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News and Information 09/16/2024   


US Department of Labor recovers $31K in wages for 23 farmworkers after Sonoma County grower violated H-2A program requirements

Investigation findings: A U.S. Department of Labor Wage and Hour Division investigation found grower Humberto Castaneda Produce violated numerous requirements under the H-2A temporary agricultural worker program. Investigators found the employer paid higher rates to workers with H-2A visas than to local workers, failed to provide tools, meals or kitchen facilities to workers, housed workers in dilapidated trailers not up to code and did not reimburse inbound and outbound transportation costs. Additionally, the grower did not secure safe transportation, used uncertified drivers lacking licenses and paid workers below the promised rate on their contract.

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Prohibition of sex discrimination

The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex.1 The Equal Pay Act (EPA) protects individuals of all sexes.

All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between people of different sexes who perform substantially equal jobs, employers must raise wages to equalize pay but may not reduce the wages of other individuals.

Exemptions

♦ A seniority based pay system

♦ A merit based pay system

♦ A productivity based pay system

♦ Any factor other than sex

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US Department of Labor files lawsuit to recover $1.87M in back wages, damages for 26 workers at Dragon Kitchen of Jefferson City

The U.S. Department of Labor has filed suit in federal court against a Jefferson City buffet restaurant and its owner, after investigators with the department’s Wage and Hour Division found servers worked for tips only and cooks were paid a set cash salary regardless of how many hours they worked, leading to violations of minimum wage or overtime regulations.

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US Department of Labor recovers $227K in wages, tips from Grand Prairie Happy Lamb Hot Pot franchisee who denied 47 workers full wages

The U.S. Department of Labor has recovered $227,834 in back wages from the owner and operator of a Happy Lamb Hot Pot franchise in Grand Prairie that denied 47 restaurant workers required minimum and overtime wages and illegally allowed a manager to keep a portion of servers’ tips.

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