Two Wisconsin forestry companies must pay 263 workers $1.1 million in unpaid wages five years after the employees left their homes in Guatemala and Mexico for jobs they were promised.
The employees learned they would not receive the wages, benefits and types of jobs described in their contracts, according to a Jan. 17 Labor Department news release.
“This case’s resolution shows the U.S. Department of Labor will pursue those who commit fraud involving foreign labor certification programs vigorously, and work hard to make sure the rights of those promised work in the U.S. to receive the wages and benefits are legally protected,” Wage and Hour Regional Administrator in Chicago Michael Lazzeri said in the release.
A U.S. Department of Labor investigation into certification contracts for the H-2B Visa program from 2016 to 2018 held by Eleva-based Northwoods Forestry Inc. and A&C Forestry Services LLC led to the resolution for the workers. The Wage and Hour Division found a number of infractions of the guidelines for the H-2B Visa program, including incorrect work categorization and employment beyond the authorized employment field, the release reported.
Lazzeri said the H-2B labor certification program was created to help employers fill positions for their businesses. It requires them to abide by detailed terms, the release recorded.
“Those who wrongly believe they can ignore the law are deeply mistaken and will be held accountable,” he said, according to the release.
Foreign labor certification programs require employers to recruit workers for specific jobs and show U.S. workers are not available to meet their needs, the release reported. The employers cannot act like temporary employment agencies and place workers in occupations outside the terms of the H-2B contract, he said.
