A Florida hospitality company owes thousands in unpaid wages to Jamaican seasonal workers.
An investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) found By The Sea Resorts Inc. owes $38,513 in backpay to 117 workers, reports The Miami Herald. The company will also pay a $12,695 civil fee. By The Sea owns several hotels and restaurants in Panama City, Florida, including Beachbreak, Legacy, Shalimar Retreat Center, Sugar Sands, Chateau, and Ocean Breeze.
The workers were hired under the H-2B visa program, which allows non-permanent foreign workers to work jobs outside of the agricultural industry. The investigation determined the company would list the hires as housekeepers and place them in other positions to save money.
“The employer violated the H-2B provisions by placing those employees in occupations not listed on the temporary employment certification that they submitted, such as front desk personnel, dishwashers, and bartenders, while paying them as housekeepers,” the Department of Labor said in a press release.
Investigators also discovered By The Sea deducted unpaid breaks from their workers’ pay even if they worked through the break.
“These deductions led to FLSA overtime violations when the employer deducted time for breaks that workers did not take and this unpaid and un-recorded time resulted in the employees working more than 40 hours in a workweek,” the DOJ said.
WHD District Director Daniel White wants to ensure companies treat their employees right.
"Employers seeking H-2B workers must abide by all of the program's requirements, including placing those workers only in occupations listed in their employment certifications," White said. "The U.S. Department of Labor will continue to safeguard American jobs and level the playing field for law-abiding employers. We encourage employers to contact the Wage and Hour Division by phone, online, or to attend any of our many outreach events for assistance and to learn more about their responsibilities."
