WASHINGTON, DC - To ensure compliance with federal wage laws, the U.S. Department of Labor's Wage and Hour Division (WHD) is conducting a nationwide initiative to strengthen compliance with the labor provisions of the H-2B temporary visa program in the landscaping industry. The initiative includes providing compliance assistance tools and information to employers and stakeholders, as well as conducting investigations of employers using this program.

"The H-2B visa program includes specific requirements employers must follow to participate," said Bryan Jarrett, Wage and Hour Division Acting Administrator. "This initiative demonstrates our commitment to educate employers about those rules and enforce them to safeguard American jobs, protect guest workers, and level the playing field for law-abiding employers."

Last year, WHD investigations found more than $105 million in back wages for more than 97,000 workers in industries with a high prevalence of H-2B workers, including the landscaping industry. A key component of the investigations is ensuring that employers recruit U.S. workers before applying for permission to employ temporary nonimmigrant workers.

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrant workers from outside the United States to perform nonagricultural labor or services in the United States. The employment must be temporary in nature, such as a one-time occurrence, seasonal need, or intermittent need. The landscaping industry employs more H-2B workers than any other industry.

Before employers can be approved to request guest workers under the H-2B program, they must file an application with the Department stating that:

• An insufficient number of U.S. employees are qualified and available to work; and
• The employment of non-immigrant, temporary workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

For more information about the labor provisions of the H-2B program and other laws that WHD enforces, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/whd.

SAN DIEGO, CA – Two San Diego-area massage parlor companies – Yuanjun International Inc. and Rama Thai Massage – will pay 17 employees a collective $61,317 after U.S. Department of Labor Wage and Hour Division (WHD) investigations found violations of the Fair Labor Standards Act (FLSA).

Yuanjun International Inc. – doing business as Massage Eden – erroneously classified its employees as independent contractors, failed to pay the minimum wage for all hours worked, failed to pay overtime, and failed to keep accurate payroll records at three facilities in San Diego County. The company will pay 13 employees a total of $46,555 in back wages.

Separately, FLSA violations were found at two Rama Thai Massage facilities in San Diego and La Jolla. Four employees of Rama Thai Massage will receive a total of $14,762 in back wages.

"The U.S. Department of Labor is committed to ensuring employees receive all wages they have rightfully earned, and encourages all employers to review their pay practices to make certain all employees are classified and paid correctly," said WHD District Director Rodolfo Cortez in San Diego. "We urge all employers to make use of the many tools the Department provides to help them understand and comply with the law, and to call us for assistance"

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). 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 www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.

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Editor's Note: This news release corrects the number of employees owed back wages and a description of the masssage parlors.

SUMMIT, MS – Kased Brothers Halal Meat Inc. – a slaughterhouse based in Summit, Mississippi – paid $14,768 in back wages to 12 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found the company violated minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The company was assessed and paid a civil penalty of $8,368 for child labor violations.

WHD determined Kased Brothers Halal Meat Inc. inaccurately classified employees as independent contractors and paid them a variety of piece rates and flat rates per day without regard to the number of hours they worked. Some employees were paid hourly. Employees paid piece rates or daily rates were paid in violation of minimum wage requirements when those rates failed to cover the federal minimum wage of $7.25 per hour. Overtime violations resulted when the employer failed to pay time-and-one-half to any employees working more than 40 hours in a work week. The company was cited for not displaying required posters and failing to keep records of the number of hours employees worked.

Additionally, WHD found that Kased Brothers Halal Meat Inc. employed three minors to work in the slaughter area, washing and cleaning animal carcasses after a slaughter, a violation of FLSA child labor requirements.

"The Department of Labor is committed to ensuring employees receive all wages they have rightfully earned, and enforcing child labor laws to strike a balance between providing meaningful work experiences for young people and keeping them safe on the job," said Wage and Hour Division District Director Audrey Hall, in Jackson, Mississippi. "We encourage all employers to review employment obligations and contact the Wage and Hour Division for compliance assistance. We remain committed to providing employers the tools they need to understand their responsibilities."

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, child labor, 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 https://www.dol.gov/whd/ including a search tool to use if you think you may be owed back wages collected by WHD.

DENVER, CO – On September 14, 2018, from 10:00 a.m. to 12:00 p.m. MDT, the Wage and Hour Division of the U.S. Department of Labor will hold a public listening session in Denver, Colorado, to gather views on the Part 541 white-collar exemption regulations, often referred to as the "Overtime Rule."

Issued under the Fair Labor Standards Act, these regulations implement exemptions from the overtime-pay requirements for executive, administrative, professional, and certain other employees. The Department is working on a proposal to update the Overtime Rule, and is interested in hearing the views and ideas of participants on possible revisions to the regulations.

Location:
Remington Arms Room
Denver Federal Center – Building 41
West 6th Avenue & Kipling Street
Denver, Colorado  80225

There is no fee to attend the listening session; however, registration is required. To register, click here.

For more information about the Overtime Rule, click here. For more information on the Fair Labor Standards Act, and other federal wage laws administered by the Wage and Hour Division, call the department's toll-free helpline at 866-4US-WAGE (487-9243), or visit the agency's website at https://www.dol.gov/whd/.

KANSAS CITY, MO – On September 13, 2018, from 10:00 a.m. to 12:00 p.m. CDT, the Wage and Hour Division of the U.S. Department of Labor will hold a public listening session in Kansas City, Missouri, to gather views on the Part 541 white-collar exemption regulations, often referred to as the “Overtime Rule.”

Issued under the Fair Labor Standards Act, these regulations implement exemptions from the overtime-pay requirements for executive, administrative, professional, and certain other employees. The Department is working on a proposal to update the Overtime Rule, and is interested in hearing the views and ideas of participants on possible revisions to the regulations.

Location:         Holiday Inn Country Club Plaza                                      

                        One E 45th Street – Ballroom A/B

                        Kansas City, Missouri  64111

There is no fee to attend the listening session; however, registration is required. To register, click here.

For more information about the Overtime Rule, click here. For more information on the Fair Labor Standards Act, and other federal wage laws administered by the Wage and Hour Division, call the department’s toll-free helpline at 866-4US-WAGE (487-9243), or visit the agency’s website at http://dol.gov/whd .

SEATTLE, WA – On September 11, 2018, from 10:00 a.m. to 12:00 p.m. PDT, the Wage and Hour Division of the U.S. Department of Labor will hold a public listening session in Seattle, Washington, to gather views on the Part 541 white-collar exemption regulations, often referred to as the "Overtime Rule."

Issued under the Fair Labor Standards Act, these regulations implement exemptions from the overtime-pay requirements for executive, administrative, professional, and certain other employees. The Department is working on a proposal to update the Overtime Rule, and is interested in hearing the views and ideas of participants on possible revisions to the regulations.

Location:
Jackson Federal Building
912 2nd Avenue, Suite 566
Seattle, Washington  98104

There is no fee to attend the listening session; however, registration is required. To register, click here.

For more information about the Overtime Rule, click here. For more information on the Fair Labor Standards Act, and other federal wage laws administered by the Wage and Hour Division, call the department's toll-free helpline at 866-4US-WAGE (487-9243), or visit the agency's website at http://dol.gov/whd.

WINTER GARDEN, FL – KBL Buildings Inc. – based in Winter Garden, Florida – will pay $111,197 in back wages to 100 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found that the metal framing construction company violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators determined that instead of paying employees overtime at time-and-one-half their regular rates when they worked more than 40 hours in a workweek as required, the employer paid employees their straight-time rates plus a flat $3 per overtime hour. The employer attempted to conceal the violation on the payroll by labeling the straight-time payment as travel, and the $3 per hour as per diem payments. KBL Buildings also failed to include the overtime in its payroll records, resulting in recordkeeping violations.

"This investigation shows the commitment by the Department of Labor to ensuring employees receive all the wages they have rightfully earned, and that employers compete on a level playing field," said Wage and Hour Division District Director Daniel White, in Jacksonville, Florida. "We encourage employers to contact the Wage and Hour Division with any questions they may have, and to use the wide variety of tools we offer to help them understand their obligations and to comply with the law."

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/.

ORLANDO, FL – Loyal Source Government Services LLC – a medical and support staff contactor based in Orlando, Florida – will pay $574,989 to 4,047 employees after a U.S. Department of Labor Wage and Hour Division investigation determined the company violated the McNamara-O'Hara Service Contract Act (SCA).

WHD investigators found Loyal Source Government Services LLC unlawfully deducted $10 per paycheck from each employee for the administration of employee health and welfare benefits.

"This investigation demonstrates the Department of Labor will enforce all applicable laws to ensure that employees receive legally required pay and benefits," said Wage and Hour Division District Director Daniel White, in Jacksonville. "The Department's Wage and Hour Division encourages all employers to make use of the many tools we provide to help them understand and comply with the law, and to call us for assistance."

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

SAN JUAN, PR – The U.S. Department of Labor's Wage and Hour Division (WHD) has signed agreements with the Puerto Rico Department of Labor and Human Resources, Labor Standards Division (PR-LSD), and the Office of the Comptroller of the Commonwealth of Puerto Rico (OCPR) to establish collaborative relationships to promote compliance with laws where the agencies have common interests.

The partnerships' goals include providing clear, accurate, and easy-to-access compliance outreach to employers, employees, and other stakeholders; conducting coordinated investigations; sharing information consistent with applicable laws; and sharing resources, such as cross-training investigators.

"Since Hurricane Maria, the WHD Caribbean District Office has seen a significant increase in construction and debris removal activities with many newly formed companies undertaking contracts funded privately and under federal contract," said Wage and Hour Regional Administrator Mark Watson, Jr. in Philadelphia, Pennsylvania. "These partnerships are crucial to making the best use of government resources to ensure protection and compliance."

WHD Northeast Regional Administrator Mark Watson, Jr., Puerto Rico Secretary of Labor and Human Resources Mr. Carlos J. Saavedra Gutierrez, and Puerto Rico Comptroller Yesmin M. Valdivieso recently signed the partnership agreements.

WHD enforces the federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. It 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 the prevailing wage requirements of the Davis-Bacon and Related Acts and the Service Contract Act, among other statutes.

Read this news release En Español

WASHINGTON, DC - To ensure compliance with federal wage laws, the U.S. Department of Labor's Wage and Hour Division (WHD) is conducting a nationwide initiative to strengthen compliance with the labor provisions of the H-2B temporary visa program in the hotel industry.

The initiative includes providing compliance assistance tools and information to employers and stakeholders, as well as conducting investigations of employers using this program. A key component of the investigations is ensuring that employers recruit U.S. workers before applying for permission to employ temporary nonimmigrant workers.

"Any employer seeking workers under this program must be ready and willing to hire qualified U.S. applicants first," said Bryan Jarrett, Wage and Hour Division Acting Administrator. "This initiative demonstrates our commitment to safeguard American jobs, level the playing field for law-abiding employers, and protect guest workers from being paid less than they are legally owed or otherwise working under substandard conditions."

Last year, WHD investigations found more than $105 million in back wages for more than 97,000 workers in industries with a high prevalence of H-2B workers, including the hotel industry.

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrant workers from outside the United States to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peak load need, or intermittent need. Many hotels use H-2B workers to fill a need for seasonal workers.

Before employers can be approved to request guest workers under the H-2B program, they must file an application with the Department stating that:

• An insufficient number of U.S. employees are qualified, and available to work; and
• The employment of non-immigrant, temporary workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

For more information about the labor provisions of the H-2B program 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.