December 13, 2012 (Press-News.org) A Texas company that underpaid mentally disabled workers for decades recently received several million-dollar judgments against them for violating the Americans With Disabilities Act of 1990, the Fair Labor Standards Act and several state labor laws for its treatment of its disabled employees.
Hill Country Farms, d.b.a. Henry's Turkey Service, illegally paid disabled workers a total of 41 cents per hour to eviscerate turkeys at an Iowa plant. The workers' rate of pay did not change in 30 years. Some of the workers had been working at the plant since the 1970s. The company has had three judgments against them of more than $1 million since 2009. A dilapidated bunker where some of the workers lived was also shut down in 2009 because of unsafe living conditions.
No criminal charges were filed, as prosecutors determined the multi-million dollar lawsuits brought by state and federal agencies were punishment and deterrent enough.
Several Lawsuits, Federal Investigation
The federal government first investigated Henry's Turkey Service in both 1997 and 2003. The Department of Labor found the Texas firm had failed to pay overtime to its employees both times. Under the Fair Labor Standards Act, employers must pay a federal minimum wage of $7.25 per hour as well time-and-a-half pay for overtime, defined as any hours over 40 per week. Under the law employers are also required to keep accurate timesheets of employees' work.
In both investigations, the Department of Labor directed Henry's Turkey Service to pay the workers their OT back pay, which they did, and the company promised to obey federal law in the future, which it did not.
Americans With Disabilities Act of 1990
In addition to paying the disabled workers' wages (however small), the company also provided care, room and board, and was designated to receive the workers' Social Security benefits. Rather than take the SSD payments to pay for care, however, Henry's Turkey Service also deducted $1,000 per month from employees' paychecks for providing room and board and pocketed the extra money from the workers' SSD payments.
U.S. District Judge Charles Wolle found that the company illegally deducted those expenses and awarded the workers $1.37 million in back pay. Judge Wolle wrote that the number represented how much more the workers should have been paid between 2007 and 2009. While the company had been engaged in the practice much longer than three years, under federal law the workers could not recover past two years previous to the lawsuit being filed.
The company was also forced to pay over $1 million to its workers for violating state labor laws.
Discrimination and Illegal Wages
Despite recent gains, employers continue to practice discrimination against protected groups and violate federal wage laws. Employees who suspect they have been the victim of discrimination or have not been paid what they are due under the law should contact an experienced wage and hour violation attorney to discuss their situation.
Article provided by Kennard Law P.C.
Visit us at http://www.kennardlawsanantonio.com
Texas Company Forced to Pay Several Million to Disabled Workers
A Texas company that underpaid mentally disabled workers for decades recently received several million-dollar judgments against them for violating the Americans With Disabilities Act.
2012-12-13
ELSE PRESS RELEASES FROM THIS DATE:
How a Lawyer Can Help Resolve California Probate Complications
2012-12-13
Dealing with the death of a loved one is hard enough without having to handle the court appearances, legal duties and other details of administering to the final wishes of family and friends regarding their estates and burials. A comprehensive, up-to-date estate plan can avoid many inheritance disputes and complications, helping to ease the transition. Unfortunately, many people die without a proper estate plan, even if they managed to create a will. Even if an estate plan is legally valid and clear, simply by its nature, handling estate and inheritance matters can be complicated ...
Secrets of Successful Co-Parenting After a Kansas Divorce
2012-12-13
After divorce, many people would like nothing more than to never see their ex-spouses again. However, those who had children while married do not have that option. They have to learn to redefine their relationships with their former spouses so they can continue to raise their children together after divorce. People can follow some simple steps to make co-parenting more successful.
Focus on the Child
One thing that successful co-parents have in common is that they put their children first. They are able to set the issues they have with their ex-spouses aside in order ...
The Law Surrounding Discharging of Fireworks in Indiana
2012-12-13
One of the many ways that Americans celebrate their holidays is by setting off fireworks. In the Hoosier State, it's no different. With New Years Eve almost here, it is important to make yourself aware of the laws surrounding fireworks, so you can have a safe holiday season and minimize the possibility of a fireworks personal injury claim.
Indiana fireworks law
Indiana counties have some ability to adopt ordinances that regulate the days and hours that consumer fireworks can be discharged. However, any ordinance adopted cannot restrict the use of fireworks during ...
"Grey Divorce" Becoming More Common Across the Country
2012-12-13
In the past, people in their 50s, 60s or 70s were seeing an attorney to create a will or other estate plan. Now, a growing number of people in this age group are seeking an attorney because they want to get a divorce after decades of marriage. According to a Bowling Green State University Study, divorce among those aged 46 to 64 has increased by more than 50 percent in the past two years and this has greatly contributed to the divorce rate in the country.
Divorce stabilizing among other age groups
The Bowling Green study showed that divorce rates in the country are ...
Wrongful Death Actions Provide Recovery Against Drunk Drivers in Texas
2012-12-13
Drunk drivers are recurrent menaces on Texas' roadways, responsible for 1,259 deaths and 42 percent of car accidents in 2010 alone. Those convicted of DWI face serious criminal penalties, fines and loss of freedoms. However, criminal penalties do not compensate the victim's family if the drunk driver kills someone. Fortunately, there is a legal remedy available to those whose loved ones have paid the ultimate price because of someone else's carelessness--wrongful death.
Wrongful death lawsuits are a common legal remedy for families who have lost relatives in drunk driving ...
Tennessee Supreme Court Allows Damages for False Paternity Claim
2012-12-13
Becoming a father is both an enormous blessing and a huge responsibility. The birth of a child brings one of the most loving and fulfilling relationships that most men will ever know. However, raising a child also means a huge commitment of both time and money. In addition to the ordinary costs of taking care of a child, a man who is not married to the child's mother will likely also have to make monthly child support payments.
Imagine, then, raising a child as your own only to find out that you are not the child's biological parent. The mother knew this all along, but ...
New Jersey Expands Drug Court Program as an Alternative to Prison
2012-12-13
New Jersey Gov. Chris Christie recently signed into law a new measure expanding state programs that allow some people convicted of nonviolent drug offenses to receive treatment through the state's drug court rather than spend time in prison. The measure has been praised as a way to help ease financial strain on the New Jersey prison system while providing services that are more effective at improving recovery rates and reducing recidivism.
Drug court programs have existed in New Jersey for over a decade, giving people convicted of certain drug crimes the opportunity ...
Florida Continues to Fund assisted Living Homes Despite Abuse, Neglect
2012-12-13
An investigation by the Miami-Herald found that Florida's Agency for Healthcare Administration has continued to award assisting living facilities Medicaid funds despite repeated instances of abuse and neglect of residents.
The state of Florida gives the agency the power to withdraw or suspend Medicaid funding to assisted living facilities that fail to pass inspections or that have documented instances of abuse or neglect. Often, Medicaid funds mean the difference between survival and closing up shop for assisted living facilities, which rely on Medicaid money to fund ...
Divorce and Children: Tips for Successful Co-Parenting
2012-12-13
No matter how acrimonious a divorce is, when it comes to taking care of the needs of children, cooler heads must prevail. In order to successfully co-parent with your ex, you do not have to be best friends, but you do have to work together to give your child the care that he or she deserves.
How to co-parent successfully
The following tips can help you to successfully work as a team with your ex in order to care for your child following divorce.
Proximity. Although it is not always possible, and jobs can sometimes move us far away from home, do your best to keep ...
Overview of Child Support in Nevada
2012-12-13
Nevada couples know what a painful and emotional experience a divorce is. If children are involved, child support complicates the situation even further.
Child support in Nevada
Child support is a financial contribution by one parent to help support his or her child. In Nevada, child support is required until the child is emancipated. The normal emancipation age is 18, although if a child is still in high school emancipation may not occur until age 19.
The main factor when determining custody is the best interest of the child. Joint physical custody is granted ...
LAST 30 PRESS RELEASES:
New strategies to enhance chiral optical signals unveiled
Cambridge research uncovers powerful virtual reality treatment for speech anxiety
2025 Gut Microbiota for Health World Summit to spotlight groundbreaking research
International survey finds that support for climate interventions is tied to being hopeful and worried about climate change
Cambridge scientist launches free VR platform that eliminates the fear of public speaking
Open-Source AI matches top proprietary model in solving tough medical cases
Good fences make good neighbors (with carnivores)
NRG Oncology trial supports radiotherapy alone following radical hysterectomy should remain the standard of care for early-stage, intermediate-risk cervical cancer
Introducing our new cohort of AGA Future Leaders
Sharks are dying at alarming rates, mostly due to fishing. Retention bans may help
Engineering excellence: Engineers with ONR ties elected to renowned scientific academy
New CRISPR-based diagnostic test detects pathogens in blood without amplification
Immunotherapy may boost KRAS-targeted therapy in pancreatic cancer
Growing solar: Optimizing agrivoltaic systems for crops and clean energy
Scientists discover how to reactivate cancer’s molecular “kill switch”
YouTube influencers: gaming’s best friend or worst enemy?
uOttawa scientists use light to unlock secret of atoms
NJIT mathematician to help map Earth's last frontier with Navy grant
NASA atmospheric wave-studying mission releases data from first 3,000 orbits
‘Microlightning’ in water droplets may have sparked life on Earth
Smoke from wildland-urban interface fires more deadly than remote wildfires
What’s your body really worth? New AI model reveals your true biological age from 5 drops of blood
Protein accidentally lassos itself, helping explain unusual refolding behavior
With bird flu in raw milk, many in U.S. still do not know risks of consuming it
University of Minnesota research team awarded $3.8 million grant to develop cell therapy to combat Alzheimer’s disease
UConn uncovers new clue on what is leading to neurodegenerative diseases like Alzheimer’s and ALS
Resuscitation in out-of-hospital cardiac arrest – it’s how quickly it is done, rather than who does it
A closer look at biomolecular ‘silly putty’
Oxytocin system of breastfeeding affected in mothers with postnatal depression
Liquid metal-enabled synergetic cooling and charging: a leap forward for electric vehicles
[Press-News.org] Texas Company Forced to Pay Several Million to Disabled WorkersA Texas company that underpaid mentally disabled workers for decades recently received several million-dollar judgments against them for violating the Americans With Disabilities Act.