New Mexico harvesting company violates FLSA
The Jimenez Custom Harvest company based in Clovis, New Mexico, has been found in violation in the Fair Labor Standards Act (FLSA) by the Department of Labor and will pay $67,000 in back wages to 45 employees on top of $35,625 in penalties.
An investigation by the DOL's Wage and Hour Division revealed the business was violating the H-2A Program, which allows agricultural employers to temporarily hire nonimmigrant foreign workers if they anticipate a deficit of domestic workers to fulfill seasonal agricultural tasks. If employers participate in this program, they are required to uphold labor rights that apply to other employees, such as minimum wage, bonuses and overtime pay.
"Agricultural workers are among the most vulnerable in the workforce and are entitled to be paid properly for all hours worked, including those over 40 in a week," said Cynthia Watson, regional administrator for the Southwest Wage and Hour Division. "The civil money penalties assessed in this case should make it clear that we take compliance with these laws very seriously, and we expect employers to do the same."
Agricultural companies that participate in such programs can ensure they are meeting these standards by using a payroll processing system that accurately tracks and calculates pay for employee attendance.
An investigation by the DOL's Wage and Hour Division revealed the business was violating the H-2A Program, which allows agricultural employers to temporarily hire nonimmigrant foreign workers if they anticipate a deficit of domestic workers to fulfill seasonal agricultural tasks. If employers participate in this program, they are required to uphold labor rights that apply to other employees, such as minimum wage, bonuses and overtime pay.
"Agricultural workers are among the most vulnerable in the workforce and are entitled to be paid properly for all hours worked, including those over 40 in a week," said Cynthia Watson, regional administrator for the Southwest Wage and Hour Division. "The civil money penalties assessed in this case should make it clear that we take compliance with these laws very seriously, and we expect employers to do the same."
Agricultural companies that participate in such programs can ensure they are meeting these standards by using a payroll processing system that accurately tracks and calculates pay for employee attendance.
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