Julie Su Acting United States Secretary of Labor | Official Website
The U.S. Department of Labor has initiated debt collection procedures against Hoenigman Landscaping Co. LLC, a Newbury-based landscaping company, following allegations that the company threatened workers who cooperated with a federal investigation. The investigation found that the company and its owner, Richard Hoenigman, owe $169,015 in back wages and damages to 19 affected workers.
The Wage and Hour Division's investigation identified numerous violations of the H-2B visa program by Hoenigman Landscaping Co. LLC and its owner during 2021 and 2022. The employer was found to have underpaid at least 19 workers by up to $4.05 per hour less than the required prevailing wage.
Additionally, the company violated program regulations by assigning workers to job sites in Pennsylvania despite their H-2B application certifying employment only in the Cleveland area. The H-2B program permits U.S. employers to hire non-immigrant workers temporarily for non-agricultural labor or services as specified in their application.
In July 2023, the Department of Labor banned the company and its owner from participating in the H-2B visa program for five years after investigators discovered that employers allegedly threatened workers for cooperating with them.
“Hoenigman Landscaping continues to ignore communications from federal investigators and refuses to pay these employees the back wages owed for their hard work. Those who believe they can ignore the law and continue to withhold wages and avoid penalties are deeply mistaken, and will be held accountable,” said Wage and Hour Division District Director Matthew Utley in Columbus, Ohio. “The H-2B visa program helps employers fill positions with temporary foreign workers after they show they have tried and failed to recruit and hire U.S. workers. In return, they agree to accept detailed, non-negotiable terms such as paying transportation costs, prevailing wages, and work locations.”
Investigators calculated that Hoenigman Landscaping owed affected workers $87,653 in back wages and assessed an additional $81,362 in civil money penalties after finding that the company's owner coerced workers into signing statements waiving their right to reimbursement for transportation costs. The employer also attempted to prevent them from speaking with investigators and failed to notify authorities when one H-2B worker abandoned the job site.
Federal law required Hoenigman Landscaping to pay workers $16.35 per hour in 2021; however, employees received wages ranging from $11.30-$16 per hour, with most earning $13.75 per hour. In 2022, while required pay was $17.07 per hour, most employees earned $15 per hour or as little as $13.50 per hour.
Previous investigations revealed similar violations committed by Hoenigman Landscaping during the 2012 and 2013 landscape seasons.
Employment of H-2B workers must be temporary in nature—such as a one-time occurrence or seasonal need—and approximately 130,000 H-2B visas are available for employers' participation in 2024.
For more information about the Wage and Hour Division or assistance on filing complaints or understanding wage rights, individuals can contact the agency’s toll-free helpline at 866-4US-WAGE (487-9243). The division offers support in over 200 languages.
The agency also provides a Timesheet App available for Android and iOS devices in English or Spanish to help ensure accurate tracking of hours worked and pay received.
