Wage and Hour Division (WHD)

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MIAMI -- The U.S. Department of Labor’s Wage and Hour Division today announced that a federal district court has held Elius Sidois in civil contempt for violating the terms of a previous court judgment by continuing to violate provisions of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

“With this legal action, the Labor Department is ensuring that agricultural workers’ rights will be protected,” said Connie Klipsch, regional administrator of the Wage and Hour Division in the Southeast.

The judgment came after the U.S. District Court for the Southern District of Florida found that the former labor contractor had continued to engage in farm labor contracting activities without a license, failed to post required information regarding workers’ rights and protections, failed to keep and provide workers with payroll records, and failed to provide safe transportation to agricultural workers.

Under the contempt order, the Labor Department is allowed to monitor the defendant’s employment activities to assure that he does not engage in any activity contrary to the provisions of the MSPA. On a regular schedule, the defendant will have to report all sources of income, as well as any changes in his employment or residence. In addition, he will have to report if he obtains any new or different transportation to be used in conjunction with farm labor work of any kind.

The MSPA provides for employment-related protections to migrant and seasonal agricultural workers, and sets a list of requirements to be followed by farm labor contractors, agricultural employers and agricultural associations that employ workers.

The Labor Department’s Wage and Hour Division concluded 30,467 compliance actions and recovered a record $220 million in back wages for more than 341,000 employees in fiscal year 2007. Back-wage collections in fiscal year 2007 represent a 67 percent increase over back wages collected in fiscal 2001. The number of workers receiving back wages has increased by 58 percent since fiscal year 2001.

For more information, call the department’s toll-free helpline at 866-4US-WAGE (866-487-9243); visit the Internet at www.wagehour.dol.gov; or contact the Miami District Office of the Wage and Hour Division, 10300 Sunset Drive (Sunset Center), Room 255; telephone: 305-596-9874.

Chao v. Elius Sidois

Civil Action File Number 04-CV-21194-PCH

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