“It is imperative that employers comply with applicable laws that protect the health and safety of their workers,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “Every worker deserves to go home safe at the end of a workday, and the employees at C.J.’s Seafood are entitled to nothing less.”
OSHA’s Baton Rouge Area Office conducted an investigation of the company’s facility in Breaux Bridge, where employees peel and boil seafood. Some of the serious violations cited pertain to the building not being equipped with fire extinguishers, exit signs or emergency eyewash stations. In addition, electrical breakers were not labeled, electrical outlets were not covered, an exit was blocked and temporary wiring was being used instead of permanent wiring. Finally, the employer did not have a written hazard communications program and did not make material safety data sheets available to employees to inform them of hazards in the workplace. These citations carry proposed penalties of $32,200. A serious violation is one in which there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The other-than-serious violation involves failing to maintain the OSHA 300 log, in which employee injuries and illnesses must be recorded. This citation carries a monetary penalty of $2,100. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
C.J.’s Seafood has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s Baton Rouge area director or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.
The Wage and Hour Division’s New Orleans District Office conducted an investigation that found C.J.’s Seafood violated the FLSA’s minimum wage, overtime compensation and record-keeping requirements by paying “straight time” instead of the required overtime rate for hours beyond 40 in a workweek; making illegal deductions from employees’ wages for items required by their jobs, such as gloves, hairnets and aprons; and failing to maintain records of the hours employees worked. The employer also violated H-2B provisions by misrepresenting its temporary need for foreign workers, including the dates of need and number of workers needed, and also by failing to pay the required wage rate.
“Thisemployer took illegal advantage of the H-2B program, which put it in a positionto undercut its competition that plays by the rules,” said Nancy Leppink, deputyadministrator of the Wage and Hour Division. “American workers seeking jobsshould not be compelled to accept substandard wages and working conditions dueto employers’ abuse of temporary foreign worker visa programs.”
Atotal of $76,608 is due to the 73 workers, and the company is liable for anadditional $70,014 in liquidated damages. The division also has assessed $32,120in civil money penalties under the FLSA for willful violations of the employer’sobligation to pay overtime and $35,000 in civil money penalties for willfulviolations of the H-2B program.
C.J.’s Seafood has refused to pay the full amount ofback wages that the division found due, and the liquidated damages and civilmoney penalties. The division will pursue all appropriate administrative andlegal remedies to the full extent of its authority. These may include legalproceedings before the Labor Department’s Administrative Review Board and infederal district court.
The FLSA requires that coveredemployees be paid at least the federal minimum wage of $7.25 per hour for allhours worked, plus time and one-half their regular rates, including commissions,bonuses and incentive pay, for hours worked beyond 40 per week. Employers alsomust maintain accurate time and payroll records.
The H-2B guest worker programpermits employers to temporarily hire nonimmigrants to perform nonagriculturallabor or services in theUnited States. The employment must beof a temporary nature, such as a one-time occurrence or for a seasonal or peakload need. The program requires the employer to attest to the Department ofLabor that it will offer a wage that equals or exceeds the highest of theprevailing wage, applicable federal minimum wage, state minimum wage or localminimum wage for the occupation in the area of intended employment during theentire period of the approved certification. Additionally, certain recruitmentand displacement standards have been established in order to protect similarlyemployed workers in theUnited States.
Under the Occupational Safety and Health Act of 1970,employers are responsible for providing safe and healthful workplaces for theiremployees. OSHA’s role is to ensure these conditions forAmerica’sworking men and women by setting and enforcing standards, and providingtraining, education and assistance. Employers and employees with questionsregarding workplace safety and health standards can call OSHA’sBaton Rougeoffice at225-298-5458 or the agency’s toll-free hotline at 800-321-OSHA (6742) to reportworkplace incidents, fatalities or situations posing imminent danger to workers.For more information, visithttp://www.osha.gov.
(from Obama press release)