The Department of Labor and state workforce agencies are reported to be doing more audits than usual of green industry firms. In Colorado, for instance, it is reported that 30 nursery and landscape firms will be audited in the weeks ahead. Nationwide, users of the H-2A and H-2B temporary worker programs have been targeted. Worker misclassification, such as improper claiming of the agricultural exemption from overtime pay for workers who perform tasks outside the definition of agriculture, is a common problem for our industry.

A reminder to ANLA members: your dues investment gives you access to one of the most well-known and respected employment law experts in the business. Monte Lake and his colleagues at CJ Lake, LLP, are available for telephone consultation if you need pointers on how to prepare for, or to survive, a wage and hour audit. Contact Monte at 202/465-3000, and be sure to mention you are an active ANLA member.

Filed under: immigration • H-2A • H-2B