NY company ordered to pay $1M for Labor Act, H-2B program violations: DOL

SOUTHAMPTON, N.Y. (PIX11) – A landscaping company in Southampton has been ordered to pay $1 million in back wages for failing to comply with the Fair Labor Standards Act (FLSA) and the H-2B worker program, the U.S. Department of Labor announced on Wednesday.  

“The U.S. Department of Labor will pursue all necessary legal actions to ensure that employers are held accountable when they fail to uphold their obligations to comply with federal laws,” said Regional Solicitor of Labor Jeffrey S. Rogoff. 

Dario’s Landscaping violated the FLSA by not paying employees for overtime hours, authorities said. The company also falsified work documents to cover wager violations, according to officials.

An investigation by the Department of Labor found the landscaping company failed to pay H-2B workers at the correct rate. They also threatened that workers would not be re-hired if they cooperated with the investigators and coached workers to give false testimony, authorities said.

“Unfortunately, H-2B program workers are vulnerable to being shortchanged by employers,” said Wage and Hour Division District Director David An in Westbury, New York. “H-2B employers that willfully disregard the law could face debarment and costly penalties.”   

The H-2B program allows employers to hire foreign workers to come to the U.S. temporarily and perform temporary nonagricultural services or labor seasonally. 

Dario’s Landscaping has been ordered to pay $484,690 in FLSA back wages and an equal amount in liquidated damages to 54 workers. The company will also pay an additional $31,710 in back wages to 29 of the workers and will also pay civil penalties of $98,908. In total, the employer will pay $1.1 million, plus $12,021 in post-judgment interest, and will be debarred from the H-2B program for one year.  

The order also requires that Dario’s Landscaping engage a compliance consultant, train managers, and educate workers about their rights.