DENVER, CO — A Denver landscaping company recently agreed to a settlement with the U.S. Department of Labor to pay back wages to dozens of workers and resolve claims that the company violated several provisions of federal labor and wages laws. As part of the agreement, Parkside Landscape Inc will pay 53 workers a total of $524,063 in back wages and damages to properly compensate the group for the labor agreements reached between the two parties prior to employment.
An investigation by the Labor Department’s Wage and Hour Division found that Parkside Landscape failed to pay employees the wages offered in the approved H-2B labor certification and job order filed with the Department needed for permission to hire foreign workers. An H-2B non-immigrant visa program permits employers to hire nonimmigrants to perform non-agricultural labor country for a limited period of time.
Furthermore, the investigation determined that the company failed to provide required earning statements, comply with safety requirements for employer-provided transportation, and provide a copy of the job order to employees at the time they applied for their visas. The defendant also denied overtime pay to eight of the workers in question, another violation of the Fair Labor Standards Act (FLSA).
“We must ensure that employers understand and abide by the provisions of the H-2B visa program to protect the wages and working conditions of similarly employed U.S. workers,” said the Division’s Southwest Regional Administrator Betty Campbell. “The program safeguards American employees against displacement while protecting vulnerable foreign workers from being paid less than the prevailing wage or otherwise working under substandard conditions.”
Under the FLSA, employers must pay workers one and a half times the individual’s average hourly rate of pay, including hourly wages and bonuses, for time on the job spent above the 40-hour overtime threshold. Additionally, employees must be furnished accurate wage statements detailing all the hours worked and wages earned in a pay period. The law also gives wage theft victims the right to file unpaid overtime lawsuits to recover their back pay with interest and damages.
H-2B Worker Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.