Following an investigation by the Department of Labor's (DOL) Wage and Hour Division, ice cream truck company Popsy Pop has agreed to pay 55 employees $34,200 in back wages for allegedly lying about the pay workers would earn among other violations of the Immigration and Nationality Act's H-2B measures pertaining to nonimmigrant workers.

The DOL allows businesses to recruit foreign employees if they need temporary help during a peak season or to handle a particularly large job. However, employers who do so must be able to demonstrate they are paying those workers according to prevailing wage standards and extending the rights owed to American employees.

The Fair Labor Standards Act (FLSA) requires that employees be paid at least $7.25 per hour for all of their time and attendance in addition to premium wages at one-and-a-half times that rate for any hours worked past 40 each week.

Employers can demonstrate their compliance with the FLSA by keeping accurate records of employee attendance and maintaining up-to-date payroll documents. That way, any changes in compensation plans or job duties can be noted, should any questions arise regarding proper compensation. 

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