MINNEAPOLIS – An administrative law judge has dismissed a Minnesota company’s notice of contest and affirmed the U.S. Department of Labor finding that the employer violated a federal program that allows foreign, non-agricultural workers with H-2B visas to temporarily work in the U.S.
Issued on May 26, 2022, the judge’s order comes after Solem Concessions Inc. – a Rochester-based operator of concession stands that travel to state and county fairs, music festivals and other public events in eight states – failed to provide documentation to support its challenge and engaged in a pattern of persistent disregard over the courts’ orders and discovery requests by the Department of Labor. The 30-day period for appeal expired without response from the employer.
Investigators with the department’s Wage and Hour Division identified several violations of the temporary H-2B worker visa program by the employer, and found Solem Concessions owed $148,631 in back wages to 35 non-immigrant H-2B workers hired by the company to staff its stands. The H-2B violations also led the division to assess $54,905 in civil money penalties.
“Federal labor law provides worker protections for nonimmigrant workers employed under the H-2B program and Solem Concessions Inc. violated those requirements, said Wage and Hour District Director Kristin Tout in Minneapolis. “The Department of Labor protects non-immigrant workers’ rights and is diligent in its efforts to ensure they receive the wages they earn....
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