A concessions-stands operator's challenge to charges it violated federal labor laws was tossed out by a federal judge when the company failed to reply to requests for documents supporting its challenge, the U.S. Department of Labor (DOL) announced recently. 27
An administrative law judge rejected the notice of contest filed by Rochester, Minn.-based Solem Concessions Inc. on May 26, the DOL announced on July 27. The ruling also upheld the DOL's findings that the company had violated requirements of the H2-B visa program and owed $203,536 in penalties, the announcement states.
Solem "failed to provide documentation to support its challenge and engaged in a pattern of persistent disregard over the courts’ orders and discovery requests by the Department of Labor," the report states. "The 30-day period for appeal expired without response from the employer."
A Wage and Hour Division investigation found Solem had violated the visa program for temporary non-immigrant workers multiple times by: failing to pay the required hourly rates by paying a flat salary that didn't include overtime pay; staggered arrival and departure times of temporary works to avoid accurately reporting the need for the workers; didn't keep accurate hours-worked or payroll records; and didn't provide workers with required pay information including hourly rate, hours worked, pay-period dates, employee's name or employer's identification, the DOL reports. Solem was fined $148,631 in back wages to 35 non-immigrant H-2B workers and $54,905 in civil penalties, according to the report.
“Federal labor law provides worker protections for nonimmigrant workers employed under the H-2B program and Solem Concessions Inc. violated those requirements,” Kristin Tout, Wage and Hour district director in Minneapolis, said in the report.
“The Department of Labor protects non-immigrant workers’ rights and is diligent in its efforts to ensure they receive the wages they earn," Trout said. "Employers who chose to participate in the H-2B program must ensure they are aware of their obligations and abide by the law.”
Solem Concessions is a concession-stand operator that travels to state and county fairs, music festivals and other public events in eight states.
