Forester in Maine court for underpaying workers More than 24 Mexicans allegedly owed earnings

BANGOR – An Arkansas man is being sued in federal court in Maine for allegedly underpaying more than two dozen foreign workers who worked for his forestry business.

Last spring James H. Temple of Hermitage, Ark., had at least 30 people working for his company, Temple Forestry, out of West Forks in northern Somerset County, according to a complaint filed in U.S. District Court. He is accused of paying 30 migrant workers less than the minimum wage, not paying them overtime, and not keeping adequate records on their employment, the complaint indicates.

Labor Secretary Elaine Chao, representing the U.S. Department of Labor, has filed the lawsuit against Temple. The alleged underpayment of the workers violates the federal Fair Labor Standards Act of 1938, according to the document.

John Chavez, spokesman for U.S. Department of Labor’s Boston office, said the 30 men worked for Temple in May and June 2004 under the federal H2B program, which allows employers to hire foreign workers for seasonal, hard-to-fill positions.

“According to our attorney, all of these workers were here legally,” Chavez said. “They are all from Mexico.”

The foreign workers were involved in reforestation operations in the West Forks area, trimming out underbrush and planting trees in cleared areas, according to Chavez. The names of the men are listed as an exhibit with the lawsuit.

It was not clear Tuesday whether Temple had retained an attorney to represent him in the case. Chavez said there was no record of any defense attorney filing a response on behalf of Temple.

“Temple Forestry has decided not to come back to Maine,” Chavez said.

A message left Tuesday afternoon at Temple Forestry’s office in Hermitage, Ark., was not immediately returned.

Chavez said the workers were paid less than $5.15 per hour, the minimum required wage set by the federal government. He said they were paid for working more than 40 hours a week, but not at the required overtime rate.

“We’re not saying they weren’t paid at all for working over 40 [hours],” Chavez said. “We’re saying they weren’t paid properly.”

The men were responsible for their own housing while they were working in Maine for Temple, according to Chavez.

With the lawsuit, federal officials are seeking a judgment requiring Temple to pay the men what they are legally owed for their work. The suit also requests the court to pay additional cash and costs to the 30 workers.