Wage & Hour Compliance Consultant — Former U.S. DOL Investigator

Led by a former U.S. Department of Labor Wage & Hour Investigator. We Help Employers Nationwide Prevent Costly FLSA, H‑2A, H‑2B, SCA, and DBA Violations

H2B Violations / Attestations and Penalties

  • Job Opportunity 
  • Strike or Lockout
  • Non-discriminatory hiring practices/Hire qualified U.S. applicants
  • Prohibition against preferential treatment 
  • Offered Wage
  •  Incentive Wage Rate
  • Compliance with Other Laws during the Period of Employment  
  • Layoff
  • Prohibited Fees
  • ETA & USCIS Notification
  • Improper Job Classification
  • Accuracy of Temporary Need
  • Impermissible Deductions
  • Productivity Standards
  • Early Termination of Job Order
  • Earnings/Wage Statements
  • Visa/Inbound/Outbound Transportation & Subsistence
  • Employer-provided transportation meets applicable Federal, State, and local laws and regulations
  • Tools, Supplies, and Equipment
  • Copy of Job Order to H-2B Workers
  • Posting Requirements
  • Anti Retaliation
  • Forbidden Fees
  • Recruitment of Former U.S. Workers
  • Cooperation with SWA Referrals
  • Cooperation with Investigators
  • Record Keeping
  • Willful misrepresentation of material fact on the application concerning dates of need, number of workers requested
OffenseRegulation CitationOld FineNew Fine
H-2B failure to correctly pay employees29 CFR 503.23(b)$14,960$15,445
H-2B layoff or refusal to employ29 CFR 503.23(c)$14,960$15,445
H-2B willful misrepresentation of material fact or willful failure to meet terms and conditions29 CFR 503.23(d)$14,960$15,445

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