February 25, 2011

Court Finds Employer Responsible for Certain H-2B Costs

The U.S. District Court for the Western District of New York found that the visa, travel, and recruitment expenses paid by H-2B workers primarily benefit the employer. In Teoba v. Trugreen Landcare, No. 10-CV-6132 (W.D.N.Y. filed Feb. 15, 2011), the Court also determined that, per the Fair Labor Standards Act, the employer must reimburse the H-2B workers for the costs if, after subtracting the costs from the workers’ wages, the workers’ net salary would fall below minimum wage.