Gasparilla Inn & Club’s challenge to H-2B findings resolved before federal administrative judge

TAMPA, FL – A U.S. Department of Labor probe into how a Boca Grande resort used the federal H-2B program to employ guest visa workers for seasonal labor has recovered $151,598 in back wages for nine non-immigrant workers and led to $49,401 in civil money penalties for the resort.

The resort recently completed payment of the back wages and fines after it failed to provide documentation to support its February 2022 challenge of the findings of the department’s Wage and Hour Division. In November 2022, the employer entered into a consent agreement before the Office of Administrative Law Judges.

The resolution ends the division investigation that determined Gasparilla Inn & Club violated the temporary H-2B worker visa program by doing the following:

• Applied an uncertified job qualification, and applied their qualification arbitrarily, giving preference to less-qualified H-2B applicants.
• Imposed additional restrictions or obligations on U.S. workers and offered better working conditions to H-2B workers.
• Hired two workers for first-line job duties, but assigned them supervisory duties.
• Failed to reimburse visa fees to some workers, and made others wait years for their fees reimbursement.

“Federal law protects nonimmigrant workers employed under the H-2B program and Gasparilla Inn & Club violated those requirements,” said Wage and Hour District Director Nicolas...

Read Full Story: https://news.google.com/rss/articles/CBMiN2h0dHBzOi8vd3d3LmRvbC5nb3YvbmV3c3Jv...