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Settlement Reached in Case Between Department of State's Wage and Hour Division and Landscaping Company for H-2B Violations

The Labor Department announced December 31, 2019 that Landscaping company Silvis Group, Inc., of Mount Pleasant, Pennsylvania, has agreed to pay $74,290 in back wages and penalties, and be subject to three years of third-party auditing, for violating the rules of the H-2B temporary foreign nonagricultural worker program.

An investigation by the department’s Wage and Hour Division found that Silvis Group’s “substantial and willful” violations included denying jobs to two qualified U.S. workers, misrepresenting work dates and the number of foreign workers needed in its labor certification forms, incorrectly calculating and failing to pay overtime, impermissibly docking wages for uniforms and housing, and failing to prohibit third parties from seeking payment from employees.

The Wage & Hour Division also cited Silvis Group for “actively working to hinder” its investigation.

"The H-2B visa program includes specific requirements employers must follow to participate. When employers fail to comply with these requirements, we will hold them accountable,” WHD District Director John DuMont said.