spanish – to ensure hours and pay are accurate.

Date of action:                       May 24, 2024

Type of action:                      Consent judgment 

Employers:                            Cohen Brothers Realty Corp. 

                                                     CEO Charles Cohen

                                                    Chief Operating Officer Steven Cherniak

Address:                                 750 Lexington Ave., New York, NY                            

Allegations:                            Prompted by an investigation by the U.S. Department of Labor’s Wage and Hour Division, the department’s Office of the Solicitor filed suit against Cohen Brothers Realty Corp., a Manhattan real estate development and management company, and its CEO Charles Cohen and Chief Operating Officer Steven Cherniak. The department alleged the employers willfully failed to pay overtime wages to six salaried, non-exempt personal drivers for hours over 40 in a workweek and did not keep proper records of the employees’ work hours. These actions violated the Fair Labor Standards Act.

Resolution:                            The division has recovered $82,309 – $41,000 in back wages, an equal amount in liquidated damages and $309 in post-judgment interest – for the affected employees. The employers also paid $8,060 in civil money penalties and post-judgment interest to the department, due to the willful and repeated nature of their violations. In 2019, the division recovered $76,618 for six employees shortchanged by the company.

Court:                                     U.S. District Court for the Southern District of New York

Docket Number:                    1:24-cv-02000-VSB

Quote:                                    “The violations found here were willful and repeated with significant penalties.  However, such violations are preventable if employers know and follow the Fair Labor Standards Act’s pay, recordkeeping and other requirements,” said Wage and Hour Division District Director Jorge Alvarez in New York.

“The U.S. Department of Labor will not hesitate to pursue legal action to ensure that all employees are compensated as required by law,” said Regional Solicitor of Labor Jeffrey S. Rogoff in New York. “This case’s resolution shows employers that violating federal wage law can lead to legal action with costly consequences.”

Background:                          Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Workers can call the Wage and Hour Division confidentially with questions – regardless of immigration status – and the department can speak with callers in more than 200 languages through the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Download the agency’s Timesheet App for iOS and Android devices — also available in Spanish — to ensure hours and pay are accurate.

Employers:    Ware Landscaping, Naperville, Illinois

                             Michael Ware, owner

Action:           U.S. Department of Labor complaint and consent judgment filing

Court:             U.S. District Court for the Northern District of Illinois

Court action: The department has obtained a consent judgment in federal court requiring Ware Landscaping and its owner to pay $67,500 in back wages and an equal amount in liquidated damages for 77 employees, after an investigation by the department’s Wage and Hour Division found the employer violated the Fair Labor Standard Act’s overtime and minimum wage provisions. 

Investigators determined the Naperville landscaping and snow removal company and owner Michael Ware paid its landscaping employees a flat weekly salary, though they were not exempt from the minimum wage or overtime provisions of the FLSA. As a result, the employer did not pay employees one and one-half their hourly rate for hours over 40 in a workweek and failed to pay at least one employee less than minimum wage for all hours worked. 

Quote: “Since 1938, federal law has required overtime wages be paid for over 40 hours worked in a workweek. Employers are responsible for knowing and complying with federal wage laws,” said Wage and Hour District Director Tom Gauza in Chicago. “Workers and employers with questions on wage laws should contact the department for compliance assistance.”

“The U.S. Department of Labor will continue to take legal action to protect workers’ rights to their earned wages and hold employers accountable for violating the law,” said Regional Solicitor of Labor Christine Heri in Chicago.

Background: Learn more about the Wage and Hour Division, a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from.

Download the agency’s new Timesheet App for iOS and Android devices – also available in Spanish –to ensure hours and pay are accurate.

United States Department of Labor v. Ware Landscaping 

Civil Action No. 1:24-cv-02293

Employer:      

West Virginia Office of Miners’ Health, Safety and Training, 7 Players Club Drive, Suite 2, Charleston, WV  25311

Investigation findings: Investigators with the U.S. Department of Labor’s Wage and Hour Division found the state agency failed to pay inspectors who worked overtime without pre-approval. The agency paid inspectors for a set amount of scheduled hours only and instructed them not to submit more than 40 hours per week on their timesheet, in violation of the Fair Labor Standards Act.

Back Wages Recovered:       $57,396

Quote: “All employers, public and private sector, are legally required to pay their employees the proper wages for all hours worked,” explained Wage and Hour Division District Director John DuMont in Pittsburgh, Pennsylvania. “Employers unsure of their obligations should contact the Wage and Hour Division to avoid compliance concerns and potential violations.” 

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the division’s toll-free helpline at 866-4US-WAGE (487-9243). Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division

STANDISH, MI – The U.S. Department of Labor has obtained a court order requiring T.J. Schmidt & Co. LLC, a Standish carnival operator, to pay $72,254 in back wages to 32 temporary nonimmigrant workers the employer hired to run midway games, staff food stands, and build and operate rides but then paid them less than the wages promised and did not fully reimburse all workers for travel to the U.S. as required.

On Aug. 1, 2024, department’s Office of Administrative Law Judges entered a consent decree in which the company agreed to pay the back wages and $13,746 in civil money penalties for violating federal regulations. The action follows an investigation by the department’s Wage and Hour Division that examined the company’s records from April 1 through Oct. 12, 2021, and found that the employer violated some of the terms outlined in its federal H-2B temporary visa program application. 

“Employers seeking the Department of Labor’s permission to hire temporary visa workers must declare the types of workers’ tasks, pay rates and other compensation, and provide or reimburse these employees for their transportation to and from their home country and job site,” explained Wage and Hour District Director Timolin Mitchell in Detroit. “Let this case send a clear message to other employers who mistakenly believe they won’t be held accountable for ignoring their responsibilities in employing workers with temporary visa applications.”

In addition to paying back wages and penalties, the judge ordered the employer to use an approved timekeeping system, post prevailing wage information and provide non-immigrant workers with H-2B resource materials. The H-2B program allows employers to hire nonimmigrants to perform temporary nonagricultural jobs to meet seasonal, peak load or intermittent needs.

“The Department of Labor will pursue litigation vigorously against employers who violate the H-2B program’s requirements. We will work hard to make sure the rights of workers and their wages and benefits are legally protected,” explained Regional Solicitor Christine Heri in Chicago. “Employers who disregard their obligations under this voluntary program – harming workers and putting law-abiding employers at an economic disadvantage – will be held accountable.”

Founded in 2008, T.J. Schmidt & Co. LLC is a family owned and operated carnival operator. The company provides shows, rides, games, specialty foods and customer amenities to create traveling theme park experiences in Michigan.

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from. The department can speak with callers in more than 200 languages.

Download the agency’s new Timesheet App for free on iOS and Android devices in English or Spanish to ensure hours and pay are accurate.

# # #

U.S. Department of Labor V. T.J. Schmidt & Co. LLC

OALJ Case No. 2023-TNE-00007

PAYETTE, ID – The U.S. Department of Labor recovered $268,417 in back wages and liquidated damages for 76 workers after finding the employer housed them in substandard conditions and wrongly exempted many of them from overtime in violation of federal regulations. 

An investigation by the department’s Wage and Hour Division found Ontario Partners LLC had temporary H-2A agricultural workers processing onions from a farm not on their program application and did not pay the workers time-and-one-half rates for hours over 40 in a workweek. The Fair Labor Standards Act only allows employers to use its overtime exemption for employees who only process the employer’s own product.

 Additionally, investigators found the Payette company violated H-2A requirements by doing the following:

• Paying H-2A workers more than two U.S. workers.
• Failing to reimburse workers for transportation costs.
• Providing unsafe transportation to and from the work site.
• Housing workers in unsafe conditions with overflowing trash, mold and non-working smoke detectors.

The division assessed $44,152 in civil money penalties for willful violations of the FLSA, as well as various violations of federal regulations under the H-2A and H-2B visa programs. 

“Farmworkers provide essential labor that helps feed millions of Americans and have rights we will vigorously protect, regardless of the country they call home,” said Wage and Hour Division District Director Katherine Walum in Portland, Oregon. “Agricultural employers who benefit from the H-2A program must provide safe transportation, pay the wages they promised and the costs of transportation to and from the U.S., and provide clean and safe housing.”

Owned and operated by Partner’s Produce, Ontario Partners LLC is a full-service onion packer and processor in Payette.

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from. The division can speak with callers in more than 200 languages.

Download the agency’s new Timesheet App for free on iOS and Android devices in English or Spanish to ensure hours and pay are accurate.

This news release is also available in Spanish.