A few months ago we told readers about a case brought by a temporary foreign worker imported to Idaho and Utah to work in the mountains splitting and packing granite rock under a temporary H-2B visa. The H-2B regulations required that the employer pay the worker a prevailing wage of $9.18 per hour, with time and a half for overtime. The reason for this requirement is to protect the wages and working conditions of U.S. workers from being undermined by the use of temporary foreign workers under substandard conditions.
However, workers at the mountain quarries involved in this case were paid on a piece rate basis, without any compensation for the many hours of overtime they worked. Our client filed suit against the quarry company and its principal owner for violation of the Fair Labor Standards Act and the H-2B regulations in U.S. District Court in Idaho with the able help as local counsel of former NWJP board member Maria Andrade and her associate Chris Christensen from Boise.
This case was recently settled to the worker’s satisfaction.