San Diego, a bustling city on the border between the U.S. and Mexico, is a hub for cross-border commerce and labor. While many companies in this region employ Mexican workers, ensuring fair labor practices is crucial. The U.S. Department of Labor (DOL) and the Mexican Consulate in San Diego are working together to protect these workers from exploitation, particularly in the warehouse and logistics sectors. This article sheds light on recent DOL investigations into wage theft and highlights the vital role of the Mexican Consulate in safeguarding the rights of Mexican workers in San Diego.
Recent investigations by the Wage and Hour Division of the DOL have uncovered disturbing practices by several San Diego-area customs warehouses. Following a significant investigation into Premar Global Warehouse Logistics in 2021, investigators found that Columbia Export Group PDSA, OMG Global Logistics, and Atlas Freight Forwarding were also violating the Fair Labor Standards Act (FLSA). These companies were found to be paying workers in Mexican pesos at rates as low as $2.50 per hour, far below the U.S. minimum wage.
These investigations led to consent judgments against these three employers in the U.S. District Court for the Southern District of California. The court ordered the companies to pay nearly $2 million in combined back wages and overtime to 108 affected workers. Additionally, penalties totaling $56,675 were levied against the companies for their reckless disregard of minimum wage and overtime laws.
Alt: U.S. Department of Labor investigators ensuring fair wages for workers, preventing exploitation and enforcing employer accountability.
Solicitor of Labor Seema Nanda emphasized the importance of these actions, stating, “All employees working in the U.S. are entitled to the full protections of the Fair Labor Standards Act. Through our enforcement efforts, these San Diego employers have come to realize that they cannot avoid federal labor protections simply because their employees return home across the border at the end of the workday.” She urged other employers in the industry to comply with labor laws to avoid similar costly consequences.
The DOL’s investigations revealed that Columbia Export Group PDSA, OMG Global Logistics, and Atlas Freight Forwarding were using similar schemes to exploit workers. This included using affiliates in Mexico to pay employees as if they were working in Mexico, not the U.S., effectively circumventing U.S. labor laws.
Acting Wage and Hour Division Administrator Jessica Looman condemned such exploitation: “Exploitation like what we found in these investigations is unacceptable. No one should be paid as little as $2.50 per hour. The outcome of these cases sends a clear message that the U.S. Department of Labor will hold these labor law violators accountable.”
A crucial partner in protecting Mexican workers’ rights in San Diego is the Mexican Consulate. The Wage and Hour Division maintains a strong working relationship with the Mexican Consulate in San Diego to ensure that Mexican nationals working in Southern California are aware of their rights under U.S. labor law. This collaboration is vital in reaching workers who may be vulnerable to exploitation and ensuring they know how to report violations without fear.
Alt: Consul General Carlos González Gutierrez of the Mexican Consulate in San Diego, advocating for Mexican workers’ rights and the importance of US labor law enforcement.
Consul General of Mexico Carlos González Gutierrez in San Diego highlighted the core mission of the consulate: “Providing protection to Mexican nationals is the main task of the institution I represent.” He stressed the importance of these cases in reminding both workers and employers that U.S. labor law applies once a worker crosses the border into the U.S. and that these laws will be rigorously enforced.
Consul General Gonzalez Gutierrez also underscored the long-standing partnership between the Mexican Consulate and the U.S. Department of Labor. He encouraged Mexican workers needing support, consular protection, or free legal advice to contact the Consulate directly at 619-231-3847 or via email at [email protected].
The Wage and Hour Division emphasizes that it enforces the law regardless of a worker’s immigration status. They can provide confidential assistance in over 200 languages. Workers seeking information about the FLSA or other laws enforced by the division can contact their toll-free helpline at 866-4US-WAGE (487-9243). Additional resources, including a back wage search tool, are available on the Wage and Hour Division website.
In conclusion, the collaborative efforts of the U.S. Department of Labor and the Mexican Consulate in San Diego are essential in combating wage theft and protecting the labor rights of Mexican workers in the San Diego region. These recent cases serve as a strong reminder to employers to comply with U.S. labor laws and highlight the resources available to workers who have been exploited. The Mexican Consulate stands as a crucial ally for Mexican workers, providing support and guidance to ensure fair treatment and legal protection in the U.S. workforce.
