The U.S. Department of Labor obtained a consent order allowing for the recovery of more than $300,000 in back wages for 59 workers employed by GSI Pool Finishes under the federal guest worker visa program.
The order allows for the recovery of $317,097 in back wages for 59 workers, including 56 Mexican nationals, employed under the federal H-2B guest worker visa program by GSI Pool Finishes, according to an April 17 news release. The Ambler, Pa., company violated the H-2B program by failing to pay required wages, offering a piece rate lower than the required offered wage rate and neglecting to offer travel reimbursement.
“These vulnerable workers left their home country to come to the U.S. to work under conditions clearly defined by the H-2B visa program,” Wage and Hour Division District Director Jim Cain said in the release. “They deserve every protection that comes along with those promised conditions.”
GSI Pool Finishes also violated provisions when it improperly classified three workers and failed to provide required employment information, the release reported. In addition to the back wages, the company must pay $67,649 in civil money penalties.
Cain emphasized the department's efforts to protect workers' rights and hold employers accountable for their obligations, according to the release. Deputy Regional Solicitor Samantha Thomas explained the DOL will continue to pursue litigation against employers that violate H-2B program requirements.
The H-2B program allows employers to temporarily hire non-immigrants for non-agricultural labor or services in the U.S., with employment limited to a short period, such as a one-time occurrence or seasonal need, the release said.
The consent order reflects the department's commitment to ensuring H-2B program employers adhere to wage and employment obligations, according to the release. The Wage and Hour Division enforces various laws, including the FLSA, to safeguard workers' rights. Those who have questions about back wages can contact the division's toll-free helpline or download the agency's Timesheet app for Android devices to track hours and pay.
This case serves as a reminder to employers of the importance of complying with H-2B program requirements and treating workers fairly. Workers under the H-2B program are often vulnerable and may face language barriers or other obstacles, making it essential for employers to ensure they are fully compliant with all relevant laws and regulations, the release reported.
Employers must be diligent in their efforts to comply with H-2B program requirements and ensure all workers are treated with dignity and respect. Failure to do so may result in significant financial penalties and damage to an employer's reputation, the release said.
