Government & Politics  May 22, 2018

Windsor concrete company pays labor law fines

WINDSOR — A Windsor concrete company has paid penalties to settle a wage and hour complaint that also involved visa program violations.

The U.S. Department of Labor has reported that Coloscapes Concrete Inc. has paid $21,750 in back wages and $31,496 in civil penalties to settle H-2B non-immigrant visa program violations. The company also paid $6,454 to resolve overtime and recordkeeping violations of the Fair Labor Standards Act.

The Wage and Hours Division found Coloscapes violated provisions of the H-2B nonimmigrant visa program by collecting a $1,000 recruitment fee in cash from H-2B workers and by accepting kickbacks from reimbursement checks intended to compensate employees for visa fees and inbound transportation costs from their home countries.

SPONSORED CONTENT

Solar Operations and Maintenance for Commercial Properties

One key qualification to consider when selecting a solar partner to install your system is whether they have an Operations and Maintenance (O&M) or service department. Since solar is a long-term asset with an expected lifecycle of 30 plus years, ongoing O&M should be considered up front. A trusted O&M partner will maximize your system’s energy output and therefor the return on your investment.

The H-2B program permits employers to hire nonimmigrants on a temporary or seasonal basis to perform nonagricultural jobs. The program requires the employer to attest that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the state minimum wage, or local minimum wage. It also requires recruitment and displacement standards in order to protect similarly employed U.S. workers.

Coloscapes also violated provisions of the H-2B program when it paid U.S. workers less than it paid similarly employed guest workers, and when it laid off U.S. workers shortly before hiring guest workers to perform the same work. The Department of Labor said the company failed to pay overtime to 27 cement masons and concrete finishers and failed to maintain complete and accurate records. The overtime violations resulted when payroll deductions for the employee’s housing exceeded the limits allowed under the law.

“The U.S. Department of Labor ensures the recruitment and displacement standards of the H-2B program are followed in order to protect American workers,” said Betty Campbell, administrator in the Wage and Hour Division. “We encourage employers to reach out to our local offices for confidential assistance with any of our labor laws, or to visit our website to make use of the numerous tools we provide to help them understand their legal obligations.”

More information about the fair labor standards act can be found here.

Editor’s note: Coloscapes listed Windsor addresses until 2017 when its location as reported to the Colorado Secretary of State was changed to Loveland. The company’s website now says that it is based at 3518 Drafthorse Court, Loveland.

WINDSOR — A Windsor concrete company has paid penalties to settle a wage and hour complaint that also involved visa program violations.

The U.S. Department of Labor has reported that Coloscapes Concrete Inc. has paid $21,750 in back wages and $31,496 in civil penalties to settle H-2B non-immigrant visa program violations. The company also paid $6,454 to resolve overtime and recordkeeping violations of the Fair Labor Standards Act.

The Wage and Hours Division found Coloscapes violated provisions of the H-2B nonimmigrant visa program by collecting a $1,000 recruitment fee in cash…

Ken Amundson
Ken Amundson is managing editor of BizWest. He has lived in Loveland and reported on issues in the region since 1987. Prior to Colorado, he reported and edited for news organizations in Minnesota and Iowa. He's a parent of two and grandparent of four, all of whom make their homes on the Front Range. A news junkie at heart, he also enjoys competitive sports, especially the Rapids.
Sign up for BizWest Daily Alerts