Coloscapes Concrete Inc. has paid $59K in back
wages, overtime pay, and civil money penalties to settle H-2B non-immigrant
visa program violations, as well as overtime and recordkeeping violations of
the Fair Labor Standards Act (FLSA).
A Department of Labor investigation found that
the company violated provisions of the H-2B
nonimmigrant visa program by
collecting a $1,000 recruitment fee in cash from H-2B workers and by accepting
kickbacks from reimbursement checks intended to compensate employees for visa
fees and inbound transportation costs from their home countries. Coloscapes
Concrete Inc. further violated provisions of the H-2B program when it paid U.S.
workers less than it paid similarly employed guest workers, and when it laid
off U.S. workers shortly before hiring guest workers to perform the same work.
The company also failed to pay legally required overtime to 27 cement masons and concrete finishers and failed to
maintain complete and accurate records. The overtime violations resulted when
payroll deductions for the employee’s housing exceeded the limits allowed under
the FLSA.
“The U.S. Department of Labor ensures the
recruitment and displacement standards of the H-2B program are followed in
order to protect American workers,” said Betty Campbell, Wage and Hour Division
Administrator. “We encourage employers to reach out to our local offices for
confidential assistance with any of our labor laws, or to visit our website to
make use of the numerous tools we provide to help them understand their legal
obligations.”
