Court orders Minnesota carnival operators to pay $146K in back wages to temporary foreign workers denied wages, $63K in civil money penalties

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Court orders Minnesota carnival operators to pay $146K in back wages to temporary foreign workers denied wages, $63K in civil money penalties

Employers: GoldStar Amusements Inc., owner Michael Featherston, Fairbault, Minnesota

Lee's Concessions Inc., owner Connie Featherston, Fairbault, Minnesota

Action: U.S. Department of Labor Administrative Law Judge decision

Court: U.S. Department of Labor, Office of Administrative Law Judges, Cincinnati, Ohio

Court action: U.S. Department of Labor Administrative Law Judge Steven Bell issued a decision on March 13, 2024, affirming the findings of a Wage and Hour Divisioninvestigation that determined - during their 2016 and 2017 seasons - carnival operators GoldStar Amusements Inc. and Lee's Concessions Inc. did not pay prevailing wages, pay inbound and outbound transportation costs, and keep accurate earning statements for foreign workers employed under the H-2B visa program. The program permits employers to hire nonimmigrant workers to perform temporary nonagricultural work on a one-time, seasonal, peak load or intermittent basis.

The decision follows hearings held in January and July 2023 before Administrative Law Judge Steven Bell and affirmed the division's violations.

Wages and damages recovered: $146,243 to 55 employees

Penalties assessed: $63,584 in civil money penalties.

Quote: "The H-2B visa program includes very specific terms regarding wages, transportation and other requirements, which are clearly defined for employers when they apply to hire foreign workers," said Wage and Hour District Director Kristin Tout in Minneapolis. "Employers such as these are legally responsible for knowing and complying with federal wage laws."

Background:Owned by Michael Featherston, GoldStar Amusements provides amusement rides at carnivals and fairs while Lee's Concessions - owned by Michael's spouse, Connie Featherston - provides food and games at carnivals and fairs. Both companies share principal offices in Faribault.

Learn more about the Wage and Hour Division, a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency's toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from.

Download the agency's new Timesheet App for iOS and Android devices - also available in Spanish -to ensure hours and pay are accurate.

Administrator, Wage and Hour Division, United States Department of Labor V. GoldStar Amusements Inc., Lee's Concessions Inc.

Case Nos. 2021-Tne-00027; 2021-Tne-00028