A manufacturer of Christmas wreaths and seasonal greens has agreed to pay $1.85 million in back wages to approximately 700 employees, as stated by the U.S. Department of Labor (DOL). The company, whose products are sold at Target, Trader Joe’s, Walmart, Wegmans, Costco and Publix, was found guilty of denying overtime pay to its seasonal workers and migrants.
The DOL's news release reveals that Continental Floral Greens, which operates farms and offices in California, Florida, North Carolina, Oregon and Washington, violated the Fair Labor Standards Act. The company employs temporary workers from El Salvador, Mexico and Guatemala. It was discovered that Continental Floral Greens had submitted fraudulent information regarding the H-2B worker program. This misinformation included details about wages, housing and transportation for workers coming to America.
Wage and Hour Division District Director Thomas Silva emphasized the division's commitment to holding employers accountable. He said: "The Wage and Hour Division is committed to ensuring that vulnerable workers come home safe and properly compensated at the end of every day." Silva added: "We will continue using every tool at our disposal to ensure U.S. workers and H-2B workers receive the highest protections to which they are entitled, including rights to overtime pay."
In November 2022 a van crash involving 14 migrant workers led to an investigation against Continental Floral Greens in Washington’s Cowlitz County. According to the news release, an employee who lacked the required certification was driving the van when it crashed. Four Salvadoran workers were severely injured in this incident and were transported to a Longview hospital for treatment. The driver of the van was subsequently charged with negligent driving.
Regional Solicitor of Labor Marc Pilotin underscored federal law requirements for employers hiring foreign workers on temporary non-agricultural visas. He said: "Federal law requires employers hiring workers from outside the U.S. on temporary non-agricultural visas to ensure safe working conditions and pay the legal prevailing wage, including overtime. Employers must also accurately represent the terms and conditions of those jobs so that U.S. workers have a full and fair opportunity to work those jobs. Continental Floral failed on all counts."
