'Blatant disregard' | Department of Labor hands out penalties over temporary worker treatment

Department of Labor hands out penalties over temporary worker treatment

The Department of Labor has handed a three year ban to Harvest Plus, a farm labor contractor based in Kennewick, Washington, from the temporary agricultural worker program following an investigation into a range of serious labor violations.

The department’s Wage and Hour Division found that the contractor had subjected workers to unsafe living conditions and denied wages and work opportunities to domestic workers.

Harvest Plus housed employees in mold-infested, overcrowded motel rooms and failed to them for their travel costs between their home countries and Washington. It was also found that unlicensed and unpermitted drivers transported the workers in unsafe vehicles lacking essential safety features, including seatbelts and working lights.

Furthermore, Harvest Plus unlawfully deducted wages for services such as laundry, did not provide copies of work contracts, and did not include actual terms and conditions in job orders.

Additionally, investigators discovered that the firm gave preference to those workers over qualified US workers, failed to contact domestic employees previously hired, and required the temporary workers to work beyond the certified employment period.

The extent of the violations led the department to impose a penalty of $252,475 on the employer.

Thomas Silva, Wage and Hour Division District Director in Seattle, said: “The blatant disregard for federal regulations shown by Harvest Plus LLC put the safety and health of hundreds of temporary workers at serious risk. By debarring this employer from participating in the H-2A program, the U.S. Department of Labor has sent a clear signal that we will not turn a blind eye to such egregious actions. We will safeguard U.S. jobs and prevent unscrupulous employers from profiting while endangering vulnerable workers and denying them their hard-earned wages.”

Tortilla firm ordered to pay back wages

In a separate case, the Department found that La Flor de Mexico, a tortilla manufacturer in Los Angeles County, had failed to pay 72 employees minimum wage and overtime, in violation of the Fair Labor Standards Act.

The Wage and Hour Division’s investigation revealed that workers were not compensated for all hours worked and did not receive overtime pay for hours over 40 in a week. A joint employment relationship was also uncovered between La Flor de Mexico and staffing agency Employee Force Provider, which co-managed the day-to-day operations of the tortilla business.

The department recovered $66,253 in back wages and an additional $66,253 in liquidated damages for the affected employees.

Skarleth Kozlo, Assistant District Director of the Wage and Hour Division in West Covina, California, said: “The US Department of Labor will always be vigilant to ensure all employers comply with the Fair Labor Standards Act. Workers must be paid correctly and on time for their work.”

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