A U.S. Department of Labor investigation into a Boca Grande resort's use of the federal H-2B program to employ non-immigrant workers has resulted in the recovery of $151,598 in back wages for nine workers and $49,401 in civil money penalties.
“Federal law protects nonimmigrant workers employed under the H-2B program and Gasparilla Inn and Club violated those requirements,” Nicolas Ratmiroff, Wage and Hour District Director in Tampa, Fla., said in a press release issued March 13.
An investigation by the Wage and Hour Division determined that the Gasparilla Inn and Club violated the H-2B worker visa program by arbitrarily applying an uncertified job qualification, giving preference to less-qualified H-2B applicants; imposing additional obligations and restrictions on U.S. workers while offering better working conditions to H-2B workers; failing to reimburse visa fees to workers or making them wait years for reimbursement; and other violations, according to the release.
The Gasparilla Inn and Club failed to provide documentation to support its February 2022 challenge of the findings, resulting in a November 2022 consent agreement before the Office of Administrative Law Judges, the release reports. The resort recently paid the back wages and fines; and the resolution brings an end to the division's investigation, according to the release.
The federal H-2B visa program permits employers to temporarily hire nonimmigrants for nonagricultural labor or services in the U.S. for a limited specific period, such as a one-time occurrence, seasonal, peak load, or intermittent need, according to the release. T
“All workers, both U.S. and non-immigrant workers, must be paid their lawful wages," Ratmiroff said in the release. "Employers who reap the benefits of the H-2B program are obligated to make sure they understand and comply with program requirements.”
The Gasparilla Inn and Club, a resort in Boca Grande, Gasparilla Island on the Gulf of Mexico, was established in 1913, according to the release.
