The U.S. Department of Labor assessed a $37,500 penalty against an Avon Park, Fla., contractor and recovered back wages for blueberry farmworkers after failing to reimburse their visa fees.
Marin J. Corp reportedly refused to reimburse agricultural workers the cost of their H-2A visa fees, violating federal law, according to a March 31 Department of Labor release.
“The H-2A visa program requires employers to reimburse workers certain costs, such as visa fees,” Wage and Hour Division District Office Director Nicolas Ratmiroff in Tampa, said. “Employers who attempt to transfer costs to workers face substantial penalties and may be required to pay back wages.”
An investigation by the Wage and Hour Division determined Jorge Marin– operating as Marin J. Corp. in Avon Park – conducted cost-shifting by failing to reimburse the workers, which violated program requirements, according to the release.
The investigation recovered $9,500 in back wages for the workers, in addition to the $37,500 civil money penalty charged to the employer for the violations, the release said.
The H-2A visa program exists to allow the employment of workers that are nonimmigrants to meet the demand for agricultural and seasonal work. The program requires employers to reimburse workers the cost of their H-2A visa fees by the end of their first work week or pay period, according to the release.
