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Five years after leaving their homes in Mexico and Guatemala for jobs promised by owners of two forestry companies and discovering they would not be receiving the wages, benefits and types of jobs described in their contracts, 263 foreign workers will finally receive 1.1 million dollars in unpaid wages after an extensive federal investigation.

The lengthy resolution started with the the Department of Labor revising contracts from 2016 through 2018 presented by Northwoods Forestry Inc. and A&C Forestry Services LLC for their H-2B visa certification processes, both located in Eleva. 

Several violations were identified on requirements of the H-2B visa program, including improper job classification and employment outside the area of intended employment. While employers sought and hired H2-B forestry workers for jobs in Maine, Minnesota, New Hampshire and Wisconsin, investigators found out workers were illegally placed in non-forestry occupations in Eau Claire and Abbotsford, carrying out activities such as: meat processing, painting, construction, landscaping, etc. Northwoods and A&C also failed to properly compensate workers with the prevailing wage rates and overtime and made illegal deductions for transportation and safety expenses. 

Employers paid most workers rates between 12 and 14 dollars per hour, rates well below the prevailing wage rates in violation of H-2B agreements. The Department determined that Northwoods and owners Alfredo and Patricia Aguilar owed affected workers $1,144,693 dollars in back wages and $210,696 in civil money penalties. They also had to provide the Division with contact information of workers in order to help them recover their back wages. 

A plea agreement was entered on January 13, 2023 in the U.S. District Court in Madison in which Aguilar pleaded guilty to one count of fraud and agreed to make restitution for the back wages owed. Chief U.S. District Judge James D. Peterson scheduled sentencing for April 19, 2023. The couple signed an agreement that forbids Northwoods Forestry and A&C Forestry to participate in the H2-B visa program for five years. 

“The H-2B labor certification program exists to help employers fill positions to operate their businesses, and requires them to abide by very detailed terms. Those who wrongly believe they can ignore the law are deeply mistaken and will be held accountable” explained Michael Lazzeri, Wage and Hour Regional Administrator in Chicago.

Northwood Forestry also violated provisions of the H-2B visa program in four more contracts in 2009, 2011 and 2013 in Michigan, Minnesota, Pennsylvania and Wisconsin. In total, the company paid $18,344 dollars in back wages and $23,174 in civil money penalties.

The H-2B visa program allows employers to temporarily hire nonimmigrant workers to perform specific non-agricultural labor while proving that American workers are not available to cover these openings. However, employers in this program are not allowed to act as temporary work agencies, placing workers in several occupations outside of the H-2B contract terms. 

Let’s keep learning about the work by the Wage and Hour Division and other resources in the United States that could help workers stand up for their rights against employers and their many abuses. The Division extends an invitation to use the search tool. 

If you think you are owed back wages and decide to file an online complaint, you can confidentially contact us and ask for support at this toll-free number: 866-487-9243.

You can also download the Timesheet App for Android to make sure your hours and wages are correct.

To read the full note written by the Wage and Hour Division, click here:

https://www.dol.gov/newsroom/releases/whd/whd20230117-1

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