Resort that says it’s ‘Florida as it was meant to be’ shorted workers $151,000 in pay

A Boca Grande resort discriminated against U.S. workers in favor of foreign workers brought in under the H-2B visa program, then shorted those workers $151,598 in pay, the U.S. Department of Labor announced.

That back pay went to nine non-immigrant foreign workers, $16,844 per worker, at the Gasparilla Inn & Club (motto: “Florida As It Was Meant To Be”).

At Gasparilla, a three-night stay in a standard room with a King bed at the end of May will cost you and your snuggle buddy $896. You and your golf buddy can get a standard room with two twin beds for $814, but you’ll have to wait until the end of June.

Gasparilla, which signed a consent agreement with Labor before the Office of Administrative Law Judges, also paid a $49,401 civil money penalty for violating the rules of the H-2B visa program. The program, similar to the H-2A program for non-immigrant seasonal agricultural workers, allows businesses to bring in temporary labor help for work that’s seasonal, intermittent or a one-time high volume period. Resorts commonly use the program for seasonal staffing.

But, there are rules for the program. Labor’s Wage and Hour Division investigators found Gasparilla:

▪ Made some workers “wait years” for visa fee reimbursement and didn’t reimburse some others at all.

▪ Hired two people as front-line workers, but put supervisor tasks on their plate.

▪ “Applied an uncertified job qualification, and applied the qualification arbitrarily, giving preference to less-qualified H-2B applicants.”

▪ “Imposed additional restrictions or obligations on U.S. workers and offered better working conditions to H-2B workers.”

The Wage and Hour complaint section of Labor’s website contains information on how to file a complaint if you believe your employer has violated FLSA or other labor laws. Miami’s Wage and Hour Division office can be reached at 305-598-6607. The national helpline is 866-4US-WAGE (487-9243).

This story was originally published April 5, 2023 at 9:22 AM.

David J. Neal

Miami Herald

305-376-3559

Since 1989, David J. Neal’s domain at the Miami Herald has expanded to include writing about Panthers (NHL and FIU), Dolphins, old school animation, food safety, fraud, naughty lawyers, bad doctors and all manner of breaking news. He drinks coladas whole. He does not work Indianapolis 500 Race Day.