US (NJ): Edison nursery agrees to pay nearly $64,000 in unpaid wages, penalties
Investigators from the Wage and Hour Division’s Southern New Jersey District Office found that the Edison-based company failed to pay workers the proper wages and failed to retain adequate and accurate records for three years. The business will pay $36,615 in civil monetary penalties because of the H-2A violations.
“All employers must honour their legal obligations, not only to domestic workers, but also to workers coming into the U.S. under the H-2A visa program,” said Charlene L. Rachor, director of the Wage and Hour Division’s Southern New Jersey District Office. “Migrant and seasonal U.S. farmworkers and temporary non-immigrant farmworkers are among the most vulnerable and disadvantaged employees. This investigation, and the resulting back wages and penalties, underscore the department’s commitment to using all enforcement tools to protect the rights of employees and to prevent employers in violation of the law from gaining an unfair competitive advantage.”
Under the judgement filed with the department’s Office of Administrative Law Judges, in addition to paying the back wages and penalties, Barton Nursery will be closely monitored at its own expense to ensure compliance with H-2A regulations for three years. The company, which has paid all back wages due, agreed that it will be automatically debarred from participation in the H-2A foreign worker recruitment program for one year if the division uncovers additional violations of the H-2A regulations over the next four years.
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