The U.S. Department of Labor’s (DOL) Wage and Hour Division has imposed a fine of $479,983 on a Park Hills, Missouri-based vegetable farming and packing company following an investigation that revealed the amount owed to 208 workers. The settlement was recently announced by the U.S. District Court for the Eastern District of Missouri.
Wage and Hour Division District Director Noah Lee in St. Louis stated, "Employers must understand the wage requirements for the workers they employ. When seeking approval to hire temporary visa workers, employers agree to specific terms for pay rates, job tasks and other compensation and must also pay non-visa employees at least the same rate." He added, "The wages recovered for these workers will have a significant impact on their lives. Many of them may not have understood their rights to overtime pay."
According to a DOL news release, Benjy Proffer and Robert Proffer, proprietors of Missouri Vegetable Farm LLC were specifically mentioned in the settlement. The investigation found that 102 temporary visa workers were owed $394,159 while 105 U.S. workers and 22 affiliated U.S. workers were owed $85,824 under back wage policies. An additional fine of $38,289 was levied against the company for legal violations.
Investigators reviewed wage documents from May 1 through December 15, 2021 and concluded that the company failed to pay employees time-and-a-half when they worked over 40 hours per week as stipulated by law, according to the news release. Furthermore, it was noted that Missouri Vegetable Farm separated hours worked in their packing operations department from their farming duties - a factor taken into account when determining the fine.
As stated in the news release, Proffer Company - a family-owned full-line wholesale produce company - is identified as the parent company of Missouri Vegetable Farm. The company had permission to hire temporary visa workers under the H-2A temporary agricultural program, which allows foreign workers to be employed within the agricultural industry on a seasonal or temporary basis.
