Employees of onion grower Peri & Sons in Yerington, Nevada, will receive more than $2.3 million in back wages following a decision that was announced by the Department of Labor. An investigation by the department's Wage and Hour Division revealed the employer was violating employee rights guaranteed by the H-2A program.
H-2A allows temporary agricultural employees to secure visas, enabling them perform labor in the United States. Throughout their employment, they are eligible for minimum wage and pay for all of their time attendance. According to the investigation, workers were not compensated for time spent in participating in pesticide training that was required by the the employer.
Training, or time spent in any mandatory meetings, must be paid, according to the Fair Labor Standards Act. Any time during which employees are at the will of their employer - performing job duties, waiting for additional tasks or staying with managers to lock doors on the premises - they must receive wages of $7.25 or more.
Employers can avoid these kinds of violations by staying up-to-date on FLSA provisions and using adequate
payroll processing software in their daily operations.
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