CORRECTED: U.S. Department of Labor Finds South Carolina Resort Violated Federal Work Visa Program Requirements by Failing to Hire Qualified U.S. Worker

BLUFFTON, SC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Montage Hotels & Resorts LLC – operating as Montage Palmetto Bluff in Bluffton, South Carolina – has paid $8,301 in wages to an employee for violating labor provisions of the H-2B visa program. The Laguna Beach, California-based employer also paid a civil penalty of $8,301 assessed by WHD for the violation.

WHD determined the employer failed to meet a condition of their contract for participating in the visa program when they failed to hire a qualified U.S. worker who had applied for a job as a cook at the resort. As a result of the investigation, Montage Hotels & Resorts hired the employee and paid her wages she would have earned from the start of the employer’s H-2B contract.

“The U.S. Department of Labor will continue to safeguard American jobs and level the playing field for law-abiding employers. Companies looking to participate in the H-2B visa program must ensure they do not bypass qualified American workers in favor of non-immigrant workers,” said Wage and Hour District Director Jamie Benefiel, in Columbia, South Carolina. “We encourage employers to contact the Wage and Hour Division by phone or online, or to attend any of our many outreach events for assistance and to learn more about their responsibilities. Violations like those found in this case can be avoided.”

For more information about the H-2B and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover Fair Labor Standards Act (FLSA) overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at http://www.dol.gov/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the Nation’s workforce. WHD enforces Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the U.S.; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights. 

Editor’s Note: This news release has been corrected to clarify that WHD did not find that the employer’s H-2B agent, Practical Employee Solutions, unlawfully charged visa fees to the non-immigrant guest employees.