SACRAMENTO, CA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Delano, California-based blueberry grower Munger Bros. LLC and two related companies will pay $2.5 million in back wages to approximately 3,000 workers to resolve violations of the H-2A visa program and the Migrant and Seasonal Worker Protection Act (MSPA).

Munger Bros. and the two related companies will also pay $1 million in civil money penalties due to the seriousness of the violations found during the 2017 blueberry harvest season in California and Washington.

Under the consent judgment entered in the U.S. District Court for the Eastern District of California, Munger Bros. and the two related companies, which are under the grower’s control, are enjoined for three years from participating in the H-2A program and from using the services of H-2A labor contractors. When they use the services of an H-2A labor contractor, they must continue to recruit, contact and re-hire any U.S. workers.

The judgment further requires that when Munger Bros. and related companies use the H-2A program they must first contact any area farm labor contractors to meet their labor needs, purchase radio advertisements to announce available jobs, only hire transportation authorized farm labor contractors, and implement an enhanced compliance monitoring program of their labor contractors.

WHD investigators found Munger Bros., Crowne Cold Storage LLC, and Sarbanand Farms LLC violated the H-2A program by unlawfully giving preferential hiring treatment to temporary foreign agricultural workers; and for failing to recruit, contact and re-hire U.S. workers, including those previously hired through farm labor contractors. The investigation also revealed the grower failed to provide safe housing to the H-2A workers, pay workers the required rates of pay, including for time spent traveling and waiting for transportation to and from  job sites, and provide safe transportation to H-2A workers.

Investigators found the employers also used farm labor contractors to provide transportation services without being authorized, failed to provide workers with all the terms and conditions of employment, and failed to keep accurate records of actual hours worked each day for all employees.

“The U.S. Department of Labor will use all available legal tools to ensure employers comply with their obligations under our agricultural labor visa programs,” said Solicitor of Labor Kate S. O’Scannlain.

“This case demonstrates our commitment to safeguard American jobs, level the playing field for law-abiding employers and protect workers from being paid less than they are legally owed,” said  Cheryl M. Stanton, Wage and Hour Administrator. “The Wage and Hour Division is always available to assist employers in understanding their responsibilities under federal laws.”

Munger Bros. is one of America’s biggest blueberry producers.

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, electronic toolkits, or in-person visits with local WHD staff.

For more information about the H-2A and MSPA visa programs, and other laws enforced by the Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/whd, including a search tool for workers who may be owed back wages collected by 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 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.

MIAMI, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Global Elevators Sales and Service Inc. – an elevator installation and maintenance contractor based in Hialeah, Florida – has paid $115,839 in back wages to four employees for violating requirements of the Fair Labor Standards Act (FLSA) and the Davis-Bacon and Related Acts (DBRA).

WHD found that Global Elevators Sales and Service Inc. violated the Davis-Bacon Act after it incorrectly classified two employees as laborers instead of elevator mechanics. As a result, the employer paid the two workers prevailing wage rates lower than those required by law, and failed to pay them required fringe benefits. In addition, Global Elevators failed to record and pay for time employees worked before and after their scheduled shifts. This unpaid time spent loading and unloading trucks, and traveling to and from worksites resulted in overtime violations under the FLSA.

“Contractors and subcontractors must accurately classify employees for the jobs they actually perform,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “The Wage and Hour Division will continue working to level the playing field for employers that play by the rules and to ensure workers receive the wages they have legally earned. We encourage all employers to reach out to us and to use the variety of tools we offer to ensure their pay practices comply with federal law.”

Global Elevators Sales and Service Inc. performed work as a subcontractor on a contract that Miami-Dade County Public Housing and Community Development awarded to Fortune Urban Construction LLC. The DBRA-covered contract called for work at the Martin Fine Villa construction project in Miami.

The DBRA requires contractors and subcontractors performing work on federal and certain federally funded projects to pay workers prevailing wage rates and fringe benefits as determined by the U.S. Secretary of Labor and as included in their contracts.

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, confidential calls, or in-person visits to local WHD offices.

For more information about the FLSA, DBRA and other laws enforced by the WHD, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://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 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.

CENTER, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), JML Management Inc. – a construction company based in Center, Texas – has paid $141,141 in back wages to 21 employees for violations of the Fair Labor Standards Act (FLSA) overtime requirements.

WHD investigators found that the employer paid a day rate, typically $175 to $225 per day plus $25 per day in per diem, without regard to the number of hours employees worked. This practice resulted in overtime violations when they worked more than 40 hours in a workweek but the employer did not pay them overtime. WHD also cited the employer for recordkeeping violations.

“Employees must be paid the wages they have legally earned, including overtime when they work long hours for their employers,” said Wage and Hour Division District Director Robin Mallett in Houston, Texas. “The Wage and Hour Division engages in robust educational, outreach and compliance assistance efforts to ensure that employers understand their legal responsibilities. We encourage employers to take advantage of our many tools to help them be in compliance with labor laws.”

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, electronic toolkits, and in-person visits to local WHD staff.

Employers who 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 laws enforced by the Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at, www.dol.gov/whd including a search tool for workers who may be owed back wages collected by 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 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.

WEST PALM BEACH, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Absolute Plumbing LLC – a residential and commercial plumbing company based in West Palm Beach, Florida – has paid $145,297 in back wages and liquidated damages to 46 employees for violating the overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD found Absolute Plumbing LLC paid workers their straight-time hourly rates without regard to the number of hours they worked. This practice resulted in violations when employees worked more than 40 hours in a workweek, but the employer did not pay overtime. Additional violations occurred when the employer automatically deducted a 30-minute meal break from employees’ work time, regardless of whether their schedules allowed them actually to take those breaks. This practice resulted in violations when employees worked through their breaks, but remained unpaid for that time. In addition, Absolute Plumbing LLC failed to maintain an accurate record of actual number of hours worked by its employees.

“Employers have an obligation to pay their employees for all the hours that they work. This includes paying employees for time spent driving between job sites, and for time when they work through their meal breaks,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “The U.S. Department of Labor is committed to ensuring that businesses that violate labor laws do not gain an unfair advantage over those that play by the rules. We encourage employers and employees to familiarize themselves with their obligations and rights under the 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, confidential calls, or in-person visits 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/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 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.

HOUSTON, TX – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Mylanwings Enterprises LLC – operator of a Wing Stop franchise in Houston, Texas – has paid $31,888 in back wages and an equal amount in liquidated damages to four employees and $1,540 in civil money penalties for willful violations of the Fair Labor Standards Act's (FLSA) overtime and minimum wage requirements.

WHD investigators found that the employer paid one employee a flat rate of $500 for more than 93 hours of work over a three-week period, resulting in a rate of pay below the required $7.25 per hour. The employer also failed to combine the hours individual employees worked at two of the restaurant's locations during the same workweek when determining whether overtime was due. Instead, the employer paid these employees with two separate checks under two different names, all at straight time, regardless of the total number of hours worked. This practice resulted in overtime violations when employees had worked more than 40 hours total. WHD also cited the employer for recordkeeping violations.

"Pay practices that willfully and repeatedly violate the minimum wage and overtime requirements of the law will not be tolerated," said Wage and Hour Division District Director Robin Mallett in Houston, Texas. "This employer has been found in violation in previous investigations. The U.S. Department of Labor will use every tool available to enforce the 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, electronic toolkits, and in-person visits to local WHD staff.

Employers who 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 laws enforced by the Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/whd including a search tool for workers who may be owed back wages collected by 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 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.

SALINAS, CA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Empire Farm Labor Contractor – based in Salinas, California – has paid $38,260 in back wages to 79 employees for multiple violations found under the H-2A temporary agricultural worker visa program and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The contractor also paid $18,413 in civil money penalties for the violations found in Imperial County, California, that occurred from December 2018 to May 2019.

WHD investigators found Empire Farm Labor Contractor rejected a qualified U.S. worker who applied for a job, in violation of the H-2A requirements. The employer also failed to pay H-2A workers' transportation expenses for travel from their home countries, and retained H-2A workers' passports and visas. Empire violated MSPA requirements by transporting farm workers without the appropriate licensing.

"Farm labor contractors and all agricultural employers seeking H-2A workers must abide by all of the program's requirements," said Wage and Hour District Director Rodolfo Cortez in San Diego, California. "Our work in this area safeguards American jobs while protecting the wages and safety of all agricultural workers. We encourage H-2A employers to attend our educational outreach events to learn about their responsibilities and to allow us to answer directly any questions they may have."

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, electronic toolkits, or in-person visits with local WHD staff.

For more information about the H-2A visa program, the MSPA, and other laws enforced by the Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/whd, including a search tool for workers who may be owed back wages collected by 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 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.

PHOENIX, AZ – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Diamond Kitchen & Bath Inc. – based in Phoenix, Arizona – will pay $15,000 in civil penalties and an additional $15,000 in lost wages for violating federal law by requesting one of its employees to submit to a polygraph test.

WHD investigators found that Diamond Kitchen & Bath Inc.'s request for the employee to submit to the test failed to meet specific requirements under the Employee Polygraph Protection Act (EPPA) that would have allowed it.  The employer instructed the employee to submit to a polygraph test after a client reported the employee appeared to be under the influence of marijuana when he arrived to work at their residence. The employer later unlawfully terminated the employee after he failed to show up for the test. Federal law would have allowed the employer to require the employee to submit to a drug test, but not a polygraph.

"The U.S. Department of Labor provides many tools to help employers comply with the law and understand how to avoid costly violations like those in this case," said Wage and Hour Division District Director Eric Murray, in Phoenix, Arizona. "We encourage employers and employees with questions about any of their workplace rights or responsibilities to call us to speak confidentially with a trained Wage and Hour Division professional."

Enacted in 1988, the EPPA generally prohibits employers from requiring or requesting any employees or job applicants to take a lie detector test, and from discharging, disciplining or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the act. An employer may ask an employee to take a polygraph test only when there is a reasonable suspicion that the worker was involved in misconduct that resulted in economic harm to the employer.

For more information about the EPPA and other laws enforced by the Wage and Hour Division, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by 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 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.

BOYNTON BEACH, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Restoration Management 2013 Inc. – operating as ServPro in Boynton Beach, Florida – has paid $201,508 in back wages to 141 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found the restoration and remediation company violated FLSA overtime requirements when the employer paid employees straight-time rates, in cash, for all the hours that they worked. This practice resulted in violations when employees worked more than 40 hours in a workweek, but the employer failed to pay overtime. Additional violations occurred when the employer automatically deducted time from some employees’ timecards for meal breaks, even when they worked through their breaks. The employer also failed to maintain accurate payroll records and failed to display an FLSA poster, both violations of FLSA recordkeeping requirements.

“Employers are required to pay their employees the wages they have legally earned for all the hours that they work,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “Our work continues to ensure that employees are paid as the law requires, and that employers compete on a level playing field. We encourage all employers to review their pay practices and their legal obligations and to contact the Wage and Hour Division for compliance assistance.”

The Wage and Hour Division encourages employees who may be owed back pay and worked for ServPro from March 2017 to February 2019, to contact the Division’s Miami District Office at 305-598-6607.

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, confidential calls, or in-person visits to local WHD offices.

For more information about the FLSA and other laws enforced by the WHD, 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/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 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.

FLORENCE, KY – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Pet Wellness Group PLLC – a veterinary medical clinic based in Florence, Kentucky – has paid $7,794 in back wages and liquidated damages to an employee for violating the nursing mothers’ provision of the Fair Labor Standards Act (FLSA).

WHD found Pet Wellness Group PLLC refused to allow an employee to take reasonable breaks to express breast milk for her newborn child. The FLSA provision states that employers must provide a reasonable break time to allow employees to express breast milk for a nursing child for up to one year after the child’s birth. In addition, employers must provide a location, other than a bathroom, shielded from view and free from intrusion from coworkers and the public for that purpose.

“The Wage and Hour Division enforces the Fair Labor Standards Act’s provision that protects a nursing mother’s right to express breast milk for her newborn children,” said Wage and Hour Division District Director Karen Garnett-Civils, in Louisville, Kentucky. “The law recognizes the unique needs of working mothers with newborn children and makes clear the accommodations that employers must make. Other employers should use the outcome of this investigation as an opportunity to review their own practices to ensure that they comply with the 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, confidential calls, or in-person visits 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/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 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.

SWEDESBORO, NJ – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), a U.S. Department of Labor administrative law judge (ALJ) has ordered Sun Valley Orchards, LLC – a farm in Swedesboro, New Jersey – to pay $344,945 in back wages and $211,800 in civil money penalties. Sun Valley Orchards, LLC will pay the back wages to 147 farmworkers, including 96 temporary foreign workers on H-2A visas.

Specifically, the ALJ found that the employer violated the H-2A provisions of the Immigration and Nationality Act when they:

• Failed to provide workers with sanitary housing, and transported workers from their housing to the fields each day using unlicensed drivers and unsafe vehicles;
• Terminated more than 20 workers without cause, in the middle of the growing season. The employer then attempted to coerce those workers to waive their right to employment for the time commitment required by the H-2A regulations by directing them to sign false statements; and
• Denied workers access to the company's kitchen to cook their own food, and instead charged workers for meals and drinks, at a profit, resulting in illegal deductions from workers' wages.

"Sun Valley Orchards failed to honor its legal obligations and took advantage of these employees," said Wage and Hour District Director Charlene Rachor, in Lawrenceville, New Jersey. "The Wage and Hour Division offers employers a wide range of tools to help them understand their responsibilities, and provides direct support in person, by phone, and online for anyone that has specific questions about how to comply."

"The outcome of this case goes a long way in making these employees whole, and puts other employers in the industry on notice that they must abide by their obligations under the H-2A program," said Regional Solicitor of Labor Jeffrey S. Rogoff, in New York.

The WHD's Southern New Jersey District Office investigated the case, and Jason Glick and Jacob Heyman-Kantor of the Department's Regional Solicitor's Office litigated it.

The Immigration and Nationality Act authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. H-2A employers must provide housing at no cost to H-2A workers and to workers in corresponding employment who are not reasonably able to return to their residence within the same day. If the employer elects to secure rental (public) accommodations for such workers, the employer is required to pay all housing-related charges directly to the housing's management. In addition, employers are required to either provide each covered worker with three meals per day at no more than a Department-specified cost, or to furnish free and convenient cooking and kitchen facilities where workers can prepare their own meals. Employer-provided or secured housing must meet all applicable safety standards. For more information about the laws enforced by the WHD, call the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd.

The mission of WHD 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 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.