The investigation of the Hours and Wages Division of the department determined that Triad Associates Inc. did not pay certain people with H-2B visas the appropriate overtime rates for hours worked above 40 in a work week, which constitutes a violation of the Fair Labor Standards Law. He also found that Triad Associates did not keep accurate records of the hours that unsafe salaried personnel worked. The division recovered $ 61,215 in back wages and an equivalent amount of damages owed to six employed persons, to resolve FLSA violations. The investigation also identified violations of the provisions related to H-2B in the Immigration and Nationality Law. Specifically, the division found that Triad Associates did the following illegally:

• It did not comply with the prohibition of preferential treatment, which resulted in the division recovering $ 138,763 in back wages for 13 staff members.
• He paid less than the salary rate offered for bricklayers and pavement builders. The division recovered $ 503,704 in back wages for 47 staff members.
• It placed staff in an approved job classification and made unauthorized deductions from staff salaries.
• He did not pay the entry and exit travel expenses or the maintenance costs of the H-2B personnel.
• He was not complying with mandatory recruitment activities, including contacting ex-US personnel while trying to fill vacancies.
• He did not keep the necessary documents.

In addition to recovering back wages, the division imposed civilian fines on Triad Associates for $ 5,694 under FLSA and $ 117,949 under the H-2B program, which the company has paid for.

"H-2B program staff are often vulnerable to lower wages and other violations of their rights," explained District Director of Hours and Wages, Carlos Matos, in Boston. "Companies employing H-2B personnel must comply with the law or face possible expulsions from the program for not following certain rules".

To ensure future compliance with H-2B standards, Triad signed an agreement with improved compliance provisions, which requires that you hire someone to monitor compliance, who must have the approval of the Division of Hours and Wages. The person performing such a checkup will report to the division, including an assessment of whether Triad complies with current laws.

The H-2B work visa program allows companies to temporarily hire nonimmigrants to perform jobs or provide non-farm services in the United States. Employment must be temporary and for a specific limited period, as for the only time, seasonal, peak consumption or intermittent need.

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