NATIONAL GUESTWORKER ALLIANCE guestworkeralliance.org April 30, 2012 US Dept. of Labor Wage Hour Division F. Edward Hebert Building 600 South Maestri Place Room 615 New Orleans, LA 70130 Re: REPORTS OF DISCRIMINAITON AND ILLEGAL KICKBACKS CHARGED T0 COMPLAINANTS IN CASE AGAINST HARVEST TIME SEAFOOD, INC. Dear Wage and Hour Division, The below H-ZB workers and members ofthe National Guestworker Alliance have reported to the NGA that Harvest Time Seafood, Inc ("Harvest Time?) has demanded illegal kickbacks from workers as a requisite to receiving compensation for wage and hour violations in their previously reported case against the company. Workers also report retaliation for complaining to the Department of Labor about unpaid wages due under LSA. GA makes this report to the DOL on behalf of former guestworker employees of Harvest Time Seafood including the follow guestworker-complainants: Primary Language Manuela Ruiz Escalante Spanish Yadira Ruiz Escalante Spanish Dalia Erika Perez Zavala Spanish Ana Maria Perez Zavara Spanish 217 North Prieur Street New Orleans, LA 70112 Tel: 504?309?5161 Fax: 504?309?5205 COMPLAINT NUMBER 1: ILLEGAL KICKBACKS AND DEDUCTIONS FROM DOL ORDERED BACKWAGES. On about March 4th, 2012 Harvest Time Seafood owner manager Maria Dartez called Anna Maria Perez Zavara at her residence in Mexico to inform her ofthe following: - DOL had awarded back wages to the workers. DOL had required back wages be distributed by Harvest Time to workers. To receive the wages, she would have to pay a fee to a designated "representative" including a check cashing fee in the a money wire fee to transfer the money to Mexico. 0 This was a mandatory system to receive the back wages and there was no other option. She would not send checks directly to Anna or her husband, Ernesto another former Harvest Time employee. Anna and Ernesto, did not agree to the charges, but they ultimately accepted these conditions out of economic desperation and understanding they had no other choice. Information available to us suggests that Ms. Dartez then gave multiple workers? checks for compensation to a Harvest Time representative named Isabel [commonly known as the Guera, last name unknown]. Isabel then cashed these checks and deducted money from them. Isabel then wired Anna around 31,500 Mexican pesos which represents the amount Anna was owed minus $100 for check cashing fees and approximately $150 charged by the wire service. Dalia Erika Perez Zavala?s check was also given to Isabel. However a friend of Erika?s who lived in the US picked up the check from Isabel at Erika?s request. This friend then sent the money Erika was owed to her in Mexico minus the fees ofwire transfer service. Manuel and Yadira Ruiz Escalante did not agree to pay these kickbacks and were told that in that case they would get nothing. To date they have not received any payment at all. Complainants estimate that at least ten [10] former employees have not received any compensation at all. COMPLAINT NUMBER 2: ILLEGAL RETALIATION FOR MAKING A FLSA CLAIM TO The guestworker-complainants listed herein further allege they have been retaliated against in the US. and Mexico in the following ways for complaining to the DOL about unpaid FLSA wages: On approximately May 10, 2011 Harvest Time owners made flyers about the workers who filed the Department of Labor Wage and Hour Complaint and 217 North Prieur Street New Orleans, LA 70112 Tel: 504?309?5161 Fax: 504?309?5205 distributed them to other seafood processors in the region so that other employers would also not hire the four guestworker-complainants named above. - Harvest Time owners called the U.S. consulate to try to make it harder for the complainants to get work visas. Manager owner Maria Dartez changed payroll records after the wage and hour complaint was filed. The complainants listed herein ask to remain anonymous. The guestworker-complainants can be contacted through the NGA and designate the address below as their official address for all DOL correspondence related to this complaint, including receipt ofany settlement proceeds. Complainants are available for investigative interviews at the convenience. National Guestworker Alliance 217 N. Prieur Street New Orleans, LA 70112 The NGA and guestworker-complainants hereby ask the DOL to do the following: Recover their unpaid wages reduced through kickback and deductions. Sanction Harvest Time for its illegal kickback and deduction scheme. Ensure other workers receive their full back wages free and clear. investigate and sanction Harvest Time for illegal retaliation. Require an appropriate remedy that mitigates any and all retaliatory impact of Harvest Time?s actions. Please contact me ifI can provide further information to aid your investigation and resolution of this complaint. I am also available to coordinate interviews with complainants and witnesses as necessary. The NGA is a national membership based organization working across sectors to protect the rights of all workers- both guestworkers and U.S. workers- employed in industries using guestworker programs, and to promote just and dignified migration and work. The NGA is anchored by the New Orleans Workers? Center for Racial Justice. Sincerely, Jacob Horwitz 217 North Prieur Street 1 New Orleans, LA 70112 7 Tel: 504?309?5 161 Fax: 504-309?5205