Dive Brief:

• A Pennsylvania swimming pool subcontractor will pay $317,097 in back wages to three U.S. workers and 56 workers from Mexico employed under the federal H-2B guest worker visa program, the U.S. Department of Labor announced April 17. The payments will be made pursuant to a consent order resolving charges that the subcontractor violated the program.
• Following an investigation, DOL’s Wage and Hour Division determined that GSI Pool Finishes paid the workers, hired as cement masons, at a piece rate less than the required wage rate that was offered, according to the DOL. The incorrect rate resulted in the workers being owed $266,627 in back wages, the agency said. GSI Pool Finishes also allegedly failed to conduct drug tests and criminal background checks as advertised; failed to provide inbound, outbound and daily subsistence to workers for their travel to and from the worksite; and failed to properly recruit U.S. workers, among other violations, according to DOL.
• GSI Pool Finishes contested the findings, specifically how the WHD calculated back wages. An administrative law judge found inconsistencies in the evidence and scheduled a hearing, but prior to the hearing, the parties agreed on certain findings. The judge approved the findings and issued the consent order, which requires the company to pay $67,649 in civil penalties in addition to the back pay. The back wages include $50,470 in travel expenses, the DOL said. GSI Pool Finishes did not respond to a request...

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