Second Time in Department’s History That It Has Obtained Temporary Restraining Order Under the H-2A Visa Program

PITTSBURGH, PA – The U.S. District Court for the Western District of Pennsylvania has entered a consent judgment against Water Transfer Solutions LLC and its president, Joseph Dugan, requiring the defendants to pay $92,728 in back wages and an equal amount in liquidated damages - totaling $185,456 - to 82 current and former employees. The judgment follows an investigation by the U.S.

PORTLAND, OR – The U.S. Department of Labor's Wage and Hour Division (WHD) is conducting a building construction survey statewide in Oregon to collect data to establish prevailing wage rates, as required under the Davis-Bacon and Related Acts.

The survey is not limited to federally funded construction projects, and covers active building construction projects in all counties between March 1, 2017, and February 28, 2018.

SEATTLE, WA – The U.S. Department of Labor's Wage and Hour Division (WHD) is conducting a building and heavy construction survey in all metropolitan counties of Washington to collect data to establish prevailing wage rates, as required under the Davis-Bacon and Related Acts.

The survey is not limited to federally funded construction projects, and covers active building and heavy construction projects in metropolitan counties between January 1, 2017, and December 31, 2017.

GUAM – The U.S. Department of Labor's Wage and Hour Division (WHD) is conducting a building, heavy, highway and residential construction survey in Guam to collect data to establish prevailing wage rates, as required under the Davis-Bacon and Related Acts.

The survey is not limited to federally funded construction projects, and covers active building, heavy, highway and residential construction projects in Guam between May 1, 2017, and April 30, 2018.

NAPLES, FL – Aqua Seafood & Steak – a restaurant based in Naples, Florida – has paid $35,942 in back wages and liquidated damages to 15 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found the employer violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

SEA ISLAND, GA – Sea Island Acquisition LLC has paid $46,922 in back wages to 167 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found the Sea Island, Georgia-based employer violated minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

ATHENS, GA – An investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) has determined that FQSR LLC – an Athens, Georgia, fast-food restaurant operator – violated child labor provisions of the Fair Labor Standards Act (FLSA). The Department assessed the restaurant $10,590 in civil money penalties.

KENNET, MO – The U.S. Department of Labor has filed a complaint and a motion for a temporary restraining order and preliminary injunction with the U.S. District Court for the Eastern District of Missouri to enjoin defendant Marin J. Corp. from violating its obligations concerning its employment of H-2A temporary agriculture workers under the H-2A visa program.

MIAMI, FL – Belen Jesuit Preparatory School of Miami, Florida, will pay $635,269 to 461 employees for violations of the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) found in a U.S. Department of Labor Wage and Hour Division (WHD) investigation. WHD also assessed the school $47,578 in civil money penalties for violations of the FLSA's child labor requirements.

SAN DIEGO, CA – The U.S. District Court for the Central District of California entered a consent judgment ordering Fisher Ranch LLC to pay $21,168 in back wages and $49,104 in civil money penalties for violations of the Migrant Seasonal Workers Protection Act (MSPA) following a 2017 work-related motor vehicle accident that killed one worker and injured six others outside of Calexico, California. This action follows a U.S. Department of Labor Wage and Hour Division (WHD) investigation.

LITTLE ROCK, AR – The U.S. District Court for the Eastern District of Arkansas has ordered Macuil's Tire And Service Center LLC and owner Sergio Macuil to pay $76,648 in back wages and liquidated damages to 12 employees for willful violations of the overtime provisions of the Fair Labor Standards Act (FLSA). The employer was also assessed a $14,160 civil penalty.

PUNXSUTAWNEY, PA - Benjamin D. Coblentz, a Punxsutawney, Pennsylvania forestry and logging company, will pay $26,985 in civil money penalties after the U.S. Department of Labor's Wage and Hour Division (WHD) found violations of child labor provisions in the Fair Labor Standards Act (FLSA) during an investigation of a serious injury sustained by an employee under the age of 16.

DETROIT, MI – The U.S. Department of Labor's Wage and Hour Division (WHD) is conducting a building construction survey in the metropolitan counties of Michigan to collect data to establish prevailing wage rates, as required under the Davis-Bacon and Related Acts. The survey covers active building construction projects in metropolitan counties between April 1, 2017, and March 31, 2018. It is not limited to federally funded construction projects.

SAN DIEGO, CA – Ziegler Inc. – a Santa Ana, California, garage door supplier – will pay $55,764 owed to 43 employees after a U.S. Department of Labor’s Wage and Hour Division (WHD) investigation found the employer violated minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA).

MEMPHIS, TN – An investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) has found Memphis-based public charter school KIPP: Memphis Collegiate High School violated the Family and Medical Leave Act (FMLA) when the school district terminated an employee after denying her right to take time off for a condition that qualified for protected leave. The school district has paid the employee $39,886 in lost wages.

WYNNE, AR – As a result of a U.S. Department of Labor Wage and Hour Division (WHD) investigation, Matthews Sweet Potato Farm, based in Wynne, Arkansas, has paid $56,193 in back wages to 113 employees, and $6,600 in civil money penalties to settle violations of the labor provisions of the H-2A temporary agricultural visa program.

ORLANDO, FL – An investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) has determined Orlando-based construction company GMH Construction Inc. violated child labor and recordkeeping requirements of the Fair Labor Standards Act (FLSA). As a result, WHD issued the company $3,530 in civil money penalties.

LENOIR CITY, TN – Proton Power Inc. has paid $143,336 in back wages to 82 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found that the biodiesel fuels company violated minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found Proton Power Inc. of Lenoir City, Tennessee, failed to pay employees at least the minimum wage and overtime rates at time-and-one-half for hours worked over 40 in a workweek due to missed payroll.

ADEL, GA – The U.S. Department of Labor's Wage and Hour Division (WHD) has revoked the certificate of registration for H-2A farm labor contractor Jesus Contreras for violating requirements of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Contreras provided 29 farmworkers to harvest and package mixed green vegetables at VPC Produce LLC/4 Way Farms LLC in Adel, Georgia.

As a result of the violations, the WHD has assessed Contreras $77,885 in civil money penalties and found that the employer owes $1,894 in back wages to 10 farmworkers.