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Department of Labor secures judgment against Mississippi fish farm over worker intimidation

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Katelyn Walker Mooney Acting Assistant Secretary for Policy | Official Website

The U.S. Department of Labor has secured a consent judgment against Battle Fish North and Magnolia Processing Inc., a fish farm and processing plant in Tunica, Mississippi. This judgment aims to prevent the companies from retaliating against workers and interfering with federal investigations concerning their employment practices.

In August 2023, the department's Wage and Hour Division found that the companies allegedly attempted to conceal evidence, provide false information, and disrupt communications with witnesses, violating the Fair Labor Standards Act. It was determined that representatives of these companies informed employees they were not obligated to speak with investigators and threatened them with retaliation if they did not mislead investigators. Specifically, company managers reportedly threatened workers with physical harm, deportation, or termination if they communicated truthfully with investigators.

The U.S. District Court for the Northern District of Mississippi granted a judgment prohibiting the employers from such retaliatory actions and interference. "The court has drawn a clear line in the sand: No worker should fear retaliation from their employer, and no employer should mistakenly believe they can interfere with a federal investigation without consequences," stated Regional Solicitor Tremelle Howard in Atlanta. "Intimidating and threatening workers is reprehensible, and we will do everything within our power, including litigation, to ensure employers are held accountable."

Additionally, an injunction requires Battle Fish North, Magnolia Processing, and their agents to read a statement of rights to H-2A temporary agricultural workers annually for three years. They must also conduct training for senior officials on H-2A workers' rights to ensure compliance with legal standards.

"The Wage and Hour Division is committed to fostering an environment in which workers are safe from retaliation for asserting their rights and speaking up during our investigations," said Audrey Hall, Wage and Hour Division District Director in Jackson, Mississippi. "Protecting workers from retaliation is a top priority of the agency. Working with the department’s legal team, we stopped this misconduct in its tracks."

The division provides confidential compliance assistance through its toll-free helpline at 866-4US-WAGE (487-9243), offering support in more than 200 languages.

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