U.S. Department of Labor Investigation Results in Colorado Company Paying $59,701 in Back Wages and Penalties

WINDSOR, CO – As a result of a U.S. Department of Labor Wage and Hour Division (WHD) investigation, Coloscapes Concrete Inc. has paid $21,750 in back wages and $31,496 in civil money penalties to settle H-2B non-immigrant visa program violations, as well as $6,454 to resolve overtime and recordkeeping violations of the Fair Labor Standards Act (FLSA).

WHD found Coloscapes Concrete Inc. violated provisions of the H-2B nonimmigrant visa program by collecting a $1,000 recruitment fee in cash from H-2B workers and by accepting kickbacks from reimbursement checks intended to compensate employees for visa fees and inbound transportation costs from their home countries. Coloscapes Concrete Inc. further violated provisions the H-2B program when it paid U.S. workers less than it paid similarly employed guest workers, and when it laid off U.S. workers shortly before hiring guest workers to perform the same work. The company also failed to pay legally required overtime to 27 cement masons and concrete finishers and failed to maintain complete and accurate records. The overtime violations resulted when payroll deductions for the employee’s housing exceeded the limits allowed under the FLSA.

“The U.S. Department of Labor ensures the recruitment and displacement standards of the H-2B program are followed in order to protect American workers,” said Betty Campbell, Wage and Hour Division Administrator. “We encourage employers to reach out to our local offices for confidential assistance with any of our labor laws, or to visit our website to make use of the numerous tools we provide to help them understand their legal obligations.”

The H-2B non-immigrant visa program permits employers to hire nonimmigrants temporarily to perform non-agricultural labor or services in the U.S.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243).

Information is also available at https://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by the Division.