I Compliance Action Report US. Department of Labor Wage and Hour Division Case ID: 1642289 Local Filing Number: 201246008232 WHMIS Case Number: Registration Date: 01/12/2012 Assignment Date: 03/01/2012 Originating District: New Orleans LA District Of?ce Investigating. District: New Orleans LA District Office Lead Investigator: Emnloxer Information Trade NamezTroy Craig West Farms Legal Name: LT. West, Inc. Address: 3769 Hwy. 95 BIN: Est-4 i-i. County: Evangeline NAIC Code: 1 12512 Mama", LA 70554 No. Of Employee Investigation Information Period Investigated From: 06/22/2010 BNPI: To: 06/21/2012 Reinvestigalion: El Investigation Type: Recurring Violation: Investigation Tool: Full Investigation Future Compliance Agreed: El Compliance Status: Agree to Comply El Rd Involved in AG: Violation 1 Compliance Status Violations e: 273": tempts!ch izli?fs A?l?t? 1:53; Sigzii'f?t? No Violation found for this act/ Compliance (no violations found) Violation] Compliance Status Violations BWs Computed EEs ATP BWs Agreed Date: 08/17/2012 11:50:16 AM Case lD: 1642289 Page 1 :rv- 1 we ==muwun?m' z: . . raven: y. WHISARD Compliance Action Report Failure to keep accurate records Agree to 1 Comply FLSA BW Totals: 0 $0.00 0 $0.00 Total Violations Under FLSA 1 $0.00 g: . .1 Violation Compliance Status BWs Computed EEs ATP BWs Agreed Failed to comply - earnings records 6 reqs (2008 2010 Rules) Agree to Comply $6,300. 00 29 Falled to comply - frequency of pay 1 reqs (2008 2010 Rules) Agree to Comply $900.00 HZA BW Totals: 0 $0.00 0 $0.00 Total Violations Under HZA 7 $7,200.00 I Violations Violation Compliance Status 'l?s?n {Twin-gnaw} E3135. iffy 55.34;;sz No Coverage under this ACT Not Applicable OSHA BW Totals: 0 $0.00 0 $0.001 CMPs computed do not necessarily CMPs assessed. Unduplicated Employees Found: 0 Unduplicated Employees Agreed: 0 Total Amount Agreed: $0.00 Total Amount Computed: $0.00 ., - 2012 H-2A survey. H-2A CMPs - record keeping (6)/freq of pay 1) $7,200. No H- 2A BWs due. 3 s)1 A) cov. FLSA RK vlos. 13(b)12 applicable. Only H-2A EEs employed. MSPA cov. but no vlostcone on 8/15/12. ER ATFC of all Acts. :?E?xgc; Iv ff?: Pubs mailed to ER 8/17/12. 08/1 7/2012 WHI Sigma Rcvicwcd Date: 08/17/2012 11:50:17 AM D340: 1642289 Page 2 Compliance Action Report Migrant And U.S Department of Labor - Seasonai Agricultural Protection Act Wage and Hour Division New Orleans LA District Office 7. SPECIAL 1W 8. SUBJECT OF THIS REPORT AGRICULTURAL EMPLOYER AGRIEUILTURAL EMPLOYER REGISTRATION NO. Troy Craig West Farms LCASE NUMBER 1642239 22039 CITY STATE ZIP I. - NNC CODE 3769 Hwy. 95 Mamou LA 70554 112512 INVESTIGATION CITY STATE ZIP couer cons .- . . 13. TYPE or: ASSIGNMENT H. INVESTIGATION PROGRAM Is. ACTION FULL INVESTIGATION 121 RECURRINO VIOLATIONS El REINVESTIGATION [1 NO i2! OTHER El HOUSING INSP i2] ?16. STATUS OF COMPLIANCE 17. cnew 0 19. Win. THERE BE 20. COMPLIANCE HRS 22. OF INVESTIGATION FURTHER ACTION I. 3. NON cowumce WW 06/22/2010 amumumcewmmealsm ANONMJCARIE SEASONAL CREWO Yes 0 06/21/2012 23. ITINERARY OF FLC Oi Fall in disclose conditions to workers 02 Fail to post poster at womsite 1 05 Misreweaenung conditions to workers 04 Dream of working arrangements with workers 1 05 Fail to make?reep employer records 1 06 Fail to provide wage statement to workers 1 07 Fail to provide records 08 Fail to maintain records provided by FLC 09 Fail to pay Rages when due to Restrict Workers in purchase oigood: and services it Fail to post housing conditions 12 Fall to ensure housing safety and heaiIh 13 Fail to provide safe transport vehicles 14 15 Fail to obtain prescribed insurance coverage 16 Utilizes services of unregistered FLC 1 no _o .- 1 7 Discriminate against workers testifying, etc. 1 is interfering with 00L ot?ciai during hvestioabon 1' 19 Fail to register 20 Fail to register errpioyoo 21 Fail to ?hint certi?cate 22 Knowhgiy made misrepreuentution on oppiioation 23 Fail to comply with court judgment or iinai order 24 Was not the real party in interest 25 Transporter! Workers without oerti?cate'oi authorization 26 Housed workers without certi?cate memorization 27 Fail to provide change oi pammnont address 28 Fail to appiyto amend certi?cate Unknown 0MP Violation with 25. DATE Follow Up investigation Civil Money Penalties 503 08/ 1 7/2012 . . I Admn ActIon 103(3) Criminal Action 501(a) 26. DISTRICT DIRECT I DATE 8 Zi I cIvIIAcxion 502 DonialoiEmpi.Svd. 101(Date: 08/1 was A A WH-500 WHISARD Case iD: 1642289 Page 1 Case Number 1642289 27. Comments: 75.75 hrs. 1 - 2012 H-2A survey. H-2A CMPs - record keeping (6)]freq of pay (1) $7200 No H-2A BWs due- 3(3)1 cov. vios. 13(b)12 applicable. Only H-2A EEs employed. MSPA cov. but no vios. No OSHA cov. FC held with Troy, Craig, and Cindy West via teleconference on 8/15/12. ER ATFC of all Acts. Pubs mailed to ER 8/17/12. 28. List of Working for Subject Of This Investigation Name Registration No. Effective Date Social Security No. WH-SOO Date: 08/17/2012 11:53:15 AM Page 2 Case lD: 1642289 an? 7n 1n.n"un Troy Craig West Farms LT. West Inc. Case ID: 1642289 Local Filing 2012-260-08232 Troy Craig West Farms Refer future correspondence to: L.T. West Inc. Mr. Troy West 3769 Hwy. 95 PO. Box 190 Mamou, LA 70554 Cell: 337-831-5532 (Craig West) Chataignier, LA 70524 Cell: 337?831-1955 Fax: 337-468-4588 Fax: 337-885-2146 EIN: (L.T. West Inc.) H-ZA NARRATIVE REPORT COVERAGE Nature of Business: Troy Craig West Farms is an agricultural ?xed site employer, which operates to grow and harvest rice, soybean, and crawlish on approximately 2600 acres of farmland. Troy Craig West Farms is an equal partnership between Lucas Troy West and James Craig West. Each purportedly holds 50% ownership in the business. The employer leases the majority of the farmland which they utilized. The employer has been engaged in agricultural operations since 1996. These farming operations are based out of a facility located at140 Justice Lane, hataignier, LA 70524. Rice goods are sold The elnploycr was found to employ up workers to perform the required agricultural work associated with these particular farming operations. The employer also operates as a crawfish wholesaler, peeler and packager. This business is registered in Louisiana under the legal name LT. West, Inc. (See exhibits Lucas Troy West and James Craig West are listed as Officers of the company, and each purportedly holds 50% ownership interest. James Craig West and his wife, Cathy West, were found to be the primary employers who ran and oversaw the crawfish peeling, packaging, and wholesale Operations. Such operations were conducted from a peeling plant/warehouse located at 3769 Hwy. 95, Mamou, LA 70554. Along with their own craw?sh farming operations, L.T. West, Inc. buys crawtish from 8 to 10 other farmers/fishermen in the area. According to Craig West, more than 90% of the crawfish which they boil, peel and package using H-2A workers come from their own farm; although only 33% to 40% of their total crawfish product comes from Troy Craig West Farms directly. They then sell both live and peeled craw?sh to customers within and outside of Louisiana. The employer sells the goods to buyers including but not limited to: up to 22 additional workers to perform these required craw?sh boiling and peeling functions. MODO: Troy Craig West Farms is headquartered in Chataignier, LA, and LT. West, Inc. is headquartered in Mamou, LA. The two establishment locations are approximately 4.5 miles apart. Therefore the MODO is the Wage Hour New Orleans District Office. 06/22/2010 through 6/21/2012. H-ZA Narrative Report Page 1 of 8 Troy Craig West Farms LT. West lnc. Case ID: 1642289 Local Filing 2012-260-08232 The subject H-ZA employer made applications for temporary employment certification (ETA Form 9142), which were approved by the Employment Training Administration under 20 CFR 655 Subpart B. At the time of this investigation, the employer employed ?ll-2A. workers and 0 local workers. The subject H-ZA employer was covered under four separate job orders within the two year investigation period. Three of which were under the 2010 regulations, and one under the 2008 H-2A regulations. Certifications Approved Under 2010 l-l?2A Regulations: ETA Case C-11329-30574 ETA Case C-12012-31609 Job Order 401167 Job Order 404857 Job Order 369131 Job Title: General Farm Worker Job Title: General Farm Worker Job Title: General Farm Worker Employment Area: Evangeline Parish Employment Area: Evangeline Parish Employment Area: Evangeline Parish Crop Activity: Rice/Soybean/Crawfish Crop Activity: Crawfish Crop Activity:Rice/Soybean/Crawfish Cert. Period: 1/25/12 11/25/12 Cert. Period: 3/4/12 6/15/12 Cert. Period: 1/25/11 .1 11/25/11 of workers requested: 6 of workers requested: 15 of workers requested: 35 H-ZA workers approved: 6 H-ZA workers approved: 15 H-ZA workers approved: 35 ETA Case C-10327-25574 Hours Weekly: 35 Hours Weekly: 40 Hours Weekly: 40 Rate of Pay Rate of Pay: Rate of Payiw Sec Exhibits -11 through C?ll-h See Exhibits C-12 through C-lZ-h Sec Exhibits 013 through C-13-i W: Note: Application accepted by ETA on November 20, 2009. ETA Case C-09317-20917 Job Order #2 342105 Job Title: General Farm Worker Employment Area: Evangeline Parish Crop Activity: Rice/Soybean/me?sh . Cert. Period: 1/25/10?? 11/25/10 of workers requested: 35 H-ZA workers approved: 35 Hours Weekly: 40 Rate of Pay: See Exhibits (3-14 through C?14~l Workforce: The employer employed between . employCOS total per pay period, depending on the seasonal need. The employer was not found to employ any local or US. workers, and was only found to employ H-2A workers during thisinvestigation period. See profile pay period within exhibits D-92 through D-95. LT. West, Inc. employed (2012) to (2011) workers to peel crawfish during the crawfish season alone, which generally began in early April and lasted through May. See exhibits D-14 through D-87 for. transcriptions and copies of employment records. EXEMPTIONS No H-2A exemptions were claimed by the employer, and no exemptions were found applicable. Narrative Report Page Troy Craig West Farms L.T. West Inc. Case ID: 1642289 Local Filing 2012-260-08232 STATUS OF COMPLIANCE History: found no prior history of employer, L.T. West, Inc. or Troy Craig West Farms, with The employer was found to employ up to 4 H-2A workers in the fields catching crawfish and otherwise working within rice, soybean, or crawfish production. The period for which laborers were needed to perform such tasks is February through November, as demonstrated by the payroll records. For reference purposes, the craw?sh harvesting season in Louisiana could begin as early as December and typically ends by July, depending on weather conditions. The employer employed up to 22 additional workers during April and May to boil, peel, and package craw?sh. Both the H-ZA workers employed in the ?elds, and those employed in crawfish peeling/packaging functions, were brought in under the same H-ZA certi?cations during the 2010 and 2011 periods each certification having a validity period of 1/25/10 11/25/10. The employer again received an H-2A certi?cation for the period 1/25/12 11/25/12 (6 ?eld workers), but also received a separate certi?cation for the period 3/4/12 6/ 15/12 (15 peel/package workers). No separate certi?cation was sought for the peeler/packagers in 2011 or 2010. Violatigns found under the 2010 Regulations Housing 655.122td): A housing inspection was conducted of the one facility being utilized by workers at the time of the investigation. The address of the housing unit inSpected was 6122 Main St, Chataignier, LA (See exhibit D-116). On 06/21/2012, a walk through of the housing was performed and no violations were found. Inspections of other housing units were not conducted as no workers were living in the facilities at the time of this investigation. Inbound/Outbound Transp ortation. (2): The employer was unable to provide any records of the inbound or outbound transportation being paid on behalf of employees. However the employer maintained that the firm paid all inbound and outbound transportation costs and the single employee available for interview con?rmed the employer?s allegation (See exhibit Therefore no violation was cited and no back wages were computed. Transportation 655122113113} (41: The employer provided the H-2A worker with his own vehicle for the purpose of tranSportation to the work sites from the provided housing, and for general tranSportation on and about the farm and local area.?An inspection under the DOL standards, 29 CFR 500.105, was performed of the vehicle used by the H-2A worker (See exhibits D-113 through Dw115). The driver of the vehicle was found to possess a current Louisiana driver?s license (See exhibit D-112). No violations were found with respect to the transportation provided. Three-fourths Guarantee 655 .122(i): There were no guarantee violations found, back wages computed, or civil money penalties assessed as a result of this investigation as explained below. Narrative Report Page 3 of 8 Troy Craig West Farms/ LT. West Inc. Case ID: 1642289 Local Filing #2 201226008232 Potential violations occurred during 2012 and 2011 certification periods as workers were thought to be sent home by the employer at the end of the crawfish peeling/packaging season due to lack of work (See exhibits D-l through D-12, and D13). The potential 3% guarantee violations were only found to affect those solely employed in craw?sh peeling and packaging, which lasted from early/mid April through mid/late May. Others employed in the ?elds catching craw?sh and otherwise working in the craw?sh, rice, and soybean fields were not found to be affected as their work lasted from March through November during the 2011 season (See exhibits through D-98). C-12012-31609 Three-fourths (3/4/12 6/15/12) - The workers appear on the employer provided payroll/time records from the weeks ending 04/14/12 until 05/19/12 (See exhibits D-55 through D-67). Due to their early separation, the workers were not found to receive of the work hours offered in the work contract. All recorded. hours offered were found to equal the recorded hours worked by H-2A employees (See exhibits D-l.4 through D-41). None of the workers were found to be terminated for cause. The employer?s agent did notify the Chicago National Processing Center that the workers had returned to Mexico on 5/18/12, due to lack of work ending early due to the decrease of craw?sh being taken in for processing.? (See exhibits D-12 and but no formal contract impossibility determination by a Certifying Of?cer was found. to exist in order to terminate the work contract in accordance with However, the Chicago National Processing Center did respond to the employer?s agent noting that the information would be forwarded to the assigned analyst. In addition, the workers were not present at the time of investigation in order to obtain interview statements to support a guarantee violation, or to substantiate whether their separation was voluntary. For the reasons stated herein, the investigator was unable to determine whether a violation of the guarantee had occurred under ETA certification C-12012-31609. Eagle C-10327-25574 Three-fourths (1/25/11 - 11/25/11) workers were found to be employed between the weeks ending 04/16/11 and (15/21/11 (See exhibits D-42 through D49, and D55 through D- 76). As a result, the workers were not found to receive 34 of the work hours stated in the work contract. Again, the investigation was unable to substantiate whether the workers separation was voluntary. No separation notice was fOund to be provided in accordance with 655 .122(n) for abandonment or separation for cause with respect to these workers, nor was any contract impossibility determination by a Certifying Of?cer found to exist in order to terminate the work contract in accordance with Still, the workers were not present at the time of investigation in order to obtain interview statements to support a 3% guarantee violation, Specifically to determine whether their separation was voluntary or not. For the reasons stated herein, the investigator was unable to detemrine whether a violation of the 5% guarantee had occurred under ETA certification 010327-574. H-2A Narrative Report Page 4 of 8 Troy Craig West Farms LT. West Inc. Case ID: 1642289 Local Filing 2012-260-08232 who was employed under this certification in 2011 was present at the time of investigation, and he was not found to be affected by the 3/4 guarantee violation (Sec exhibits B-1 and D-96). Note an ETA Case Number 0-1032 7-25574 (1/25/11 - 11/25/11): Seven workers were found to be similarly employed in crawfish peeling/packaging functions during this certification period. These seven workers were also found to have already ?led a civil suit against the employer for numerous matters including H-2A guarantee violations during this certification period (See exhibits D-244 through D-301). Earnin records 655.12 No violations were found in regards to ETA Case Number C-12012-31609 (3/4/12 6/15/12) (See exhibits D-14 through D-41). Earnings records violations did occur under ETA Case Number C-11329-30574 (1/25/12 11/25/12). The employer was only able to provide employment records to show the gross wages paid and the total weekly hours worked by H-2A employees during this certi?cation period (See exhibits D-92 through D-95). The employer failed to maintain: 1) The number of hours offered each day; 2) The number of hours worked each day; 3) The time work began and ended each workday; and 4) The worker?s rate of pay. Similar violations were found under ETA Case Number C-10327-25574 (1/25/11 11/25/11). The employer failed to maintain the following records with respect to 2 workers engaged in catching craw?sh and otherwise working in the rice and soybean ?elds: 1) The number of hours offered each day; 2) The number of hours worked each day; 3) The time work began and ended each workday; and 4) The worker?s rate of pay (See exhibits D-96 through D-98). The employer failed to maintain any records of hours worked or wages paid to .- Ex?k: during this certi?catiOn period. The employer also failed to maintain the following records with reSpect to H-2A workers employed at the crawfish peeling and packaging plant: 1) The number of hours offered each day; 2) The time work began and ended each workday; and 3) The worker?s home addresses (See exhibits D-42 through D-49). In total, the employer was found to violate 6 different 655 .1220) earning records requirements during this investigation period: 1) The number of hours offered. each day; 2) The number of hours worked each day; 3) The time work began and ended each workday; 4) Worker?s rate of pay; 5) Worker?s earnings per pay period; and 6) Worker?s home addresses. Hours and earnin statements 655.122 This investigation did not disclose any violations. The Investigator was unable to demonstrate that H-2A workers did not receive earnings statements as required, in part due to the lack of available workers for interviews. Rates of pav The employer was found to pay H-ZA workers below the applicable adverse effect wage rate in effect at the time work was performed during the 2012 certification C-11329-30574 (See exhibit D-88 through D-91). The back wages computed as a result of these occurrences were by H-ZA Narrative Report Page 5 of 8 Troy Craig West Farms LT. West Inc. Case ID: 1642289 Local Filing 2012-260-08232 themselves de minimis as each employee?s total due was below $20.00 (See exhibit A-3). No violation was cited for such underpayments; no civil money penalty was assessed; nor were the back wages included on any form pe. Ex?ef Frequencv of Pay 655 .122(m): A violation occurred as one H-ZA worker, 5x316: paid on a basis (See exhibits D-90 and D-93). 20 CFR 655.122(m) requires orkers to be paid at least twice In addition, the applicable 2012 job order lists the pay period frequency as weekly (See exhibit D-122). Violations found under the 2008 Re lati ns The investigation was unable to demonstrate that guarantee violations occurred during the 2010 certi?cation period, under ETA Case Number No guarantee violation was cited, nor were back wages computed, as only a portion of this certification period was within the 2 year investigation period; the H-ZA workers potentially affected who were employed in crawfish peeling/packaging did not perform work under the certi?cation within the investigation period; and the workers were not on hand for the purpose of interview statements to support a guarantee violation, specifically to determine whether their separation was voluntary or not. Earnings Records 655.1940' 1: Violations occurred under ETA Case Number (1/25/10 11/25/10). The employer failed tomaintain the following records with reSpect to 3 workers engaged in catching craw?sh and otherwise working in the rice and soybean ?elds: 1) The number of hours offered each day; 2) The number of hours worked each day; 3) The time work began and ended each workday; and 4) The worker?s rate of pay (See exhibits D-96 through D-98). The employer also failed to maintain the following records with respect to H-2A workers employed at the crawfish peeling and packaging plant; 1) The number of hours offered each day; 2) The time work began and ended each workday; and 3) The worker?s home addresses (See exhibits D-42 through D-49). As these violations mirrored the earnings records violations disclosed under the 2010 H-ZA regulations for ETA Case Number C-10327-25574 (1/25/11 11/25/11), the civil money penalties were computed under the 2010 regulations only. No additional violations were cited, nor were additional civil money penalties computed under the 2008 H-ZA regulations. H-ZA DISPOSITION On 08/15/1012, WHI conducted a final conference by teleconference with Mr. Troy West, Mr. Craig West, and Mrs. Cathy West (Craig?s wife). Authorization to hold the final conference via teleconference was provided by the Wage Hour Regional Agriculture and Immigration Coordinator. The Investigator discussed the applicable provisions of H-2A with the employers, and reviewed the investigation ?ndings with them (See exhibit D-4). H-2A Narrative Report Page 6 of 8 a Troy Craig West Farms LT. West Inc. Case ID: 1642289 Local Filing #2 2012?260-08232 Cited Violations Earnings records 655.122( 1' )[65510411' WH it: informed the employers violations occurred as they failed to maintain complete employment records with respect to certifications C-11329-30574 (2010 Regs), C-103327-25574 (2010 Regs), and 009317-2091? (2008 Regs). The employer was informed of the speci?c record keeping deficiencies found under each certification, which totaled 6 unduplicated requirements. Mr. Craig West inquired about hours offered and the Investigator clarified the circumstances for when hours offered, but not worked, may be credited towards the 3/4 guarantee obligation per 20 CFR 655.1220). The employer was also informed of the requirement to document the reasons 3. workers daily number of hours worked is less than the daily hours offered per 20 CFR 655122030). . Employer?s Resnonse: The employers agreed to future compliance. They agreed to maintain. the required H.- ZA employment records as required. The employer noted that their intent was to comply with the requirements, which is why fewer violations were discovered for the 2012 certifications. Frequency of. Pay 655 .1221m): The employer was informed that Violations occurred when one H-ZA was paid less frequently than twice per menth. The InvestigatOr explained ta an corre3pon mg workers must he paid at least twice in accordance with 20 CFR Emulover?s Resuonse: The employer agreed to future compliance. Mr. Troy West stated that he will begin paying the affected employee on a weekly basis. Other Compliance Issues Discussed Rates of pay 655.1220}: WHI explained that deficiencies occurred when the firm failed to pay at least the AEWR in effect during a number of work weeks under 2012 ETA Case Number The Investigator eXplained that the back wages due as a result of these underpayments were less than $20 per employee, therefore no violation was cited. The affected workers were not found due any other forms of back wages as a result of this investigation. For current 5 affected, the employer was instructed to add such amount to the worker?s next paycheck per I A copy of the back wage calculations were faxed to Troy West on 08/15/2012 (See exhibits D-4-a through Inbound/Outbound (2): The employers were reminded of the inbound and outbOund transportation and daily subsistence requirements, and of the effect which such cost have on FLSA compliance. The "Investigator noted that records of such payments and/or reimbursements should be maintained. i 53? employees must receive a statement on or before each payday which. in. part includes the hours offered and worked, rate of pay, total earnings for the pay period, and the employer?s name, address and FEIN. Hours and earnings statements WHI explained that and corresponding Three-fourths Guarantee The employer was made aware of the potential 3% guarantee deficiencies which occurred under numerous H-2A certification periods. The investigator H-2A Narrative Report Page 7 of 8 .., . Troy Craig West Farms LT. West lnc. Case ID: 1642289 Local Filing 2012-260-08232 explained that an employer has to offer workers employment for at least of the workdays of the period beginning the workday after the worker arrives, until the expiration date of the contract per 20 CFR If not, the employer must pay "ll-2A and corresponding workers the amounts which they would have earned. The investigator reiterated to the employer the importance of maintaining accurate records of hours worked and hours offered. Employer?s Response: The employers agreed to future compliance. They agreed to offer H-2A and corresponding workers at least three-fourths of the workdays/home within the applicable contract period. for Cause ?55.1221n): The employer was informed of the notice requirements under this Section. The Investigator explained that an employer is required to notify the National Processing Center and Department of Homeland Security no later than 2 working days after such abandonment or termination. The Investigator further explained that failure to do so w0uld result in no relief from the guarantee liability. Employer?s Response: The employers agreed to future compliance. The employer agreed to notify the NPC and DHS within 2 working days of an employee?s abandonment or termination. Contract 1m. sibility 655 .12go Relief from guarantee liability with reSpect to contract impossibility was reviewed with the employer. The Investigator explained that simply notifying the NPC and DHS that workers were leaving due to lack of work was not determined to be sufficient information in order to make a contract impossibility determination. The employer was instructed to provide more detailed information as to the reasons the services of the workers are no longer required, and that a formal determination for such contract impossibility should be requested from a Certifying Of?cial. Recomendation: The eploydid nave an prior isto ith Wae up: ., .. ediate steps to come into compliance once informed of the violations. plianc an aeed 1 Publications Provided: FLSA, WH Pub 1261 (FLSA Part 516), FS #26 FS #12 (FLSA Agriculture), FS #51 (OSHA), FS 49 (MSPA), 29 CFR Part 501, 20 CFR Part 655, and coPy of Field Assistance Bulletin No. 2012-1 (H-ZA ?Abandonment or Termination for Cause?). Publications were mailed to em 08/17/2012 H-ZA Narrative Report Page 8 of 8 I Troy Craig West Farms LT. West Inc. Case ID: 1642289 Local Filing 2012?260-08232 Troy Craig West Farms Refer future correspondence to: L.T. West Inc. Mr. Troy West 3769 Hwy. 95 PO. Box 190 Mamou, LA 70554 Cell: 337-831-5532 (Craig West) Fax: 337-468-4588 Chataignier, LA 70524 Cell: 337-831-1955 Fax: 337-885-2146 BIN: (LT. West Inc. FLSA NARRATIVE REPORT COVERAGE Nature of Business: Troy Craig West Farms is an agricultural ?xed site employer, which operates to grow and harvest rice, soybean, and crawfish on approximately 2600 acres of farmland. Troy Craig West Farms is an equal partnership between Lucas Troy West and James Craig West. Each purportedly holds 50% ownership in the business. The employer leases the majority of the farmland which they utilized. The employer has been engaged in agricultural operations since 1996. These farming operations are based out of a facility located at140 Justice Lane, Chataignier, LA. 70524. Rice goods re sold to either -- -- if The employer was foun to employ up to H-ZA workers to perfonn the required agricultural work associated with these particular farming Operations. The employer also operates as a crawfish wholesaler, peeler and packager. This business is registered in Louisiana under the legal name L.T. West, Inc. (See exhibits C-2). Lucas Troy West and James Craig West are listed as Officers of the company, and each purportedly holds 50% ownership interest. James Craig West and his wife, Cathy West, were found to be the primary employers who ran and oversaw the crawfish peeling, packaging, and wholesale Operations. Such operations were conducted from a peeling plant/warehouse located at 3769 Hwy. 95, Mamou, LA 70554. Along with their own CI'anlSh farming operations, LT. West, Inc. buys crawfish from 8 to 10 other farmers/?shermen in the area. According to Craig West, more than 90% of the craw?sh which they boil, peel and package using H-ZA workers come from their own farm; although only 33% to 40% of their total craw?sh product comes from Troy Craig West Farms directly. They then sell both live and peeled craw?sh to customers within and outside of Louisiana. The em 10 er sells the goods to bu ers including but not limited to: employer. 316 11p to 22 additional H-2A workers to perfor qired crawfish boning and peeling functions. Gross Sales Figures: 2012 fi res not available, but exceed $500,000 per Troy West (See 03) L.T. Troy Cra West Farms 2010 2009 Period of this -- 06/22/2010 through 6/21/2012. FLSA Narrative Report Page 1 of 4 't'roy Craig West Farms LT. West Inc. Case ID: 1642289 Local Filing #2 3(slltA): Enterprise Coverage exists for the entire investigation period as the business maintained at least two employees who handled goods, which were moved in or produced for commerce, and the company?s annual. business done was greater than $500,000. Examples of goods. moved in or produced for commerce include craw?sh products sold to out of state buyers such as 1; See exhibit C-4. In addition purchased the firm 5 peeled crawfish products, services customers in six surrounding states (See exhibits C-4, C-9, and Section 3( d) Employer: Troy West is a 3(d) employer as he is directly involved in hiring, supervising, recording employees? hours worked, setting employee pay rates, and paying employees of the subject enterprise. In addition, Troy West holds 50% ownership interest in the business. See exhibit B-l. Craig West is a 3(d) employer as he too is directly involved in hiring, supervising, recording employees? hours worked, and paying employees of the subject firm. Craig West also holds the remaining 50% ownership in the business. See exhibit B?l. Workforce: The employer employed between employees total per pay period, depending on the seasonal need. The employer was not found to employ any local or US. workers, and was only found to employ workers during this investigation period. See profile pay period within exhibits D-92 through D-95. LT. West, Inc. employed? (2012) to (2011) H-ZA workers to peel crawfish during the crawfish season alone, which generally began in early April and lasted through May. See exhibits D-?l4 through D-87 for transcriptions and copies of employment records. MODO: Troy Craig West Farms is headquartered in Chataignier, LA, and LT. West, Inc. is headquartered in Mamou, LA. The two establishment locations are approximately 4.5 miles apart. Therefore the MODO is the Wage Hour New Orleans District Office. EXEMPTION 1?31le Agricultural Exemption: The Section 130)) 12 overtime exemption. was found applicable to all field workers as they were employed in connection with the production and harvesting of the farmer?s rice, soybean, and craw?sh commodities (See exhibit Additionally, the work was performed on a farm, by a farmer, in connection with such farming operations. The workers were therefore employed in agriculture as de?ned in Section Note that the sole employee 3 that ?r (also an worker) had been cleaning the 6 fish eason ended a few weeks prior, but the investigator was not able to obtain a statement from her to better develop this claim as she was purportedly away visiting family at the time of the investigation visit. As a result, the Investigator determined this claim to be inconclusive, and the 13(b)12 exemption was not found inapplicable to during these weeks. The 13(b)12 exemption was also found applicable to all H-ZA workers employed in boiling, peeling, and packaging the crawfish. Although only about 33% to 40% of the total craw?sh FLSA Narrative Report Page 2 of 4 I 'r?roy Craig West Farms L.T. West Inc. Case ID: 1642289 Local Filing 2012-260-08232 taken in came from Troy Craig West Farms directly, the investigation was unable to substantiate whether any of the crawfish product peeled or otherwise worked on by the H-2A workers were ever the products of other farmers (See exhibits C-3 and C-4). Troy West stated that all of the craw?sh with were peeled came from Troy Craig West Farms while Craig West stated that about 90% of the peeled craw?sh came from their own farm In which case the 13(b)12 exemption would have been inapplicable per 29 CFR 780.137 and 780.138. Also, it was not possible to determine which weeks any other farmers? goods were peeled and/or packaged, notwithstanding whether overtime occurred in such weeks. As a result of limited and unverifiable information, the exemptiOn was determined applicable to such workers in all workweeks employed within the investigation period. No other exemptions were claimed by the employer, and no other exemptions were found applicable to workers within the investigation period. STATUS OF COMPLIANCE History: WHI found no prior history of employer, LT. West, Inc. or Troy Craig West Farms, with Wage Hour in 13:; Section 6: This investigation did not disclose any violations. The employer did fail to maintain complete records of hours worked by employees during the 2011 and 2010 calendar years (See exhibits through D-54, and D-96 through D102). However, the investigator was unable to obtain interview statements suf?cient to Support any violations as only one H-2A worker was present at the time the investigation was initiated, and his statement did not reveal any violation (See exhibit Section 7: This investigation did not disclose any violations. Workers employed in the fields, as well as those employed in the crawfish processing plant, were found to be exempt from overtime requirements under Section 13(b)12 of the Act. See exemptions section of this narrative report. Section 11: Violations occurred as the employer failed to maintain records of hours worked by employees during the 2010 and. 2011 seasons, cash wages paid to during the 2011. season, and some employees? home addresses (See exhibits D-SO thrOugh D-S4, and D-96 through D102). ?ection 12: Neither employment records, an establishment tour, nor employee interviews, disclosed any child labor violations during the investigation period. DISPOSITION On 08/15/1012, WHI Conducted a final conference by teleconference with Mr. Troy West, Mr. Craig West, and Mrs. Cathy West (Craig?s wife). Authorization to hold the ?nal FLSA Narrative Report Page 3 of 4 1 Troy Craig West Farms LT. West Inc. Case ID: 1642289 Local Filing 201226008232 conference via teleconference was provided by the Wage Hour Regional Agriculture and Immigration Coordinator. The Investigator discussed the applicable provisions of the Act with the employer, including the 13(b)12 agricultural exemption and the record keeping violations disclosed (See exhibit Regarding Section 7: The emp10yer was informed that the 13(b)12 agricultural exemption would not be applicable to workers handling, peeling, packaging or otherwise working on goods produced by other farmers. And that employees who do perform work on other farmers goods would be due time and V2 their regular rate for overtime hours worked during those workweeks, unless otherwise exempt from Section 7. Employer?s Response: The employers agreed to future compliance. The employers agreed to pay employees who are not engaged in agriculture, and not otherwise exempt from overtime, time and V2 their regular rate for overtime hours worked. Regarding Section 11 violations: The Investigator informed the employers that record keeping violations occurred as the employer failed to maintain records of hours worked by employees during the 2010 and 2011 seasons, cash wages paid to during the 2011 season, and some employees? home addresses. Employer?s Response: The employer agreed to future compliance. They speci?cally agreed to keep records of hours worked and wages paid to employees. Publications Provided: FLSA, WH Pub 1261 (FLSA Part 516), FS #26 FS #12 (FLSA Agriculture), FS #51 (OSHA), FS 49 (MSPA), 29 CFR Part 501, 20 CFR Part 655, and copy of Field Assistance Bulletin No. 2012?1 ?Abandonment or Termination for Cause?). Publications were mailed to employer on 08/17/2012. Recommendation: ?age ur "vestr 08/17/2012 FLSA Narrative Report Page 4 of 4 trey Craig West Farms L.T. West Inc. Case ID: 1642289 Local Filing 2012?260-08232 Troy Craig West Farms Refer future correspondence to: L.T. West Inc. Mr. Troy West 3769 Hwy. 95 Po. Box 190 Mamou, LA 70554 Chataignier, LA 70524 i Cell: 337-831?5532 (Craig West) Cell: 337-831-1955 Fax: 337-468?4588 Fax: 337-885-2146 5 (LT. West Inc.) MSPA NARRATIVE REPORT COVERAGE Nature of Business: Troy Craig West Farms is an agricultural ?xed site employer, which operates to grow and harvest rice, soybean, and crawfish on approximately 2600 acres of farmland. Troy Craig West Farms is an equal partnership between Lucas Troy West and James Craig West. The employer leases the majority of the farmland which they utilized. The employer has been engaged in agricultural operations since 1996. These farming operations are based 0 of a fac'lity locat at140 t' Lane, Chataignier, LA 70524. Rice goods are sold to either a The employer was found to employ up H-ZA workers to perform the requrre agrrcu tura wor associated with these particular farming operations. The employer also operates as a 'crawfish wholesaler, peeler and packager. This business is registered in Louisiana under the legal name LT. West, Inc. (See exhibits 02). Lucas Troy West and James Craig West are listed as Officers of the company, and each purportedly holds 50% ownership interest. James Craig West and his wife, Cathy West, were found to be the primary employers who ran and oversaw the crawfish peeling, packaging, and wholesale operations. Such operations were conducted from a peeling plant/warehouse located at 3769 Hwy. 95, Marnou, LA 70554. Along with their own craw?sh farming operations, L.T. West, Inc. buys craw?sh from 8 to 10 other farmers/fishermen in the area. According to Craig West, more than 90% of the crawfish which they boil, peel and package using H-2A workers come from their own farm; although only 33% to 40% of their total crawfish product comes from Troy Craig West Farms directly. They then sell both live and peeled crawfish to customers within and outside of Louisiana. The employer sells the goods to buyers including but not limited to: oyer emp up to borling and peeling functions. w0rkers to perform these requrred Workforce: The employer employed betwee employees total per pay period, depending on the seasonal need. The employer was not found to employ any local or U.S. workers, and was only found to employ workers during this investigation period. See pro?le pay period Within exhibits D-92 through 1395. L.T. West, Inc. employed (2012) to (201 1) workers to peel craw?sh during the craw?sh season alone, which generally began in early April and lasted through May. See exhibits 13-14 through D-87 for transcriptions and capies of employment records. MSPA Coverage: MSPA coverage was found applicable throughout this investigation period as the agricultural employer did solicit seasonal agricultural workers through the recruitments efforts conducted as part of each certi?cation process (See exhibits D-141 through D447, D-172 MSPA Narrative . Page 1 of 2 troy Craig West Farms/ L.T. West Inc. Case ID: 1642289 Local Filing 2012-260-08232 through D-179, D-207 through and D-214 through D-221). workers do not qualify as migrant or seasonal workers in accordance with and FOH 57a09. MODO: Troy Craig West Farms is headquartered in Chataignier, LA, and LT. West, Inc. is headquartered in Mamou, LA. The two establishment locations are approximately 4.5 miles apart. Therefore the MODO is the Wage Hour New Orleans District Of?ce. 1; 06/22/2010 through 6/21/2012- MSPA EXEMPTIONS No MSPA exemptions were claimed by the employer, and none were tested as coverage was not found applicable. Iistory: WHI found no pr st of eployer, L.T. West, In. or Troy Craig West Farms, with I Wage Hour in No MSPA violations determined as the agricultural employer was not found to employ any migrant or seasonal agricultural workers. workers do not qualify as migrant or seasonal workers in accordance with. and . The employer was not found to employ any workers other than the workers. MSPA DISPOSITION On 08/ 15/2012, conducted a final conference by teleconference with Mr. Troy West, Mr. Craig West, and Mrs. Cathy West (Craig?s wife). WHI discussed the applicable provisions of MSPA with the employers including coverage, the general requirements of the Act, and the meaning of migrant or seasonal workers. The employer was made aware that H-ZA workers do not qualify as migrant or seasonal workers. A copy of fact sheet 49 was mailed to the employer on 08/17/2012. Recommendation: Publications Provided: FLSA, WH Pub 1261 (FLSA Part 516), FS #26 FS #12 (FLSA Agriculture), FS #51 (OSHA), FS 49 (MSPA), 29 CFR Part 501, 20 CFR Part 655, and cupy of Field 'nation for Cause?). "7 age our nestrgator 08/17/2012 MSPA Narrative Page 2 of 2 Troy Craig West Farms LT. West Inc. Case ID: 1642289 Local Filing 2012-260-08232 Troy Craig West Farms Refer future correspondence to: LT. West Inc. Mr. Troy West 3769 Hwy. 95 PO. Box 190 Mamou, LA 70554 Chataignier, LA 70524 Cell: 337-831?5532 (Craig West) Cell: 337-831?1955 Fax: 337-468-4588 Fax: 337?885-2146 BIN: (L.T. West Inc.) OSHA NARRATIVE REPORT COVERAGE Nature of Business: Troy Craig West Farms is an agricultural fixed site employer, which operates to i grow and harvest rice, soybean, and crawfish on approximately 2600 acres of farmland. Troy Craig West Farms is an equal partnership between Lucas Troy West and James Craig West. The employer leases the majority of the farmland which they utilized. The employer has been engaged in agricultural operations since 1996. These farming operations are based out of a facility located at140 Justice Lane, Chataignier LA 70524 Rice oods are sold to either *4 The employer was found to employ up H- the required agricultural work associated with these particular farming operations. .1 The employer also operates as a craw?sh wholesaler, peeler and packager. This business is registered in Louisiana under the legal name L.T. West, Inc. (See exhibits 02). Lucas Troy West and James Craig West are listed as Officers of the company, and each purportedly holds 50% ownership interest. James Craig West and his wife, Cathy West, were found to be the primary employers who ran and oversaw the crawfish peeling, packaging, and wholesale operations. Such operations were conducted from a peeling plant/warehouse located at 3769 Hwy. 95, Mamou, LA 70554. Along with their own crawfish farming operations, LT. West, Inc. buys crawfish from 8 to 10 other farmers/fishermen in the area. According to Craig West, more than 90% of the crawfish which they boil, peel and package using workers come from their own farm; although only 33% to 40% of their total. crawfish product comes from Troy Craig West Farms directly. They then sell both live and peeled crawfish to customers within and outside of Louisiana. The employer sells the goods to buyers including but not ional he employer empled up to 22 addit Workforce: The employer employed betwee . employees total per pay period, depending on the seasonal need. The employer was not found to employ any local or US. workers, and was only found to employ H-ZA workers during this investigation period. See profile pay period within exhibits 0-92 through LT. West, Inc. employed-r: a (2012) 1) workers to peel crawfish during the crawfish season alone, which generally began in early April and lasted through May. See exhibits D-14 through for transcriptions and copies of employment records. OSHA Coverage - No coverage applicable because the employer did not employ 11 or more workers in hand-labor in the field on any day during any previous 12 month period relevant to this investigation period. Employer was found to have employed no more than 5 workers in hand?labor OSHA Narrative Page 1 of 2 Troy Craig West Farms L.T. West Inc. Case ID: 1642289 Local Filing 2012?260-08232 during the relevant time periods.fl?he remaining workers were found to work in the peeling/processing plant located at 3769 Hwy. 95, Mamou, LA 70554. MODO: Troy Craig West Farms is headquartered in Chataignier, LA, and LT. West, Inc. is headquartered in Mamou, LA. The two establishment locations are approximately 4.5 miles apart. Therefore the MODO is the Wage Hour New Orleans District Of?ce. 06/22/2010 through 6/21/2012- OSHA. EXEMPTIONS No OSHA exemptions were claimed by the employer, and none were tested as coverage was not found applicable. m: WHI found no prior his-wry 0f employer, L.T. West, Inc. or Troy Craig West Farms, with Wage Hour 111 This investigation did not disclose any violations as coverage was not found applicable. OSHA DISPOSITION On 08/15/2012, WHI Be: conducted a final conference by teleconference with Mr. Troy West, Mr. Craig West, and Mrs. Cathy West (Craig?s wife). WHI discussed the applicable provisions of OSHA Field Sanitation with the employers including coverage and the general requirements of the Act. WHI explained that regulations apply if employer employs 11 or more workers in. hand-labor in the field on any day during any previous 12 month period. A copy of Fact Sheet 51 was mailed to the employer on 8/17/2012. Employer?s response to OSHA: Employer acknowledged an understanding of OSHA Field Sanitation coverage, and agreed to comply if subject to OSHA ?eld sanitation standards in the future. Recommendation: i" Publications Provided: FLSA, WH. Pub 1261 (FLSA Part 516), FS #26 (H-ZA), FS #12 (FLSA Agriculture), FS #51 (OSHA), ES 49 (MSPA), 29 CFR Part 501, 20 CFR Part 655, and copy of. Field . r. I . .0. I. . Cause?). I 2? OSHA Narrative I Page 2 of 2 .