An investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) revealed that Juan Vizcaino (doing business as Vizcaino LP in Odessa, Texas) violated provisions of the H-2B visa program for failing to properly record all hours that employees worked. Vizcaino did not count the time spent when employees loaded and unloaded equipment before and after their scheduled shifts, therefore resulting in Vizcaino failing to pay overtime when employees worked over 40 hours a week.
Vizcaino was cited with additional violations for failing to provide employees with required earnings statements on a regular basis, and for employing workers outside the geographic area of intended employment that was specified in the temporary employment certification filed with the Department.
As a result of these violations, Vizcaino was required to pay $45,945 in back wages to 22 employees hired under the H-2B visa program and 2 U.S. workers. The employer also paid $24,120 in penalties to settle the H-2B violations.
If you are concerned about your company’s H-2B compliance, contact our firm online or call us at 212-203-4795.