4' . Actiun Repu? US. Department {if Labor anv .mal Huur Diuimun (?uac H): 1732562 Dinlricl; Grand Rapids MI District Of?ce Local {"?lins: Number: 2074-19L90816 Dumm- Grand Rapids MI District Offica WHMIS Cum: Number: Lend Invmlindhn'. Dale: 06/19/2014 Date 07/18/2014 Employer Informatinn 'l?r-nI-c Name: Bell Deiasseling. LLC Lug.? Name: Bel! Detasse?ng, LLC .?tlihrm: 5953 Wapsi Ave SE IEIN: Cnunly. Johnson C?ndc: 715115 Lone Tree, M52755 Nu. OI Izmpiuyccx: 55 Investigation Information i?m?nxl Invcaligmxl From? 03/02/2012 HNPI: 1: git! inn: .11 'mn Type: Directed ?own in: ?v unluliun: 'i?onl; Fuh? Investigation I-?uluru (Imuplizmcc Agreed: [~73 Smith. Agree to Comply Invulvcd in 3: bf] Recommended Action: Rrvicw: CI 5f] Follnw Up Invessig?dinn: Litigation: [3 Other AL-Iinn: Cl Cwil Actinn: El Denial of Future. Cr?il?zmtc; Criminal Adinn: E3 BW Deadline; Submal I'nr Opminn: 'l railrr I'ua'ms attached: 9+ Violation H'T0n1plinnce Status :?Mmm? I. I I No Violation found for this I 50.00; 30.00; act Compliance (no 5 vicarious foundDaint- #06103 PM Case ID: 17322362 Paqa 1 WHISARI) Cumpliunce Aclinn [{cpn?r' C.is compumd do not Indicate CMPS assessed. Luuluplscutcd Izmpluycca I?muml: 0 UnLEupliculcrl Agu'ccrl: 0 ?l'nlnl Amnum BWH CmnpuIL-d: $0.00 'l?uml Agreed: $0.00 1 'I?ulni Anmum LDs $0.00 Tutu] Amuunl L115 Cnmnulutl: $0.00 Conciusinns Recommendations: Firm has own cum and bean farm. Firm afso acts as FLC for seed companies detassellng and scouring cam and rouging beans. Firm employed approximately 300 workers in 2014 in and IA. Finn grassed in 2013. Wofa?ons: FLSA - None; MSPA #1 and #1 preferential! treatment. FC 12/2/14. ATC. Na BW's. CMP's shauid be considered: 3rd H-2A investigation; Pubs emailed 12/4/14. WI-II Sigsaun Dale . Reviewed 63an D-ms 01/2712-313 4 06 Prv? Case 1732562 Page 3 Cast: 1D 1733562 20 i I 6 Legal Name: Bell LLC DBA: T. Boll Address: 6963 Wnpsi Ave SE, Lone Tree 52755 Telephone: (319) 725-663l Fax: (319) 725-6060 FElNii: Contact information: Tom Boll. 45% owner of T. Boll Dolnssoling mmytorrihcll@zmlxom and (3i9) 330-68l6 (coll) Theresa Ward. Supervisor. International Labor Management Company - PO BOX 630. Vass, NC 28394~0630; (9l0) 245?4808 (phone): (910) 245-3837 (fax); twmifotilmolahomnm; and (It should be noted that during the final conforcnoc with Bell tho employer stated that, was no longer in business :1an that Theresa Ward had formed a separate business named National Agricultural Consultants. Her new phone number was 910-947-6004.) .Ionnifor Plum. administrative soporvison Pioneer International Inc. (269) 506-3308 and jounif or. pl Case nssi nment information This ilivostigation was assigned as a directed case under the Grand Rapids District Office 2014 fiscal year plan in com dctasscling under agriculture. it should also he noth that this specific: case was assigned in collaboration and with lofcrrals From the State of M1 Workforce Development Agency and Fannworlcor Legal Services based in Kalamazoo. Ml. Inthigating historv: The employer was previously investigated under Coso 1622241 and Case 1704521. . - Case 1622241: lnveStigation conducted in 201]. No FLSA violations were found. Case anl 1704521: Investigation conducted in 2013. No FLSA investigation was conducted. Investigation Period: 8/2/2012 8/1/2014 Limits: investigation was limited to workels and any corresponding workers working in Michigan. it should he noted that T. Boll only started working in Michigan during the 2014 season. (Lam: ID i?32562 2014-1531-00016 Firm farms com and bonus and hauls groin wilhin lowa, Both on their farm and on other forms the firm also scouts and dotasaels corn plants used for Good and mugos beam plants. Scouting. ranging. and dctasscling are contracted through seed companies such as Pioneer l~IiaBrod International. (Decimalng com is removing the pollen-producing flowers (tassel) from Elie com. Rougiog boom; is removing inferior or defective plums. Scouting corn is searching for plant growth? posts. and diaeasc indicators.) Payroll and time records were a1. lilo office in Lone Tree, 1A. All employees of T. Bell um covered. on an onteipriso basis undor FLSA Section 3(s)(l The annual dollar ?volnmc for T. Boll was 31? in 201 l, ii120l2, and in 2013. The firm began corn detassciing work in MI in 2014. In prior years. the firm only did work in IA. In 2014, the firm employed 50 guest workers from Mexico and employed three (3) omploycos who wove engaged in corresponcling employment in Michigan. The three con?osponding workers were migrant US workers who also as checker and or sopervisor in Michigan. Finally, T. Bell Dctasseling employed two additional individuals to help with food and laundry preparation. Seed com from plants detasselod in Michigan is lmrvostcd by Pioneer Hi?Brcd Inten?iutional. inc. and shipped throughout the world. The company is a limiioci liability company and owned by the following Boll family members with family relation to Darrell T. Boll listed in Darrell T- Bell: 45% Mary T. Boll (wife): 45% Ez'adloy T. Bell (son): 5% l. Bell (daughter): 5% The following, are company officers: Case ll) 1733563 3014- 1 Jill? I 6 Darrell T. Bell: President Darrell T. and Mary T. call themselves Tom and Terri respectiVely. Both are identified as the person in charge and direetors ol?the company. They conduct visits to workers in Mexico. Terri does all payroll and timekeeping. Both hire and the workers. Both organize the contract to receive H-2A workers through International Labor Management Conipaiiy. Exemptions; eggoh'llil a 10} 541.708 - This exemption was found applicable to Paul Haiti and Andrew Wheeler for their work as crew supervisors but not applicable to . and supervised their crew of twenty-live workers. They checked the H-ZA worker's work and coordinated with Pioneer regarding whoa to start and stop fields and which fields in which to work. These individuals also drove the bus and were in charge of making sure that OSHA field standards were met. These two individuals did not hire or i" ire anyone but did evaluate the work of their crews. I?lain supervised and managed both the crews and it) tilt?!) and He too acted as a liaison with Pioneer regarding when and where to work in the fields and verified that OSHA field sanitation standards were met. Paul Haiti also did not hire or fire anyone but did evaluate the work of both crews and also had the authority to hire any US workers who wanted to he considered. Paul Haiti and Andrew Wheeler were found to SEZOUtmveek regardless of hours worked. ,however. was found to he paid hourly. It should be noted, though. that (bi ti'liC; did actually earn over $455/week every week worked since he worked over 40 hours every week and Was paid $l2.22!hr. Seetioo 213lblj ll 78?: This exemption was foimd applicable to - was found to transport, 25 H-ZA workers between Elkhart, IN and corn ?elds in Michigan on a daily basis. The vehicle used to transport the workers was a school bus weighing well over 10,000 pounds. 121 730.400 -?'The exemption was claimed for individuals detasseling corn or supervising the detasseling at the field. Detasseling work was done directly in the corn fields of farms leased to Pioneer? l-li-Bred International; such work meets the definition of primary agriculture. No other work was found to be performed by the detasseliag workers. It should also be noted that. one supervisor. was found to drive a pick-up duel: between Ell-chart, 1N and the fields in Michigan on a daily basis. Such truck was made available to him since the owner of the truck was driving the school bus to transport workers to and from the field. While such driving if actually hours worked might cause this exeiription to not be applicable to Avila. stich Case ID 1732562 2014?191-00016 time driving was not found to be hours worked and considered to be ordinary home to work travel. This exemption was not found applicable to two workers in charge of doing laundry and preparing meals for the workers. Although the work was done for a farmer and was related to the farming activities of the workers, the work was performed at the hotel. the laundromat, and around other establishments not owoed or leased by T. Belt Detasseling. Because the work was not performed on a farm and because the actions of preparing Food and doing laundry do not meet the definition of primary agriculture, the workers were determined to not be employed in agriculture. No other exemptions were considered. Status of Compliance Section 206: No Section 206 violations were found. All employees Were found to be paid above the minimum wage. $7.25ihr. It should be noted that the employer directly paid the service provider for some inbound transportation expenses and for all outbound transportation expenses. For inbound transportation expenses in which the employee was found to pay the service provider, the employer was found to reimburse all expenses during the ?rst week and no minimum wage violation was found. Section 207: No Section 207 violations were found. Detasselers and those supervising detasselers were exempt from overtime under 213(b)(12). Supervisors were also found exempt from overtime under 213(3)? Although an interview of a worker preparing food and doing laundry indicated that overtime may not have been paid to the food and laundry worker, payroll provided by employer confirmed that overtime was paid. Section 2! I: No recordkceping violations were found including no issues were found with required postings. time records, or pay records. Section 2 3: Case ll.) l732562 T301 4- 91 Jill? 6 No Section 212 violntions were found during the investigntion. Only one worker was Found to be employed by T. Bell Detosseling who was under the age of ill. was found to be employed by T. Bell wuh her mom. . Both helped to do laundry; room also helped prepare and food to the H-ZA workers. Her mother stated that her birthday was. August 7. I997 milking her to at the lime ofthe investigation. Was not found to drive or perform any other hazardous occupations. Disg ??ill?tl An initial conference was held with Paul Hain in the field on July 22? 2014 with WHI {l9} in addition a phone cell was held with Tom and Toni Bell and Will 57'} on July 22. 2014 to request and go over any information that Paul Hain could not pmvide. On December 2, 20M, Will to: {173 Bell, and Brad Bell over the phone. held it final conference with Terri Bell, Tom Bell. Katie Wl-ll explained that the entire company and all its employees were covered under the low and 7} explained why the company was covered. Wl-ll went through the applicable and inapplicable exemptions as in this narrative. When going through the exemption. Wl-ll i? provided additional detail about the exemption ountl under 2l3(a)( 1) ol? the low. motioned that no violationx were found. Ten-i Bell agreed to continue to comply in the future. Wl'll {bi t7}: told the Bells that they could call WHI {13) {7'2 for any future questions. Will also provided public assistance phone number for any future questions. On Decen1bcr4, 20H. emailed the employer the publieutions listed below in this narrative. Bach Wage Followup: No hack wages were computed for this case. Publications Provided (via email): FLSA Law; CL Bulletin 101 and 102; and Fact Sheets 12, 21,22. '23, 40, 43, and 77A. Recommendations: are not recommended. No violations were found under the FLSA. Mail Correspondence: Case 1 "$2362 30143191410016 Terri Bell 696.3 Wapsi Ave SE Lone IA 52755 Wage and Hour Investigator Grand R?flids Of?ce December 4, 2014 Eff-hi Case it: ?739,562 MSPA NARRATIVE Furin Labor Contractor (FLC) Business Name: Boil LLC Address: 6963 Waspi Ave Sc. Lone True 52755 Telephone: (3 i 9) 725-663 1 Fox: (319) 725-6060 rv'ElNr: LC Registration it: GUS-22447545453 Special Authorizations under FLC registration: Housing and 'i?ranspomrlion with to vehicles authorized and 8 housing camps authorizch Expiration: Form Labor Contractor Employoo (FLCE) Legal Name: JCE Social Security it: FLCE Registration Special Authorizations under FLC registration: driving Expiration: 3/31/2015 FLCE Legal Name: FLCE Social Security it: FLCE Registration it: Special Authorizations under FLC registration: driving Expiration: 3/31/2915 FLCE Legal Name: FLCE Social Security it: FLCE Registration it: - Special Authorizations under FLC registration: driving Expiration: 3/31/2015 FLCE Legal Name: FLC Social Security ii: FLCE Registration it: . Special Authorizations under FLC registration: driving Expiration: 3/3112015 Case asst nment information This investigation war; assigned as a directed case: under the Grand Rapids District. Oi?i?ico 20M fiscal your plan in corn dotosseiing under agriculture. it should also be noted that this specific: crow was assigned in collaboration with and with referrals from the. State of MI Workforce Dcvciopmem Agency and Farmworkcr Legal Services based in Kalamazoo, Mi. Case i732562 Investigation history: The en'iploycr was previously investigath under Case l62224i and Case 1th l70452l. - Case 1622241: Investigation conducted in 201 I. No MSPA investigation was conducted Case toe 1704521: Investigation conducted in 2013. No MSPA investigation was conducted- graduation Period: $212012 Sit/20M Limits: Investigation was limiter] to H-ZA werkers and any corresponding workers working in Michigan. It should be noted that Bell only started working in Michigan for the 2014 season. Coverage: Firm t?artns corn and beans and hauls grain within Iowa. Both on their farm and on other farms, the firm also scouts and detersels corn plants used for seed and rouges bean plants. Scouting. rouging. and detaaseling are contracted through seed companies such as Pioneer International. Detasseling corn in removing the pollen-producing ?owers (tassel) from the corn. Ronging beans in removing inferior or defective plants. Scouting corn is searching for plant growth, pests. and disease indicators. The inventigation found that T. Bell Detasseling was engaged in the named activities of recruiting, furnishing, soliciting, employing, and hiring migrant seasonal agricultural workers. T. Bell did such activities: in order to fulfill the contract awarded to them by Pioneer Eli?Bred International for detasseling corn in Michigan. In 2013 alone, T. Bell Detasseling was awarded $5,144,091.36. These facts subject Bell Detaseeling to coverage under the as a Farm Labor Contractor per Sec. T. Bell Detaeaeling was registered as an FLC and had multiple Four individuals who were registered as FLCEFS and involved with the Michigan operations are I a) .- Citric ID a: 1732562 2016b 9 6 listed at the top of this narrative. The firm began corn dctasscling work in Ml in 20M. In prior years. the firm only did work in M. in ROM. the firm employed 50 guest workers From Mexico and employed three (3) employees who were engaged in corresponding employment in Michigan. These three corresponding woikers were three migrant US workers who also worked as a checker and or supervisor in Michigan. Darrell T. and Mary T. call themselves Tom and Terri respectively. Both are identified as the person in charge and directors of the company. They conduct visits to workers in Mexico. Terri does all payroll and timekeeping. Both hire and ire workers. Both organize the contract to receive workers through international Labor Management Company. MEA Section 4mm anilv Business The family business exemption does not apply. Farm labor contracting activities were performed by Bell Detasseling For its own benefit and or the benefit of Pioneer Hi~l3red international for whom the company provided the detasselcrs. Although T. Bell Detasseling does own farm land in town. it does not own any farms in Michigan and performed work in fields not owned or leased by T. Bell Detasseling. Furthermore. Bell Detasseling contracted international Labor Management Cmnpany and its employee Theresa Ward to help with [rt-2A requirements such as recruiting loeal US workers. MSPA Sec-rim: 4(alr2l Small Business Exmmrimz The small business exemption does not apply. This exemption does not apply to farm labor contractors. MFA Section 4(rr)(3)(Dl Local Short?rem: Contracting Activity The local shott~term contracting activity exemption does not apply. interviews revealed that the three migrant workers were recruited for work in Michigan from Iowa, Ohio. and New York. Such workers however, were only recruited for work that lasted approximately five weeks. MSPA Section 4(bLExempfion from Registration if Agricultural Employer, Agricultural ?oatation. or our Emplm?ee This exemption does not apply because T. Bell Detasseling is acting as a farm labor contractor when performing detasseling services for Pioneer Hi- Bred international in Michigan in fields not owned or leased by T. Bell Dctassoling. Section 203k) Innkeeper The innkeeper exemption was found to apply to the Red Roof Inn. The three migrant workers hired were found to he provided housing in a public hotel in Elkhart, MI. The hotel rooms were found to be rented at normal rates and occupancy. The hotel is open year round and occupied non migrant agricultural Case it: 1732562 2014-191-00016 laborers on a regular basis. T. Bell Detasseling did pay for the rooms but did not collect any payments from workers staying in the room and was not found to control the Red Roof inn. Because T. Bell Detasseling was not found to control the Red Roof Inn or any portion of its rooms, this exemption was not applicable to them. No other exemptions were claimed by T. Bell Detasseling or considered by the invostigator. STATUS OF COMPLIANCE MSPA #1 Failure to disclose em in em conditions to werkers MSPA Section 2011a}, 201(g], 301?al and 301m. Emnlover failed to provide written disclosures to the three supervisors. Civil Money Penalties: No are recommended. This is the ?rst MSPA stated it had never occurred to her to supply disclosures to her supervisors too. Although nothing was provided in writing, working conditions were clearly stated verbally and were repeated by all three individuals. The farm labor contractor was not found to receive any financial gain for not providing a disclosure. MSPA #9 Failure to pay wanes when due MSPA Section 202(3) and 302(3): Employer failed to pay one migrant worker The migrant worker disclosed that he would be paid at the end of the season which lasted approximately five weeks. Civil Money Penalties: No CMP's are recommended. This is the first MSPA investigation of the farm labor contractor. Only one supervisor is affected. The worker did in fact receive his wages bat just did not receive his wages no less frequently than Terri Bell stated wages were not paid at the request of Main. The farm labor contractor was not found to receive any financial gain for not paying Other issues; Insurance coverage for both buses owned by Pioneer Hi~Bred international and provided to and used by T. Bell Detasseling for transporting workers to and from the field was at $5,000,000 For each vehicle. inspection did not reveal any violations with the vehicles. Total Civil Mono Penalties for violations: No are recommended. No serious. repeat, or aggravated violations were found. All assessment of will be done by ADD Diaz and or DD O?Rourke. See above for individual factors regarding the violations assessed. Case to l732562 2014491410015 An initial conference was held with Paul Hnin in the ?eld on July 22. mm with WHI l} In addition a phone call was held with Tom anti Terri Bell and WHl-on July 22. 20M to request and go over any information that Paul Hain could not provided On December 2. 2014.. held a final conference with Terri Bell, 'rom sen, Katie Bell. and Brad Boll over the phone. Will explained that T. Bell Detasscling was covered under the MSPA as a farm labor contractor for work in Michigan. Will wont through the definition of an agricultural employer as well as went that of a farm lahor contractor as defined under the MSPA. specifically went through which activities were considered to be contracting activities and also provided the definition of a season and migrant agricultural Worker. went through exemptions which were not found applicable and inapplicable as described above in this narrative under exemptions. Terri Boll stated she understood and had. no questions. Will then went through the MSPA violations as described above in this narrative under Status of Compliance. The employer provided the following responses related to the MSPA Violations: MSPA Violation Terri stated that it. never occurred to her that she needed to provide disclosures to the supervisors. WHI explained that three nott-H-QA supervisors met the definition ot?a migrant agricultural worker. Terri agreed to provide a disclosure next season. MSPA Violation Terri stated that Paul Hain has always requested that he be paid at the end of the season. Terri stated she will pay him weekly next season. Terri Bell then agreed to comply with law. Will i) {73' explained that there was a possibility of ?nes and explained how to appeal any potential fines assessed. WH I also stated that the employer should also only utilize registered farm labor contractors or farm labor contractor employees for anyone who performs a contracting activity for them for a fee and who are not also an agricultural employer or association or an employee of an agricultural employer or association. Willi?) explained that it was found that Theresa Ward of the international Labor Manttement Company was not registered as a farm labor contractor though they were contracted by the Bells to recruit US workers in order to ful?ll their H-2A recruiting responsibilities. Terri stated she did not realize Ward or the were not registered. Terr? also stated that the ILMC was no longer in business but that Ward was forming her own business and that Case TD 032562 2014-19l-00016 Terri would talk to Ward 50 that she registered in the future. Terri provided Ward?s phone number in order that WHI could also provide counsel. WHI called Terri Ward on December 4. 2014 but the phone number previdecl by Terri Bell did not work. Will received a different number from Bell and was able to reach Ward. WHI explained that if Ward or her company were doing any contracting activities fora fee and if they were not an agricultural employer, agricultural association, or employee of either an employer or association. that Ward needed to be registered as a Farm Labor Contractor. Ward stated she would speak with her attomey about future work. WHI went through some activities that were considered to be recruiting and soliciting. WHI 1 told the Bells that they could Call WHI lb?? Will questions. for any future questions. also provided GRDO's public ussistance phone number for any future On December-4, .2014, WHI emailed the employer the publications listed below in this narrative. ?ack Wages Disbursement information No back wages were calculated. Publications Provided in person on H14 (unless otherwise noted, the publication was given in Eng lishz: . HRG (Spanish and English) Part 500 Part 780 MSPA Act MSPA Poster FLSA Ag Poster (Spanish and English) Fact Sheet [2 Fact Sheet 21 (Spanish) Fact Sheet 35 . Fact Sheet 40 I. Fact Sheet 43 12. Fact Sheet 49 (Spanish) 13. Fact Sheet 50 I4. Fact Sheet 5! Fact Sheet 77C l6. WH 501 (Spanish and English) 17. WH 516 (Spanish and English) 18. WH 52] 9999?)? "?qu Q. . 03 Casctm: ?73256? 19. Migrant Housing: {impaction Checklist: A Handy Reference Guide In Self- Inspection ?ggr?lg?mgu: This is the. MSPA Ben and no wiilful. 0r aggravated MSPA vinmhuns FOH 57c()3(c)l wan: subalzzmintcd. Sac Slums for individual ninlutinn iu?n?nultinn and for CMP Grand Rapids Dislricl H'icc Wage Hnur 4-. 20M cm to 1732502 2014-1 91-0mm. H-ZA Narrative Legttl Nome: T. Bell Dctusseling. DBA: T. Bell Detnsseling Address: 6963 Wnpsi Ave SE. Lone rec IA 52755 Telephone: (319) 725-663] Fax: (319} 725-6060 FEW: Contact information: Terri Bell. 45% owner of T. Bell and ("319) 330-6816 (cell) Theresa Ward, Supervisor. International Labor Management Company (ILMC) PO BOX 630. Vass. NC 28394-0030: (9l0) 245-4808 (phone); t9ltl) 2456837 (fax); and (it should be noted that during the final conference with T. Bell the employer stated that, was no longer in business and that 'l?ltcresn Ward had formed it separate business call National Agricultural Consultants. Her new phone number was 910-947-6004.) Jennifer Plain. administrative supervisor, Pioneer Hi-Bred International lnc. 506-8308 and Case assignment information This investigation was: assigned as a directed case under the Grand Rapids District Office 2014 fiscal year plan in corn under agriculture. It should also be noted that this speci?c case was assigned in collaboration with and with referrals from the State of Ml Workforce Devci0pment Agency and Fermworkm- Legal Services based in Kalnmaxoo. Ml. Investigation history: The employer was previously investigated under Case 162224! and Case [Dill 1704521. Case 1622241: Investigation conducted in 201 l. Violations found under 1. Employer failed to notify Department of Labor and Department of Homeland Security when H-EA workers ceased working earlier than noted in the contract. 58 workers did not receive the because of the failure to notify that the H-EA workers ceased working earlier than noted in the contract. 3. Employer failed to keep record of when workers returned to their home country. No heel: wages or civil monetary penalties (CMP's) were assessed since it was the employer?s first investigation, violations were not willful, future compliance was assured, and the violations were deemed to be caused because ol'lecltnicalittes with the regulations. Case lD# 170452l: Investigation conducted in 2013. Violations found under H-ZA: Case ll) 17932562 1. Employer provided invnlitl "fixed?site" work infomiation on its application for Temporary Employment Certi?cation (TEC) because. it worked in 3 counties not listed on the Ti [3 for approximately 9-1 1 days each county. No hack wages were found due. A CMP of $600 WEN assessed. Future compliance was assured. 1n vestigatiun Period: 8/2/2012 Investigation was limited to l-l-ZA workers anti any con?csi'iomling workers; working in Michigan. it should in: noted that T. Boll only ?lm'le working, in Michigan for tho 20M- season. Coverage: Firm farms corn and beans and hauls grain within Iowa. Both on their farm and on other fanns, the firm also scouts and dctasscis com plants used for seed and ranges bean pianist Scouting. longing. and detassoling are contracted through seed companies; such as Pioneer l?li?Brcd International. corn is; removing the pollCIPpt'?KlUClng ?owers (tassel) from the com. Rouging beans in removing inferior or defective plants; Scouting corn is searching for plant growth. pests, and disease indicators.) Seed cum from plants cletasselcd in Michigan is by Pioneer Iii?Bred international. Inc. and shipped throughout the world. [00, C-ll The. company is a limited liability company and is owned by the following Boll family members with family relation to Darrell T. Bell listed in Darrell T. Bell: 45% Mary T. Bell (wife): 45% Bradley T. Bell (son): 5% it) l732562 Ell 4- millill I (i l. Bell (daughter): 59.5 The following are company officers: Darrell T. Bell: President Darrell T. and Mary T. call themselves Tom and Terri respective! y. Both are identified as the person in charge and directors of the company. They conduct visits to workers in Mexico. Terri does all payroll and timekeeping"; Both hire and lire workers. Both organize the contract to i-l-iZA workers through International Labor Management Company. The firm began eorn detasseling work in MI in ROM. in prior years. the firm only did werlc in lowa. In 2014, the ?rm employed St) l-l-ZA guest workers from Mexico and employed three (3) employees who were engaged at corresponding; employment in Ml. it should he noted that one H-ZA worker, was employed as a checker and supervisor in Ml. While in this position. the H-ZA worker would primarily spend his lime reviewing the dentsseling work of other workers. Because the {arm did have three migrant US workers who also worked as a checker and supervisor in 1. they were considered cot-responding workers- These US workers were paid the same or more per hour than what was paid. It should he also noted that it was found tha also performed work in lowa for about three weeks working. on and repairing housing used for workers at the Bell l'ann. While doing-5 such work, he worked with two or more Americans repairing, and reconstructing the housing, Such employees would also he classifier! as corresponding workers as well. Because this investigation was limited to and corresponding workers working in Michigan. no further investigatory work was done on behalf of the corresponding, workers in Iowa. The subjeet lion's application with ETA (ETA Case Number; HMO-14121400566) seeking labor certification under the H-EA temporary agricultural program was accepted for processing by ETA on May 16. 2014 and certified May 22, 20M. ETA granted certification for one hundred (100) Farmworkers: Diversified beginning 06/16/2014 and ending 08/10/2014. H-ZA Employer: T. Bell Detasseiing LLC meets three criteria of a covered employer for Work done on their farm in town per the definition provided at 29 CFR 501.301) and is determined to be a covered employer. Firm has a place of" business (physical location) in the U3. and a means by which it may be contacted for employment: Lone Tree. IA Firm has an employment relationship with respect to the H-ZA workets and to the workers in corresponding employment: The firm hires. fires. pays, supervises workers. In addition. the firm provides them with housing. transportation, and meals. Finally. the firm negotiates the contracts with seed companies on which the wm'lters work. Case lD 1732562 201 4491430016 (3) Firm possesses, for purposes of filling an application for Temporary Employment Certification (TEC), a valid Federal Employer Identification Number (FEIN): The FEIN is listed above in this narrative. With the FEIN, the firm ?led an approved ETA form 790 and 9142. Labor Contractor: Terri and Tom Bell of T. Bell Detasseling LLC also meet the definition of a covered H-ZA Labor Contractor (HQALC) for work done on behalf of seed companies such as Pioneer Hi- Bred International in Iowa and Michigan per the definition provided at 29 CFR 501.3(a) and is (1) The person is not a fixed-site employer, an agricultural association, or an employee of a fixed?site employer or agricultural association: Terri and Tom, when com detasseling in Michigan on behalf of seed companies on corn fields not owned by Terri, Tom, or the farmng business, do not meet the definition of a fixed-site employer, agricultural association, or an employee of a fixed~site employer or agriculture association. (2) The person recruits, solicits, hires, employs, furnishes, houses, or transports or corresponding workers: Terri and Tom recruited and solicited both H-ZA workers from Mexico and corresponding workers through advertisements and through their hired agent, International Labor Management Company. Terri and Tom also provided housing, transportation, hired, and employed H-ZA workers to do corn detasseling work in Michigan. A ent: lntemational Labor Management Company and H-ZA supervisor Theresa Ward of International Labor Management Company met the criteria of covered Agent per the definition provided at 29 CFR (1) The legal entity or person is authorized to act on behalf of the employer for temporary agricultural labor certification processes: In ETA form 9142 and in an attached contract in ETA form 790, lntemational Labor Management Company is listed and contracted as an agent for T. Bell Detasseling to provide consulting and administrative functions for the purpose of obtaining workers for T. Bell Detasseling. (2) The legal entity or person is not an employer or joint employer: international Labor Management Company was not found to employ any H-2A or corresponding workers working in corn detasseling in Michigan. (3) The legal entity or person is not under suspension, debarrnent, expulsion, or from practice before any court, the Department. the Executive Office for Immigration Review, or DHS under 8 CFR 292.3 or 1003.101: No known suspension, deharment, expulsion, or dis-barment from practice is known for international Labor Management Company or Theresa Ward. Exemptions: 20 CFR Part 655.135(tl) Case ll) l7335t33 Elli-l: l?il The exemption from hiring US workers alter the recruitment period Wis not claimed on the and was not lound applicable. Bell Detasscling in an ll EALC. not an employer. for work performed in Michigan- When acting; as an citinloyer in lowa. Bell used more than 500 man-days of labor in the preceding calendar year. Speci?cally. the firm utilized approximately 800 l-l?ZA workers alone in 2M3 in lowa. Work was done by these 800 l-le-EA workers for at least three (fl) weeks. Status of Compliance WHISARD 20 CFR 655. I 22((1) - Prohibition rtgaiust preferential treatment ofolicns. Violation l: form 790 and 9142, the HQALC and agent listed requirements for theth which included Living; three months of veri?able experience detasseling seed corn and having the ahility to tarnish aflirntativcjoh tolerances from at least one previous employer that could verify that Although these requirements were applied when recruitng US workers. no intmviews of H-2A workers revealed that there was a requirement during. the 20M season to have three (3) months of esperienee in dctasseling. The only requirements workers mentioned when being recruit-ed in Mexico were that one work hard, have no vices, be tall, not he overweight. and not have allergies. in addition. no worker stated that he needed to provide an affirmative job reference. Ol? the nineteen (l9) H-ZA workers interviewed out of the crew of" fifty (50) total l-l-ZA workers in Michigan. nine. (9) were hired for the 20M season who had less than 3 months of experience even when including the months of experience that the individual had while detasseling corn for the employer in previous years. Of the nineteen (19) workers interviewotl. only two (2) H-ZA workers stated that they had some experience in com. detasseling prior to the their ?rst year working for the employer. When asked about why there was an experience requirement, the stated that "there is a definite skill set required to make it through a detasseling season." The statement. however. is contrary to H-2A worker statements. Specifically. the workers stated that it took themselves one hall" (1.5) weeks to learn how to detassel corn pro?ciently. Statements suggested that detasseling requrred an acclimation to the hard work when perforating the joh as posed to the skill in rentovmt; com The gave the following response regarding it" the ?rm asked for three (3) months of experience from H-ZA workers anti why some H-2A workers did not have three (3) months of experience: "Yes, we requested 3 months of experience i believe it is in :he job order. i believe all those men had the 3 months required experience." Violation 2: In ETA form 790, the H-2ALC and agent listed eon] detasscling as being paid at $11.49/hr. Accordingly the same pay information was used when recruiting US workers. While in Mexico. however, workers were recruited at i 2.22/hr. which was the Adverse Effect Wage Rate in Iowa Case 1732562 20144 91?00016 for 2014 and were paid $12.22/hr for the corn detasscling work in Michigan. When asked why this occurred, the stated that this was an error on the recruiter because the recruiter only had one employer number for Bell Detasseling. Because there was only one number and two different contracts for work (one in Michigan and the other in Iowa), when the work contract was pulled by the employer number, only the contract for lowa came Up with the 55 12.22/111' wage rate. it should he noted that because no corresponding workers were employed, no workers were actually paid $11.49/hr. Civil monetary penalties should be considered. Below are recommendations and factors for both violations 1 and 2: 1. Previous History. The firm has been investigated twice under in the past 3 years. See Case History section in this narrative for details. 2. Number of workers affected by the violation: Violations and 2 primarily affect US workers. It is not known how many US workers simply did not apply. We do know the crew size in Michigan was fifty (50) workers. It was also known, however, that the State of MI Workforce Development Agency (SWA) received 62 inquiries about the job and of those inquires the SWA worker listed that 7 were referred to other jobs specifically because of the 3?month experience requirement. It should he noted though that no US worker relented phone calls to affirm why the US worker did not apply. When speaking with the SWA worker he stated that he had been working as an employment specialist for the SWA in Michigan since 1992 and never seen a work experience requirement for corn dctasscling. He stated that while it did not help that there was a three~month work experience requirement, the main reason people did not choose T. Bell Dctasseling was because of their geographical pick-up location, their location for housing, and because people already had work commitments during the time period when T. Bell needed workers. 3. Gravity of the violation: Violations 1 and 2 affect any US worker who received or read the recruitment information and did not apply because they thought that they did not meet the requirements or did not know the true working conditions. 4. Efforts made in good faith to comply: Violation 2 occurred though the H-ZALC appeared to have made attempts to pay at the correct AEWR. Although the H-2ALC was found to properly go through the steps of recruitment, Violations 1 reduced US worker interest in the job. In addition regarding violation 1, the H-ZALC did not follow its own experience requirement when recruiting and hiring H-ZA workers and the H-ZZALC was not even aware it did not follow its requirements. Explanation of violation: See the individual violations for explanations. Commitment to future compliance: The firm has committed to comply in the future. 7. Extent to which violator achieved a financial gain or the extent to which a potential loss or injury occurred to the worker because of the violation: Violation 2 provided a financial gain to the H-ZA workers and a potential financial loss to US workers who may have considered the job at a higher pay rate. Violation i also caused a financial loss to US workers who may have considered the job but did not apply or were turned away 95-? (Jase l7335t33 because of the requirements. Under Violation 1. the has an incentive to hire H- ilA workers over US Workers who might he thought to work harder or he more reliable. Note I it should be noted that besides corn detasselintt, the eomruet also required the prospective worker to be able to lift 75 pounds or more required the ability to rouge beans. apply fertilizer. and work as a person processing or sorting corn during the harvest. The actual work done in Michigan involved no such heavy lifting and only involved corn detesseling. While this may have been an attempt to further limit interest by US workers. the employer was not hound to apply these standards any dil't'erentl to l-l-ZA workers and no violation was l'ound. Issues under Housing Rental and/or Public Housing issues in which the H-ZA workers were housed were found but no issues were cited as violations under the l-l~2A. it should be noted that the was counseled on this issue. lo ETA form 790 and 9l42. the and agent disclosed the employer would provide housing, that complied with local, state, and federal standards. Because ltousiny was provided at the Red Root" ton in Elkhan, lN. local and state standards for Elkhart IN were used. Chiel? Inspector Tony Balnano ol?the Fire Department conducted an initial inspection with Will .I on August 13. 20M after the l-l?ZA workers had already departed for Mexico. A da on Au ust 14, 014, Chief Balzno conducted an additional ins eetim. should be noted that numerous attempts were made to conduot the inspection prior to August I. 20! 4 when the workers left for Mexico. No phone calls or emails were retumed, however. from any official within the City of Ellchart and lilkhart County officials who did return phone calls stated they did not have authority over building in the city of Elkhurt.) Housing Violations found under Indiuna State law which adopted the international litre Code of 2006: a) Exit signs were not lit during the day. The manager of the Red Roof Inn eon-eeted the violation by August 26, 2014. h) Power supply loremergeney lighting did not function. possible heeattse of burnt out ligth or batteries. The manager of the Red Roof ton corrected the violation by August 26. 20M. e} The lire extinguisher had not been inspected in the last 12 months. The fire extinguisher had been lost inspected in July of 2013. The manager of the Red Roof lun Ct'trreeted the violation by August 26, 2014. d) Pressure boiler to supply hot water had not had an inspection within the last 3 yetns. The manager of the Red Roof liil't counted the violation by August 26. 2014. Chief verbally stated that the boiler inspection had been over 3 Case ll) "32562 2014?191 ~000'l6 years and that the state inapcctor who normally docs :hc inspections had a tart 1e area and was very busy. l-xaues that. were not found to be violatiom under lndiana State law which adopted the international Fire Code of 2006 a) Rooms of'276 square feet had up to tour (4) workerx requiring related males to share a bed. Chief inspector Balzano stated il?t?l the structure of the Red Roof Inn had not been altered, was built for tour oc'cuoanta Will] two queen beds. and likely met current code since the applicable code would be grandfathered from when the Red Rooi'lnu was originally built. in a later letter signed by Balzano, Balzano stated that occupancy codes for the structure allowed there to be one portion per 50 square feet. - When asked about the issues, the manager of the Red Roof inn tainted she was not aware ofthe ISSUES but wanted to make sure everything; was up to code. The stated that they were not aware. of any issues at the Red Roof hm. Issues with Complying with Recruitment Requirements: The issues hated below were found but not cited an violations under the l-l~2A. It should he noted that the H-ZALC was counseled regarding; the issues. issue i: in attachment on ETA form 790 and 9142. the and agent listed corn detasseling and bean waging as the duties to be performed. in other attachments additional work duties were listed related to harvesting and sorting corn, applying fertilizer on fields, operatin farm equipment, weeding or booing. and cleaning or repairing farm buildings. disclosed in his interview that he checked corn dctaxseling worlc six (6) out of seven (7) days of the week. Checking consisted of supervisory work making sure that other workers were preperly dctasseling corn during which no detasseling work was done by ll") . The ETA forms do not list, however, that supervising or checking will also be a duty of some workers. Employer admission also established that helped with translating and drove a pickup track between the hotel and the corn fields. The ETA forms do state that duties may include operating farm equipment. The gave the following response regarding why the violation occurred: ?Than crew did not require much supervision or checking. They were all return employees and good workers. went to Michigan to detaseot corn. but Andy used for translationdtivers' icense and drove the pickup With water to and item the field so Andy could drive the bus, which explains the difference in hours." Issue 1 Notes from ADI) Dian: In addition to working out. of the area of intended employment and as a carpenter aad not. a general farmworlter, this some guest worker was outplayed as a row checker and not as a general farmworker. Though there is vague language in the contract about performing other work related to corn detasscling which row checking and supervising would qualify as. It clearly states that none of the guest worker positions are supervisory positions and doesn?t list the detailed duties of being r" 5 i "a cm- H) mzsro 2w on {room nssigncd to group ol? workers and responsible for checking all of their rows and to make the workers redo tho rows if too many urc lol't' behind. This position would also include duties of assigning workers to their rows and reporting rows or produced by workers in their group. liltith in tho attachments on ETA l'orm 790 and EH42. tho and agent listed the areas of work to he in Brunch. Cass. Kalamazoo. and St. Joseph Counties in Michigan. admission and interview of t-l-ZA worker revealed that tho l-l-2A woritcr werkcd in lown repairing worker housing or the cmploycr for three (3) weeks. asked about this violution. tho HKIALC provided this rcsponsc? ?Originally. we planned to have a group 0! workers here in town early and than planned to roll him over onto the Michigan contract. We were denied on that early order. and even though an Administrative Law Judge ruled in our favor, it was too late to get that order. 80. we brought him to Iowa to try to get his FLCE card tor Michigan, and circumstances went against us. lowa did not issue him the driver's license tor a couple of weeks. and it takes close to 6 weeks to get the card once we send for it. During that time. he helped prepare the bunkhouaes ior the worker arrival, repaired irrigation tape and rogood one day. i would not have expected him to wait three weeks to work. and in looking back, should have realized that when we asked tor him to come here. Though it is no excuse. circumstances intervened again when Tom needed to be at Mayo Clinic the first week (of) was here and lunclerwont surgery on the 26th 0! Juno and was laid up tor a few weeks.? lssuc 3: in the attachments on form 790 and 9142. tho and agent listed the moat; of work to ho in Branch, Cass. Kulnnumw. and St. Joseph Counties in Michigan including Dccutur Township in Cass County, Lists of townships and counlics in which corn dctusscling was done were provided by Jennifer of Pioncor Hi~Brcd international, The list revealed that on two days. com dctosscling was door: in Decatur Township in Van County in Michigan. A scorch on county maps rcvcolcd that Decatur Township is in fact in Van Boron County in Mich igun and that no Decatur Township exists in Cass County. The cause of the violation appears to ho on error in writing the county for the township. It should also be noted that Decatur Township is along the border of Cass County and is l4.6 miles away from Dowaginc Township of Cass County which is the closest township and county correctly listed on the ETA forms. Issue 4: in attachment on ETA form 790. tho and agent listed corn dctasscling and boon rouging us the duties to be performed in the listed Michigan counties. In other attachments additional work duties were listed related to harvesting and sorting com, applying fertilizer on t'icids, operating l?urm equipment. weeding or honing. and cleaning or repairing farm buildings. Although was found to repair worker housing in Iowa. bocausc cleaning or repairing farm building was listed in the ETA forms, a violation was not found for this type of work performed. ADD Dina: Notes the following regarding issue 4: One guest worker was found to be employed outside the area of intended employment as he worked several weeks in Iowa repairing farm buildings (housing units of Bell). Contract listed southwest Michigan as Case TD 1732562 2014? 191-00016 the area of intended employment. Per 29 CFR this is a named violation which is grounds for deharment. Outside of the section of the 501, employing a worker outside the contract is not spelled out in great detail as a problem other than making an argument that they failed to disclose all working conditions. In addition the contract does state that workers could be asked to perform work on farm buildings it appears to be in the context of buildings used for crop production and not worker housing. US workers performing the same type of work became correSponding workers even though it was outside the contract but they were found to be paid in excess of the AEWR and no violations were created for corresponding workers. Other areas investigated in which no violations were found: 1. Transportation - the HQALC was found to provide free tiansportation to and from the field. No issues were found with the buses provided by Pioneer Eli-Bred International and used by Bell Detasseling. 2.. Surety Bond Was found to hold a surety bond in the amount of $75,000 to he used for ?nancial obligations under the i-l?ZA program. 3. Guarantee No violations were found. 4-. in ETA form 790 and 9142, the H-ZALC and agent disclosed that they will provide all necessary tools and equipment to thejob but also disclosed that it would make deductions for articles which the workers have voluntarily purchased from the Interviews and admission revealed that workers purchased rain peaches and boots from the employer voluntarily at the same cost incurred by the employer. No violation was assessed because it was determined the boots and rain punches were not necessary for the job though certainly beneficial fer the workers to have while perfonning the job since they helped keep mud and moisture from dirtying and dampening worker clothing. 5. in ETA form 790 and 9142. the H-ZALC and agent disclosed they would deduct $l4.70/tlay for three (3) meals and snacks provided in the day to the workers. The allowed maximum deduction for food effective March 5. 201 was listed as $l l.58 per day. Because the OFLC approved the form with the higher deduction, though according to 20 CFR 655. the higher deduction was found permissible. Other issues or areas not investigated: ll) Willing 1. Joint limpinymeut with Pioneer lli?lired lnterntutmiui was; not examined Disposition An initial conference was held with Paul I'lain in the field on July ?32, 20M with Will in addition a phone call was held with Tom and 'l?erri Bell and WW ii'ti (72* on July 23. 2014 to request and go orcrany that Paul lluin cotdd not provide. On December 2. 20M. Wl-ll Bell. and Brad Bell over the phone. held a hunt conference with 'l?erri Bell, 'l'om Bell. Katie WI-ll lb) explained that the entire company and all its: employees Were covered under the Intranet explained why the was covered as an H-2A thor Contractor for work performed in ichi can. Wl-ll explained the exemption described above under the exemption section in this narrative. explained that the exemption was; found inapplicable. Terri Bell stated she understood. WHI then went through the tt~..A violations as described above in this narrative under Status of Compliance. While employer explanations of the violation are discussed above under Status of Compliance. the following are the agreements to cemply and other responses made by the employer regarding the H-ZA violations: HJZA Violation Terri stated they will make sure that the agency in Mexico is recruiting people based on the same requirements used for recruiting US workem. Terri stated that they also understood that the three?month requirement might be too restrictive for their workers and that they were considering decreasing, the work experience requirement in detasneling to one month. Terri and Tom stated that they had the requirement in order to ensure the work ethic and to ensure that detasseling was done correctly. {?33 explained that he could not require them to omit a three?month work experience requirement in their contract. but Stated that no preferential treatment could be shown toward the workers and that requirements to be hired could not be more stringent for US workers. WHI (ht also provided some options that the Bella might consider using for recruiting hard-working, lotowledgeable detasseliug workers in the future. Terri further reiterated that there was nothing malevolent in putting the three- month experience in the contract. She stated that they just wanted to get good workers. Violation Terri stated that she was not aware of the problems but stated that she would do ilCI' best to ensure that any future housing location did not have housing violations. stated that the employer might consider contacting the City of Elkhart. Fire Department in the future in order to better ensure that a hotel in Eikh?l?t? is in compliance. Case ID 1733563 2014?19l-00016 Violation #40: Terri stated she would only utilize workers as specified in the contract and planned to get a second contract for early farm work to be done in Iowa as did during the 2014 season. Terri also stated she would make sure the counties where the work is being performed is correctly listed in the contract. Finally, she stated it was the first year that she did not mark the supervisor hos and did not list supervisory work. Terri stated she. would review the contract more carefully next year and make sure to check the box and include supervisory work in the contract if such work is to be performed again in 20l5. At the end of the conversation, Terri agreed to comply with the law. WHI told the Bells that they could call WHI {71 for any future questions. Will also provided GRDO's public assistance phone number for any future questions. On December 4. 2014, Will emailed the employer the publications listed below in this narrative. Back wage Follow-up; No huclr: rages were computed. ETA Referral; The investigation disclosed that the employer recruited US workers UlldCi? a 3-month experience requirement in detasscling though did not require such experience of H-2A workers and actually hired HQA workers without having such espct'icncc. ETA found to approve the 3-month experience requirement. Firm was also found to recruit and pay its l-l-ZA workers at $12.22/hr though it only recruited US workers at $1 1.49/hr for work in Michigan In addition. the investigation found that the employer housed l-l?2A workers in public housing which was not up to public code. Finally. the investigation found that the employer did not recruit properly because it did not disclose or recruit for one supervisory position and it did not disclose work was being done by one individual in Iowa. For more details on the violations. see under the status of compliance section in this narrative. Publications Provided: Part 655 and Fact Sheets 26, 263. and 773. General Recommendations; CMP's are recommended for some violations after discussions with ADD Diaz and REC Gill?ski. Set: the specific l?l?ZA violations under the status of compliance section in this narrative for facts and mitigating factors. Con?rmation Letter and Assessment Letter Should be Sent to: Terri Boll llwa 4 I a C5259. 1D "17329562 6953 Wupsi Aw: SF. Lone Tree IA 52755 (THC) Wage and Hour I u. u: Rapids Disl 'j Oll'lcc December 4. 2014 ADD Dina notes: are holder]. Lilo? Detassellno. LLC Case it]: 1Y325?g his is an addendum to the narrative report regarding the non-assessment of CMl?s for H-ZA violations disclosed during Case l732562. 20 CPR 65.5.122(a) Bell Detasseling was found to have shown preferential treatment of guest workers in that they ai led to apply their 3 month experience requirement listed in their 790 and 9142 to their Mexican workforce. to addition they were found to have paid their guest workers above the AEWR For Michigan as the workers recruited to work under the Michigan contract were shown the Iowa contract and wage rate in Mexico. The workers were paid the promised wage rate which was higher but the US. workers were never recruited at the higher rate. Extensive interviews of the guest workers show that they had little to no experience in corn detasseling prior to coming to work under Bell's contract and that they were not asked about their ex patience in Mexico by the recruiter. Once Bell hired guest workers who did not meet the 3 month requirement they would no longer be able to use it to turn away quali?ed U.S. workers who applied for any oftheirjob openings under this contract. Will (if? i .r attempted to contact all local referrals or job seekers who were identi?ed by the SWA, but was unable to identify any US workers that would have subsequently quali?ed for the position and would have been willing to work under the contract terms and conditions. but no US. workers could be identi?ed to show any severity andior extent to hanned workers; (4 and 5) Hell claimed that they were unaware that the guest workers did not have the requested experience and entertained getting rid of or lowering the experience requirement. Bell stated that they were trying to do the right thing by paying the guest workers the rate that was promised to them in error as the agency in Mexico pulled the lows and not the Michigan contract when recruiting this group of workers. They pull orders by an employer?s identi?cation number and not by contract number; (6) Bell has agreed to comply in the ?nancial gain could not be identified due to this violation. Bell actually paid higher wages then required to under their contract. Page 35 Bell Detassetioo. LLC Case ID: 1732552 Based on the above factors the violation was cited for future purposes to show willfulness if the violation is 11mm] again but no CM l?s are recommended by ADD Amador Diaz Jr. This recommendation was also supported by the regional solicitor's other: and the national of?ce immigration team. respectively. These employees had been employed by Bell for multiple seasons and usually on work on iowa; (3) The violation was minor in gravity as the 3 employees who were affected were not adverser affected by the violation in any way known to Wage Hour; (4,5 and 6) Bell stated that they were unaware that they needed to provide a disclosure and that they would in the future to their staff; (7) No fir-laneial gain was obtained by Bell because to the violations. Based on the above factors, no is recommended for the MSPA violations disclosed under Case ID 1732562. Amador Diaz In, Assistant District Director January 30, 2015 ?@923 "30? Page 36 0 Potential MSPA Violations Checkll?t us. Department of Labor Wage and Hum Dlvislon [d l?cnummnl: or Stamped address Of A0) 89" Detassaung? LLC Grand Rapids Ml District Office 6963 Warns! Ave SE .900 Monroe Avenue NW Sulfa 315 Grand Rapids, MI 49503-1451 Lone Tree. 52755 A review crl' your business operations subject In the Migrant and Seasonal Agricullurnl Worker Protection Act the potential violations Act shown on Ihis preliminary 'l?llc [cporl ofrhc Campliancc Ol?ccr?s) will he rcwcumd to whether mm were MSPA vinlmiuns and what. il'nny. further action will ht lakcn by the Wage and Hour Divisiori. if it is that civil penalties are to be assessed ynu at any or all ofrhc vinlmlons disclosed. you will 11c advised by lcucr cunccming speci?c violnllons involved and Ill: clvil moncy penalty amounts In bu massed. Persons who Violate the provisions arc subject 10 boll: criminal and civil sanctions. MSPA Sections Migranl Seasonal Both Workch FLC AgEr AgAs User HP I, Failure In disclose condiliuns to 2mm, 20l(g_1 301(1) 2. Failure In past MSPA pusler worksile 2mm 301(b)_ 3. cmplogmmt wudiliuns lo wm'kcrx 201?) 30110) Working 4. Breach of working wilh worker! 2020:} 302m Recordlreeping 5. Failure In make/Rag cmglovcr ncurdl 201ml?) 331(cM I) 6. Failure Io provide wage statcmau ro workers 301(c)(2} 7. Failure 10 provide rccords to growers 2010:) 3mm) 8. Failure In mainlnin records providcd by FLC 201(3) 301(6) Preran pawnm! 9. Failure In p?wagu when due 2020'.) 30201) Worker l0. Restricting Workers purchases of goods or services 2020:} 302M Housing 1. Failure to post housing conditions 2mm NA l2. Failure to cmun: housing safcw and heallh 203(8} and NA Transpurratimr l1 Failure ID provide safe transportation vehicles M. Failure In than?: lhal each drivcr of]: M: a valid Iiccnso 4mle MB) l5, Failure In nhlun prerede insurance cur-rang: 401(le XC Gram} vaislom Continuation of IO. serviczs ul'unrtgisleted FLC ?02 l7. agarnsl worker who ?les or testi?es. etc. 5'35 l8. lrrm'fenng with DOL o?icral during 511(6) Fl rm Labor Violntinm l9, Failurc In mm) 20. Failure in- rgguler emplon IDHIJ) Failuran exhibit ccml'rulc 10W) 22. Knowian made in 23. to amply with any or ?nal unit: of Smgm' 24. Was. an: thawimeresl 25. Transporth wimqu mni?ule authonuhmr wire} 26 lluuscd worker: wulmul ncnl?cale 105mm Failure In gravid: unlicc of change of' ?15.19 28. Failure to apply to amend crni?catc Io engng: another acuvuy. use arrollrer nr M: mumm- ma! man:er me for lmmrinu IDSQL Illegal Allen: 29. Eng-zed illegnl Ilium Agreements Wm, .lD. Fall:er lo abide by with cmpluycrs and aunt anion: 404 users FLO - Farm Labor Go?lracmr Compliance smarts) Dale AE - Aer-cums! Employer - Niacinle Um.- - um Ham: and mi: rcc-cwng form Darn (3)36) 2 0- Potential MSPA Violations Chasing; U5. Department of Labor Wage and Hour Dl?visxon I puma?; I (Typed or Stamped ad?rress of K5) Ba? Dmassa?ng' LLC - Grand Rapids Ml Dlsu'r'ct Office 5963 Wapsl Ave SE 800 Monroe Avenue NW Suite 31' 5 Grand Raplds, 49503-1451 Lone Tree, IA 52 755 . A review nfyonr business subject 16 1h: Migrant and Seasonal Ag?cuituml Wurkcr Protcclinn Act rlisclmed the purcminl violations oflhc Act shown on this preliminary rcpan Th: investigation rcpurl oflht Compliance Ol??cc?s] Will bi: rcvicwcd lo 1h: rc were MSPA i-inlalmns and what, if any. nclinn will b: luLcn by {he Wag: and Ham Divismn. if is subscuucnny dcicmiincd that cinl mom?y penalties an: in be assessed ngninsl yau or any ur all ofllic MSPA vinlnlions you will be; by lultcr wuccming violulinns involved and the civil zirnnum:l In he asscsicd. who rich?: the pruviqums Ul MSPA me criminnl and Civil sancliuns. .?icumns Migrant Sc usonnl Workers Born Workers FLC AgEr Arms User HP Employment I. Failure In disclasc conduier In minim 2mm. 2mm JOHN. - 2. Fnalnre Ia p05! MSPA posch a1 worksilc 2mm 1 3. conditions to wed-m! 2011!) 301(5) Working Arrangeman 4- Bunch of ?0111153 with workers 202m 302m thtut?ircping .1. Failure In mahm?a?np rmplayu JOlL?ch) Failun: Iu pmvid: wag: xiartnimi roman:ch 2011390] 7. Failurc Io gravid: maids lo grow-m 201m 301ng Failure to maintain march pmvidcd tw FLC 2020:) 301(6) Hump! nag-mm 9. Failure to gay wages uric-n due 2024a) 3020} mWrirkcr nurdusrs IO. wankers of?oad: or acrviccs 202m} lDZ?thl Housmg El?gilurc lo a 5: mile} NA !2 Failure In ensuu and healm 2030:1311: NA Transpultmion l3. Failure II) prawn: safe transponasiun which: Farlunc xo ensurc nun Llnl'? nf: which: has a valid l3. Furlur: in ubian Insurance raw-nag: {qr vrhiclcs ?mm? h? General Pml?o?! Con?imulinu of lb. Ulillung :rwicca FLC 4?31 Dirmminniim l?l. Disuimmnling 53.:qu workzr who ?les complain! DI luri?es, rlc. 13. \Irllhi DOL limcial {luring urqunglun . Farm Labor VinIuiuru l9. Failurc to begin." mm} 20. Failuggm rcgiszcr 10m? 21'. Fulurc In ethibil certi?cate 101(0) Knowinng mad: in anglicalion realm; I 33.Fai1urcro comply with any umn nr ?nal ordu emu; Swag} lull-"3m 24 win no: 1h: real parry In 10mm) 25, ?hang-mad mums minim: nuilmimrian my; 7.4L ?cursed workers mt'nonl (gramme mnhmimmn [05(2)ch 27' Failure in nuncc ofcluuigc ?ame I) 26 Failnrc Io apply to Miami reni?calc In change in DHOHIH committing sunny. to in: number which: mum 105(2) I Alicm Z9. Eng-gird mtg-ll all": Agt?lmms mm .30 Failure. to abide b) agreeman mil. Md nssocralic-as 40-! users . FLC - Form Labor Cam-war Cum l?mr?M-Agticlim-ralmwcinlim . . . . -Uur Name and um: rccmi lg [on-n Dar: 11:; w? cm r3015 u? w? Compliance Aminn Report Migrant And U.S Department of Labor Seasonal Agnculluml Prolemion Ac! Wage and Hour Division 6 1 CASE NUMBER 3. smmcouun a. AREA umce 1732552 1-9103 Grand Rapids MI District Office SPECMLINV - SUBJECT OF THE REPORT FARM LABOR CONTRACTOR FARM LABOR central-?nag REGISTRATFDN N0. 1 8911. Datasaallng, LLC I CITY STATE ZIP NMC CODE 6963 Napai Ave SE Lone Tree IA 52755 115115 "was IUATIUN 3:115 Cl SIATE 2m CODE I 's'J 'rvr-E 0F 1-1 PROGRAM 15 COMPLIANCE mum: FULL INVESTIGATIONE RECURRIHG WOLATIONS ?0"?me [:73 no a 0mm mus,? ms? sums or cowmwca 1? MIGRNIT CREW 3 I 29 mu THERE BE :0 CUMPUANSE Hm: ?1 f. 3 CWLTAHCE Chg?? ID . . 1t": wast-Lemur raw APUCAGLE 0 YES 4 08/01/2014 2: rrmar?naa?r or m: ELC performed dotnasaling, ranging and scouting fox,- seed ccmpanies in Java nomally utilizing primarly only workers. Thin is the first: year the PLO has performed dataa?uling work in Michigan. - ., - H..- 01 Fail a damn amulet-1:: lam-arker Id amm??f works.? I - . 1 PM Bream a? am:th mwgam ml: may 1 1 737-553}: pmu no acorns _65 Fnii :0 rd??ddn 9:13va by RC I $3?me I I 2 Dumas-:04 goods and ?may; I i 1 ?ff-5 mm Inn-5g warn-om - 1 and 59mm I val-rigi?alin {vars-arm 1 15 mime: 1 1? ngmnal as: 1 WEI CIIOL 05cm maran?vutgi?m 1 ?av32?i?m I I 1 20 loTirjhteranphm" I 1 21 Fail :9 tun-.1313" 553m? an swan??n 1 2:3 ml 19 w-?Warm: 9h! real part?; n-m'm'au I I *?i?ammoc m3}. warm: wail:- al smnm?lin 929917: in - 1 30 stud. by wumms anti 1 25 I - DATE Fc?mv Up 1 cm Mar-n; Pena?: 501'.- [a 12/04f2014 Acmm Anion 1031a) [21th Arlion 50110) 76 19.14 5 Mm Dania! or 5110' an: 101(6) ,g - - Wi?f-?oo WHISARD Date: 01/3012015 2:40:57 PM Case ID: 1 ?32552 Page 1 Case Number 1732562 27. Gammants: Firm has own corn and bean farm. Firm also acts as FLC for seed companies detasseling and scouting corn and rouging beans. Firm employed approximately 300 Workers in 2014 in MI and IA. Firm grossed in 2013. Vioiations: FLSA - None; MSPA #1 and #1 preferential treatment. FC 12:2!14. ATC. No should be considered; 3rd H-ZA investigation; Pubs emailed 1214!?. 28. List of Working for Subject Of This Investigation Name Hegislration No. Social Security Nu. Eifedwa Date WH-500 WI-HSARD Date: O1/30i2015 2:40:57 PM Case ID: 1732562 Page 2 a,