Update: U.S. Department of Labor fines Bluffton resort over wage violations, officials say
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This story has been updated with a correction from the U.S. Department of Labor.
A Bluffton resort has been ordered to pay back wages and penalties after the U.S. Department of Labor found it violated a visa program and underpaid employees, according to officials.
Montage Palmetto Bluff should have hired a qualified U.S. worker who applied for a job as a cook, the U.S. Department of Labor’s Wage and Hour Division said after its nine-month investigation that ended in August 2018. Montage Hotels & Resorts, based in Laguna Beach, California, failed to adhere to conditions of the H-2B visa program and was ordered to hire the worker, pay her $8,301 — what she would have earned had she been hired initially — and pay an $8,301 fine.
The department, which earlier had said Montage’s H-2B agent illegally charged visa fees to non-immigrant guest employees, later corrected its statement, saying the Wage and Hour Division did not find that Frisco, Texas-based Practical Employee Solutions unlawfully charged visa fees to the employees.
“Companies looking to participate in the H-2B visa program must ensure they do not bypass qualified American workers in favor of non-immigrant workers,” said Jamie Benefiel, wage and hour district director in Columbia. “We encourage employers to contact the Wage and Hour Division by phone or online, or to attend any of our many outreach events for assistance and to learn more about their responsibilities. Violations like those found in this case can be avoided.”
“Companies looking to participate in the H-2B visa program must ensure they do not bypass qualified American workers in favor of non-immigrant workers,” said Jamie Benefiel, wage and hour district director in Columbia. “We encourage employers to contact the Wage and Hour Division by phone or online, or to attend any of our many outreach events for assistance and to learn more about their responsibilities. Violations like those found in this case can be avoided.”
The investigation has concluded, and no further legal action is expected, according to Eric Lucero, a spokesman for the Department of Labor.
For more information about the H-2B program and other laws enforced by the Wage and Hour Division, call 866-487-9343 or visit www.dol.gov/whd. Employees who suspect minimum wage or overtime violations may report the suspected violations without litigation through the PAID program.
This story was originally published August 7, 2019 at 10:52 AM.
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