Criminal charges rare in cases like Atalissa
Monday, November 23, 2009
- Organization: The Des Moines Register
- Link: http://www.desmoinesregister.com
Henry's Turkey Service is accused of more than 9,000 violations of state and federal laws in the alleged exploitation of mentally retarded workers in Iowa, but no criminal charges have been filed against the company.
That's not unusual. The federal government rarely brings criminal charges against companies for the theft of workers' wages, and congressional investigators say civil enforcement has been seriously lacking.
In some cases, Iowa law does not allow for criminal charges for labor law violations. Nine months later, numerous crimes have been alleged, but no criminal charges have been filed. Among the allegations: • Iowa Workforce Development alleged that Henry's failed to pay the minimum wage, made illegal deductions from workers' pay and failed to provide pay stubs to them. In Iowa, there are no criminal penalties for those offenses. The civil penalties for each violation are capped at $100 - less than a littering ticket. But Henry's has been accused of 9,000 violations, resulting in a $900,000 penalty that is being appealed. Labor department spokesman Rich Kulczewski said that long-time employees of the department could not find anyone who remembered criminal penalties being imposed for wage-and-hour violations. (Please click link to read full story)
The Des Moines Register reported in February that dozens of mentally retarded employees of Henry's Turkey Service had been working in a West Liberty meat-processing plant for the past 35 years, collecting 40 cents an hour for their work and living in a dilapidated company building in Atalissa.
When the bunkhouse was closed by Iowa officials in February, state leaders expressed outrage and the governor pledged that the people responsible would be held accountable.
• Iowa's Department of Inspections and Appeals concluded in March that Henry's owners ran the bunkhouse as an unlicensed care center. That's a crime in Iowa punishable by a fine of up to $1,875 and up to a year in jail. The matter was referred to Muscatine County Attorney Gary Allison eight months ago, but no charges have been filed.
• The U.S. Department of Labor last week alleged at least 100 violations of minimum-wage laws. The violations could have led to criminal charges and a fine of up to $10,000. The department rarely pursues criminal charges for theft of workers' pay, so the case is being handled as a civil matter.

