Wage and Hour Division (WHD)

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SAN FRANCISCO, CA -- The U.S. Department of Labor has announced that Empire Farms, LLC and Empire Group, LLC have agreed to pay $200,000 in back wages to 472 H-2A temporary non-immigrant agricultural workers for violating federal labor standards. Both firms are part of an agricultural grower corporation with farms in Empire, Nev.; Cedarville, Calif.; and Orient, Nev.

“This Administration is committed to ensuring that employees receive the wages they have earned,” said Secretary of Labor Elaine L. Chao. “In this case, $200,000 was recovered in back pay for these workers. Through the determined efforts of the department’s Wage and Hour Division, nearly $197 million in back wages were recovered for workers last year.”

According to an investigation by the Wage and Hour Division, the employer paid workers based on a salary instead of an hourly wage, took improper deductions from the worker’s pay and did not pay them all of their wages due. The employer also failed to keep proper records, incorrectly charged workers for meals, and did not reimburse workers for transportation and subsistence costs to the worksite.

Section H-2A of the Immigration Reform and Control Act authorizes the admission of temporary non-immigrant workers to perform agricultural labor or services of a temporary or seasonal nature. Employers participating in the H-2A program are required to comply with specified labor standards relating to wages, transportation, housing and records.

In addition to the payment of $200,000, Empire Farms, LLC and Empire Group, LLC have agreed to be debarred from participation in the H-2A program for three years and to comply with the laws and regulations governing the H-2A program in the future.

The investigation was initiated by the Wage and Hour Division in Sacramento after receiving information from the Mexican Consulate and the California State Monitor Advocate.

For more information, call the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243), or contact the Sacramento District Office at (916) 978-6121. Information is also available on the Internet at www.wagehour.dol.gov.

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