Migrant Workers Entitled to OT Over Job Misclassification Claims

A group of migrant workers should receive overtime pay for being steered into heavy truck driving jobs when their visas suggested they’d be working agriculture jobs instead.

Sterling Sugars Sales Corp. owes overtime to 30 workers from Mexico who testified in a bench trial under the Fair Labor Standards Act, Judge Robert R. Summerhays of the US District Court for the Western District of Louisiana said Thursday.

Summerhays noted the FLSA violation wasn’t intentional and that Sterling “acted in good faith.”

Because of this, a two-year statute of limitation applies and no liquidated damages are due, said the judge, who ...