Noncompliance with H2-B Visa program costs carnival company over $200K

The Division of Labor’s Wage and Hour Division decided that in the course of the 2016 and 2017 seasons, carnival operators GoldStar Amusements Inc. and Lee’s Concessions Inc. didn’t comply with the provisions of the H-2B visa program by not paying prevailing wages, not paying inbound and outbound transportation prices, and failing to maintain correct payroll data. This month, a choose affirmed these findings and issued an choice within the carnival operators would pay $146,243 to 55 workers and one other $63,584 in civil cash penalties. 

What’s the H-2B visa program? 

The H2-B visa program lets employers briefly convey international, non-agricultural workers to the USA. It’s a extremely debated program as a result of typically, the employees work in poor circumstances for low wages. Sometimes, employees keep for about 9 months, however it may be prolonged by the employer. This program is just not like a inexperienced card. The visas are managed by the employer. If a guestworker is fired or let go by the employer, they’re immediately deportable.

Some civil rights teams discuss with this system as near slavery, as a result of employers are allowed to pay decrease wages to those guestworkers. Many guestworkers don’t need to complain for worry of being deported earlier than the top of their contract as a result of they’re counting on cash earned. Some guestworkers pay “headhunters” in their very own nation to get an H-2B visa alternative, so if a contract ends early, they could be out 

Know the legislation 

 Wage and Hour District Director Kristin Tout in Minneapolis mentioned, “Employers similar to these are legally liable for realizing and complying with federal wage legal guidelines.” H-2B employers should comply with the particular phrases underneath this system, that are clearly given to employers once they apply. The Division of Labor takes these violations very critically. It’s necessary to know the rules for all employees to make sure compliance. 

Each employers and workers, no matter the place they’re from, can get assist with compliance of federal wage legal guidelines by calling the Division of Labor. The DOL has the potential to talk with folks in over 200 languages.