Katy, Texas-based Terry's Landscape paid over $30,000 in penalties and back wages for two separate violations. After an investigation by the U.S. Department of Labor's Wage and Hour Division, the landscape contractor paid $5,165 in back wages and $20,399 in civil money penalties to settle H-2B non-immigrant visa program violations and $6,472 in back wages for violating the overtime requirements of the Fair Labor Standards Act (FLSA).
Investigators found Terry's Landscape violated provisions of the H-2B non-immigrant visa program requiring non-discriminatory hiring practices when the employer failed to accept referrals of potential U.S. workers up to 21 days before their stated period of need for guest workers. The contractor also failed to reimburse H-2B workers for travel expenses from their home countries.
The company also violated FLSA overtime requirements when it paid foremen flat rates per day, without regard to the number of hours they worked. This practice resulted in violations when employees worked more than 40 hours in a workweek, but were not paid overtime.
“The U.S. Department of Labor will continue to enforce the laws to ensure employers satisfy their obligations under temporary employment certifications, and will work diligently to prevent any practice that prefers foreign workers over qualified local candidates,” Wage and Hour Division Houston, Texas, district director Robin Mallett said in a news release. “The Department is committed to safeguarding American jobs and leveling the playing field for employers who obey the law.”