The U.S. Department of Labor has announced in a press release that they have obtained a consent order to allow the recovery of $317,097 in back wages for 56 workers from Mexico and three from the U.S. 

These workers were employed by the swimming pool subcontractor GSI Pool Finishes, in Ambler, Pennsylvania. This was done through the federal H-2B guest worker visa program, which permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the U.S. as needed.

“These vulnerable workers left their home country to come to the U.S. to work under conditions clearly defined by the H-2B visa program. They deserve every protection that comes along with those promised conditions,” said DOL Wage and Hour Division District Director Jim Cain in Philadelphia, in a statement.

“The Department of Labor protects workers’ rights and is diligent in its efforts to ensure they receive the wages they earn. Employers who choose to participate in the H-2B program must ensure they are aware of their obligations and abide by the law,” he continued.

Following an investigation by the Department's Wage and Hour Division, they found that GSI Pool Finishes violated the H-2B program by not paying the required wages to their workers at a piece rate unacceptable to the required wages, owing them $266,627 in back wages.

These violations have led the division to deem civil money penalties to be at $67,649, with additional recompense for travel expenses totaling $50,470.

Other H-2B program violations include a failure to include housing availability in its advertisement or Temporary Employment Certification, failure to include all required information on their employees' earning statements, did not provide their workers with written job disclosure, and did not keep accurate records of employee hours worked and payments made for workers to travel.

“The U.S. Department of Labor will vigorously pursue litigation against employers who violate H-2B program requirements and will work hard to make sure the rights of workers to receive the wages and benefits are legally protected,” explained Deputy Regional Solicitor Samantha Thomas, in Philadelphia. 

“Those who wrongly believe they can ignore the law are deeply mistaken and will be held accountable,” she concluded.