TAMPA, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Brewland Development LLC – a Tampa, Florida, restaurant – has paid $70,575 in back wages to 36 employees to resolve minimum wage and overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found Brewland Development LLC – operating as Tampa Bay Brewing Co. – violated the FLSA when the employer illegally included managers in the restaurant’s tip sharing arrangement. By doing so, the employer was ineligible to take credit for servers’ tips toward employees’ wages and required to make retroactive payment of the full federal minimum wage to those workers. Brewland Development also incorrectly classified one manager as exempt from overtime, when the worker did not meet the legal requirements for an exemption. By doing so, the employer failed to pay overtime when the employee worked more than 40 hours in a workweek.

“The Fair Labor Standards Act permits the employers of certain tipped employees to use those tips as a credit towards the employee’s wages. Employers may use this “tip credit” only if they meet all the legal requirements,” said Wage and Hour Division District Director Nicolas Ratmiroff, in Tampa, Florida. “Our goal is to ensure that employers have all the information they need to understand their responsibilities and comply with the law. We encourage employers or workers with questions to call our offices and speak confidentially with a trained wage and hour professional.”

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

LAKELAND, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Universal Painting Corp. – a painting company based in Lakeland, Florida – has paid $55,439 in back wages to 71 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found Universal Painting Corp. failed to pay employees for all the hours that they worked. Rather than recording the hours workers spent traveling between job sites, the employer instead paid flat rates for this time and failed to count those hours when determining when overtime was due. This practice led to violations when employees worked more than 40 hours in a week, but excluding their travel time from the total resulted in the employer failing to recognize and pay overtime. Universal’s failure to record the number of hours employees worked accurately also resulted in a recordkeeping violation under the FLSA.

“Employers must ensure they accurately track and pay for all the hours employees work,” said Wage and Hour Division District Director Nicolas Ratmiroff, in Tampa, Florida. “The outcome of this investigation serves as a reminder to all employers to review their pay practices to confirm that workers are being paid as the law prescribes and that we will continue to work to level the playing field for employers who play by the rules.”

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

ZACHARY, LA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), A&B Concrete Coring Inc. – doing business as A&B Concrete Coring Co. – has paid $33,492 in back wages to six employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found A&B Concrete Coring Co., a concrete construction and demolition company, illegally reduced the number of work hours recorded on employee timesheets by one hour per day. By doing so, the employer failed to pay shop employees for all of the hours they had worked, triggering overtime violations in workweeks greater than 40 hours. The inaccurate nature of the time records, which also included the employer’s failure to record break times accurately, violated FLSA recordkeeping requirements. The violations occurred at the employer’s Zachary, Louisiana, headquarters.

“Employers must pay employees for every hour that they work,” said Wage and Hour Division District Director Troy Mouton in New Orleans. “Companies must ensure their timekeeping systems are accurate. Failing to record work hours accurately often leads to minimum wage or overtime violations that employers could avoid. Employers who have questions should contact their nearest Wage and Hour Division office to learn more about these requirements.”

If you think you may be owed back wages you can visit the Workers Owed Wages page to search WHD’s database of wages waiting to be claimed from previous investigations.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today released its “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption” Final Rule, which will be published in an upcoming edition of the Federal Register. This rule will encourage the full and equal participation of religious organizations as federal contractors. Religious organizations, many of them small nonprofits, provide such essential services as feeding the hungry, supporting refugees, and educating our nation’s students.

Executive Order 11246, which OFCCP enforces, generally requires federal contractors to abide by nondiscrimination and affirmative action requirements. Yet the order also acknowledges that religious organizations may prefer in employment “individuals of a particular religion,” so that they can maintain their religious identity and integrity. This accommodation is patterned after a nearly identical provision that has been part of the Civil Rights Act for over a half-century. The rule provides clearer interpretation of the parameters of the religious exemption by adding definitions of key terms. It adds a rule of construction to provide the maximum legal protection of religious exercise permitted by the Constitution and law, including the Religious Freedom Restoration Act. The rule also adds several examples within the definition of “religious corporation, association, educational institution, or society” to better illustrate which organizations may qualify for the religious exemption.

“Religious organizations should not have to fear that acceptance of a federal contract or subcontract will require them to abandon their religious character or identity,” said U.S. Secretary of Labor Eugene Scalia. “This rule gives full effect to Executive Order 11246’s protection of religious organizations.”

“OFCCP is committed to protecting religious liberty, while ensuring vigorous enforcement of the anti-discrimination laws the agency administers,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “This rule will help ensure that religious organizations can fully participate in federal procurement consistent with the First Amendment and other applicable federal laws.”

The final rule is a deregulatory action under Executive Order 13771 as it reduces confusion regarding the Executive Order 11246 religious exemption. The Department estimates that the rule will yield unquantifiable net cost savings overall. The rule does not change the vast majority of federal contractors’ responsibilities to comply with their equal employment opportunity and affirmative action obligations under Executive Order 11246. The Department expects that the large majority of federal contractors do not and will not seek to qualify for the religious exemption. 

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

SAN FRANCISCO, CA – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and AT&T Services Inc. entered into an agreement that requires AT&T to pay $173,000 and provide other non-monetary relief to address pay disparities between male and female employees in California and Nevada. While not admitting liability in the investigation, AT&T has agreed to an early resolution conciliation agreement and to enhance future compliance proactively.

During a routine compliance review, OFCCP found that, as of Feb. 1, 2019, AT&T paid 27 female employees who worked in manager network services positions less than their male counterparts. OFCCP contends that these disparities violated Executive Order 11246, which prohibits federal contractors from sex-based employment discrimination.

“The Office of Federal Contract Compliance Programs’ Early Resolution Procedures are designed to enable federal contractors and the Department to work together to address and resolve issues efficiently,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “The cooperative resolution with AT&T is an exemplar of the continued success of OFCCP’s Early Resolution Procedures.”

“We acknowledge AT&T’s willingness to quickly address the issues identified by the Office of Federal Contract Compliance Programs through the Early Resolution Procedures, and for taking proactive efforts that will have a positive impact on the company’s workforce,” said Office of Federal Contract Compliance Programs Regional Director for the Pacific Region Jane Suhr, in San Francisco, California.

In addition to paying back wages and making salary adjustments, AT&T agreed to take proactive steps to ensure its compensation practices do not discriminate based on sex, race or ethnicity, disability or protected veteran status. AT&T agreed to conduct annual compensation analyses across its entire Technical Field Services-West workforce, making salary adjustments as necessary.

AT&T will also train, on an annual basis, human resources professionals and others responsible for compensation about their affirmative action obligations, pay transparency regulations, and the need to guard against implicit bias and stereotypes. AT&T will submit reports to OFCCP on these activities for the next three years.

In 2018, OFCCP launched an effort to resolve supply and service compliance evaluations at the earliest stage possible with corporate-wide compliance, and issued a directive establishing Early Resolution Procedures. These procedures allow OFCCP and contractors with multiple establishments to cooperatively implement corporate-wide compliance with OFCCP’s regulatory requirements and efficiently resolve issues. This early resolution conciliation agreement with AT&T resulted from the Early Resolution Procedures directive.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

ALBUQUERQUE, NM – Investigations by the U.S. Department of Labor’s Wage and Hour Division (WHD) at five peanut industry employers in Texas and New Mexico resulted in the recovery of $172,264 in back wages for 127 employees to remedy violations of the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD found overtime violations resulting from employers improperly rounding down the number of hours employees worked; paying straight time rates for hours beyond 40 in a workweek to overtime-eligible workers; incorrectly classifying employees as exempt from overtime and consequently failing to pay them overtime; and failing to count short rest breaks as work time, resulting in the employer failing to pay employees for all of the hours that they worked. Additionally, some of the employers failed to maintain accurate timekeeping records as required under the FLSA.

“Employers in all industries, including agriculture, must understand and comply with the Fair Labor Standards Act, and must pay their workers all the wages they have legally earned,” said Wage and Hour District Director Evelyn Sanchez in Albuquerque, New Mexico. “Our work ensures workers receive those wages, leveling the playing field for employers who play by the rules. We encourage workers and employers alike to use the tools we offer to educate themselves about their rights and responsibilities, and to contact us with questions.”

The following employers were included in the investigations:

• Algrano Peanut Shelling LLC locations in Portales, New Mexico, and Bledsoe, Texas;
• All Good Peanut Co. Inc. in Seminole, Texas;
• Birdsong Corp. in Brownfield, Texas; 
• Severn Peanut Co. Inc. in. Portales, New Mexico; and
• Trico Peanut LLC in Seagraves, Texas.                                                                         

If you think you may be owed back wages you can visit the Workers Owed Wages page to search WHD’s database of wages collected by the agency and waiting to be claimed.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

BALTIMORE, MD – In a consent judgment filed in the U.S. District Court for the Eastern District of Virginia, a full-service family restaurant with establishments in the District of Columbia and Virginia will pay $848,006 in back wages and liquidated damages to 209 employees for Fair Labor Standards Act (FLSA) violations.

The court’s action follows an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) that determined Mejia Corp. – doing business as El Tio Tex-Mex Grill – violated the overtime and minimum wage requirements of the FLSA.

WHD investigators determined that the company failed to pay some of its tipped employees – primarily bussers and food runners – minimum wage or overtime as the law requires. When tipped employees worked beyond 80 hours in a pay period, the employer paid them no wages, leaving those workers to receive only their tips for those hours. Additionally, El Tio Tex-Mex Grill failed to pay kitchen staff overtime when they worked more than 40 hours in a workweek. Instead, the employer paid those workers at straight-time rates, for those hours. Payroll records reflected falsified rates attempting to create the appearance that the employer had paid overtime. The investigation found violations at El Tio Tex-Mex Grill restaurants in Washington, D.C. and in Gainesville, Falls Church, McLean and Great Falls, Virginia.

“This employer failed to pay workers the wages they had legally earned, and then attempted to conceal that violation,” said Wage and Hour District Director Nicholas Fiorello, in Baltimore, Maryland. “Other employers in this industry should use the resolution of this case as an opportunity to review their own pay practices to ensure they comply with the law and avoid such violations. Workers who face similar circumstances or anyone with questions should call us to speak confidentially with a trained wage and hour professional.”

In addition to paying the back wages and damages, the judgment prohibits El Tio Tex-Mex Grill from future violations of any FLSA provisions.

“This consent judgment will help to ensure that these employees are paid the wages they have rightfully earned, and that employers in the restaurant industry operate on a level playing field,” said Philadelphia Regional Solicitor Oscar L. Hampton III.

WHD is committed to providing employers with the tools they need to assist them in fulfilling their obligation to understand and comply with the variety of laws the Division enforces. Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program.

For more information about the FLSA and other federal wage laws, call the Division’s toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd.

WHD's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

ORION TWP., MI – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Carrie Lee’s Orion Restaurant – based in Orion Township, Michigan – has paid $37,177 in overtime back wages to six kitchen staff employees.

Investigators found the employer violated the Fair Labor Standards Act (FLSA) by paying kitchen employees flat monthly salaries – partially on payroll and partially in cash – regardless of the number of hours that they worked. By doing so, the employer failed to pay overtime when employees worked more than 40 hours in a workweek. Investigators also found Carrie Lee's Orion failed to maintain a record of the number of hours employees worked, or of payments made to employees in cash.

“Employers must accurately pay employees for all the hours that they work, pay overtime for hours over 40 in a workweek to eligible employees and maintain records as required by the law,” said Wage and Hour Division District Director Timolin Mitchell in Detroit. “Other employers should use the results of this investigation as an opportunity to review their own pay practices to ensure they comply with the law. We encourage all employers to contact the Wage and Hour Division to fully understand their responsibilities and avoid similar violations.”

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos or confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

# # #

OMAHA, NE – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), United Holdings Group LLC – operating as Pitch Pizzeria and based in Omaha, Nebraska – has paid 55 employees a total of $93,304 in back wages to resolve violations of the overtime requirements of the Fair Labor Standards Act (FLSA). The employer also paid a penalty of $2,049 for violating the child labor provisions of the FLSA.

The WHD investigation found violations at Pitch Pizzeria locations in Omaha, Nebraska, and Scottsdale, Arizona. Specifically, the company violated overtime requirements by failing to include employee bonuses in the calculation when determining workers’ overtime rates. Basing overtime on hourly rates alone and excluding bonuses resulted in the employer paying overtime at rates lower than those required by law. Additionally, Pitch Pizzeria failed to combine hours that employees worked across multiple locations in the same workweek when determining whether overtime was due. By doing so, the employer failed to pay overtime when workers’ combined hours totaled more than 40 in a workweek. The employer also violated overtime requirements for tipped workers when they based overtime rates on the employees’ direct cash wages, rather than on the full minimum wage.

Additionally, the company violated child labor requirements by employing 15-year-olds to work past 7 p.m. and more than three hours on school days, and violated FLSA recordkeeping requirements when it failed to maintain records of all the hours employees worked.

“The Wage and Hour Division works to ensure compliance with federal labor laws so that every employer is competing on a level playing field and every employee receives the wages they have legally earned. The Department takes the enforcement of child labor laws seriously and reminds employers of the importance of understanding and complying with those requirements,” said Wage and Hour District Director Marcy Boldman, in Des Moines, Iowa. “We encourage all employers to reach out to us and to use the wide variety of tools we offer to understand their responsibilities and ensure that their labor practices comply with federal law.”

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

# # #

LABELLE, FL – The U.S. Department of Labor’s Wage and Hour Division (WHD) has debarred Flo-Ag LLC – a farm labor contracting company based in Labelle, Florida – and its principals Jose Flores and Juan Flores from applying for certification to request temporary foreign workers under the H-2A agricultural worker visa program for two years.

WHD also assessed Flo-Ag LLC, Jose Flores and Juan Flores a $17,939 civil penalty for violating the labor provisions of the H-2A visa program and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and found that the employer owed $45,212 in back wages to 113 employees.

WHD investigators found Flo-Ag and H-2A labor contractors Juan and Jose Flores violated wage requirements when they paid lower wages to U.S. workers than they paid to guest workers performing the same work. They violated housing requirements when they failed to provide free housing to U.S. workers but did so for guest workers, and failed to provide meals or kitchen facilities to U.S. workers. Flo-Ag also violated safety and health standards in the housing it provided to guest workers, and failed to reimburse them for expenses they incurred traveling to the facility from their home countries, as the law requires.

WHD also found Flo-Ag paid some U.S. workers in cash and did not provide a pay stub, failed to provide a work contract to some employees, and housed migrant workers without the proper authorization.

“Employers must ensure that they comply with all requirements while participating in the H-2A visa program. Employers or their contractors that violate the H-2A visa program’s provisions gain unfair advantage over other H-2A employers, hurt U.S. workers and put guest workers at risk,” said Wage and Hour Division District Director Wildalí De Jesús, in Orlando, Florida. “The Wage and Hour Division provides many tools and educational opportunities to help agricultural employers understand their responsibilities, including those that apply when they use guest worker programs. We remain committed to protecting essential farmworkers, holding accountable employers who violate the law, and maintaining a level playing field for employers.”

Flo-Ag has paid the back wages. The employer provided H-2A workers to harvest blueberries, watermelons, bell peppers and cucumbers at Smith Farms of Bell Inc. in Trenton, Florida, and Wood Farms Inc. in Rochelle, Georgia.

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos and confidential calls to local WHD offices.

For more information about the MSPA, H-2A visa program and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.