(MyKeeneNow)-The U.S. Department of Labor has successfully recovered $167,101 in back wages for 20 employees of a Keene-based roofing contractor. This recovery follows the discovery that the company paid incorrect wages and miscalculated overtime for foreign temporary workers hired through the federal H-2B nonimmigrant program, according to a news release.

The investigation by the Wage and Hour Division revealed that The Melanson Company, a subsidiary of Tecta America Company LLC, incorrectly classified these workers as roofer helpers instead of roofers. This misclassification violated the H-2B provisions of the Immigration and Nationality Act. Consequently, the company did not pay the correct prevailing wages, leading to further violations of the Fair Labor Standards Act by basing overtime calculations on incorrect wage rates.

The H-2B program allows U.S. employers to hire nonimmigrant workers temporarily for nonagricultural labor or services. The Wage and Hour Division can impose wage payments and civil money penalties on employers violating H-2B provisions.

As part of a settlement with the division, The Melanson Company agreed to pay $154,596 in H-2B back wages to the improperly classified workers and $12,505 in overtime wages. Additionally, the company paid $28,829 in H-2B civil money penalties. The settlement was formalized by the department’s Office of Administrative Law Judges.

The Melanson Company specializes in construction services, including roofing, suspended ceilings, drywall, and HVAC duct work, serving clients in southern Maine, Massachusetts, New Hampshire, eastern New York, and Vermont.