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Wage and Hour Division cites three separate legal actions over two staffing firms, one employer

July 18, 2019

The US Department of Labor’s Wage and Hour Division cited legal actions against a hotel staffing firm in Florida over overtime pay, an IT staffing provider in California over H-1B violations and a North Carolina employer over H-2B visa violations.

  • Brooks Hospitality Corp, which operates the Comfort Suites Maingate East in Kissimmee, Florida, and hotel staffing firm Gemini Global, paid $64,786 in back wages to 100 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act, the US Department of Labor’s Wage and Hour Division reported last week. Employees hired through Gemini Global were paid straight time for all hours worked, even when they worked more than 40 hours a week, according to the division. The hotel operator told the Orlando Sentinel that the mistake was made by the staffing firm.
  • Login Consulting Services Inc., a staffing firm based in El Segundo, California, paid $58,815 to two employees after the US Department of Labor’s Wage and Hour Division found violations of the H-1B foreign labor certification program. The firm illegally charged one employee for visa petition fees, which the law requires employers to pay, according to the division. The firm also benched that worker. In addition, the investigation found another employee was paid less than the hourly rate guaranteed in the Labor Conditions Application submitted when applying to the H-1B program.
  • Biltmore Workforce Management Inc., based in Asheville, North Carolina, paid $6,938 in back wages to a US applicant for violating labor provisions of the H-2B visa program, the US Department of Labor’s Wage and Hour Division reported Wednesday. The employer also paid a civil penalty of $24,076. The division reported the company found a US applicant interested in a cook position to be overqualified and instead hired a guest worker through the H-2B visa program. This violated the H-2B program’s labor provisions that require participating employers to hire qualified US workers over nonimmigrant applicants. The division also reported the employer offered a reduced weekly housing rate to nonimmigrant employees but did not notify US applicants of the reduced rate.

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