By Preston Huennekens
CIS Immigration Blog, January 31, 2018
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Owner Mary Breen said that her business "sometimes has trouble finding seasonal workers" and attempted to use the H-2B visa program to hire temporary foreign workers.
DOL stated that she advertised positions for counter attendants that paid between $8.79 to $9.09 an hour. She then subsequently hired foreign workers at $10-$13 an hour. DOL stated that "American workers might have taken the jobs if the actual rates had been properly advertised."
Bread and Roses Bakery Inc. committed other H-2B violations as well. Although they advertised the positions as counter attendants, nine foreign workers were subsequently used as bakers and were paid below the prevailing wage. In addition, the bakery paid no overtime to 45 employees and refused to reimburse the H-2B workers for visa expenses normally covered by employers. Unrelated to the H-2B violations, the bakery violated hourly work restrictions for an employee under the age of 18.
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