- Written by Jizell Lopez
A common pitfall that we see on nearly a daily basis is employers putting documents in an employee’s personnel file that don’t belong. In particular, a common mistake is maintaining one large personnel file as a “one-stop shop” that includes nearly every document relating to that employee. The problem is that certain documents should not be kept in the personnel file and must, in accordance with the law, be kept separate.
- Written by Jennifer Schermerhorn, Rebecca Hause-Schultz, and Hannah Fortin
DOL Granted Hearing on H-2A Fines as Requested by Washington Berry Farm
On Tuesday, the Department of Labor (“DOL”) published a news release titled “U.S. Department of Labor Files Lawsuit After Investigation Finds Washington State Farm Discriminated Against American Workers.” After being found in violation of the H-2A program for allegedly giving preferential treatment to H-2A employees over domestic employees, Sakuma Brothers Farm (“SBF”) and the Washington Farm Labor Association (“WFLA”) were fined $123,825 and $750 in civil money penalties, respectively. Additionally, the DOL determined that $9,599 was due in back pay to an “eligible” U.S. worker who was not hired and to workers who drove buses to the farm. The news release goes on to state that SBF provided housing in a way that benefited H-2A employees more than U.S. employees, and it quoted Regional Solicitor of Labor Janet Herold, saying that “[t]his lawsuit reflects the Department’s commitment to strictly enforce our nation’s immigration rules that protect both U.S. and workers part of the visa programs…While this farm has taken steps to correct its practices, we seek to hold accountable those who unlawfully discriminate against American workers.”