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A Texas potato farm is being compelled to pay greater than $1 million in again wages to its staff as the results of an investigation by the federal authorities.
Blaine Larsen Farms Inc. did not pay almost 500 staff, together with migrant staff with H-2A visas, the total wages they have been owed—particularly extra time pay when staff labored greater than 40 hours per week, the Division of Labor mentioned.
The corporate is without doubt one of the largest potato growers in america and every year attracts lots of of momentary, nonimmigrant staff with an H-2A to its sprawling farm in Dalhart, positioned within the Texas Panhandle’s far northwest nook. Blaine Larsen Farms, a nationwide firm primarily based in Idaho, additionally allowed drivers to move staff and not using a correct license and did not correctly report a coronavirus outbreak at its web site.
Now, the corporate must pay $1,345,960 in again wages for the employees. It additionally faces $10,900 in civil penalties for breaking the regulation. The Labor Division mentioned the corporate violated the Truthful Labor Requirements Act, which requires staff to be paid time and a half their common charge of pay for all hours labored over 40 in per week, and parts of the Immigration and Nationality Act.
“The pandemic highlighted the important contributions agricultural staff—together with staff within the H-2A visa packages—make daily to feed the nation and assist our financial system. In return for his or her onerous work, they have to be paid all of their wages and shielded from office hazards,” mentioned Jessica Looman, performing administrator on the Labor Division’s Wage and Hour Division, in an announcement.
The H-2A visa program permits U.S. employers to carry overseas nationals to the nation to fill momentary agricultural jobs. To qualify, an employer should present that the job is momentary or seasonal and that there aren’t sufficient staff within the U.S. who’re ready, prepared or certified to do the work.
Looman additionally mentioned the division discovered that Blaine Larsen Farms “subjected its staff to discrimination and intimidation once they asserted their rights.”
“These actions is not going to be tolerated, and the company will use all accessible instruments to carry the employer accountable,” Looman added.
This isn’t the farm’s first infraction. A prison criticism was filed towards an organization supervisor in 2020 alleging it demanded staff from Mexico pay as much as $1,500 to acquire work visas. The Division of Labor mentioned on the time that the supervisor was working a “pay-to-play” scheme for roughly two years.
Newsweek reached out to Blaine Larsen Farms for touch upon the investigation and the penalties imposed however did not obtain a response earlier than publication.
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