RoGar ordered to pay back wages
EL CENTRO – An El Centro company that was ordered to pay 17 employees a total of more than $41,000 in back wages is disputing the federal government’s claim it wrongly denied workers’ requests for coronavirus-related paid sick leave.
The enforcement action against RoGar Manufacturing Inc. stemmed from an investigation by the U.S. Department of Labor’s (DOL) Wage and Hour Division that reportedly determined the company had fired the workers who requested paid leave under the Families First Coronavirus Response Act (FFCRA).
Company President Bob Garcia contended that the company hadn’t fired any worker for requesting FFCRA paid leave, and that he and other company officials were surprised by the government’s announcement of the reported wage violation.
“It’s totally incorrect,” Garcia said. “There’s nobody that we owe any money to.”
Garcia acknowledged that the government’s announcement, made Wednesday, stemmed from an instance in April when more than a dozen workers failed to report to work after assuming they had been approved for vacation and FFCRA-eligible paid leave.
The company subsequently notified the workers that they were being fired for job abandonment, which prompted a complaint with DOL, Garcia said.
Though the company was contacted by the DOL following the incident, Garcia said that eventually the investigator verbally told him that the company’s actions did not violate any labor law.
He also contended that the DOL’s announcement on Wednesday stemmed from a miscommunication between parties that had conducted the investigation and those who drafted the press release.
“It was totally unfounded and totally irresponsible,” Garcia said.
In its press release announcing the enforcement action, the DOL reported that RoGar suspended all disciplinary actions, agreed to pay the back wages and honored FFCRA leave for all eligible workers upon request.
The agency did not respond to a request for comment about Garcia’s allegations regarding what he perceived to be its unfounded claims.
The agency did not disclose whether its investigation was prompted by an impacted employee’s complaint, citing the confidentiality of such matters. A spokesperson did indicate that some investigations are prompted by referrals from stakeholders and enforcement partners, including state agencies.
RoGar has worked closely with the DOL since April to ensure compliance with all paid leave provisions of the FFCRA and contends that all wages under the FFCRA were paid to employees when earned, according to a written statement provided by Carl J. Lehman, associate attorney with Horton, Knox, Carter & Foote.
“RoGar Manufacturing is in contact with the DOL to confirm that no further wages are owed to employees and to correct any misconceptions that the DOL may have regarding how RoGar Manufacturing compensates its employees,” the statement read.
The Families First Coronavirus Response Act requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19, according to the DOL’s website.
Eligible employees are able to access up to 80 hours of paid sick leave at their regular rate of pay if they need to quarantine because of COVID-related illness or are experiencing symptoms and seeking a diagnosis, DOL reported.
Additionally, the FFCRA extends up to 80 hours of paid leave at two-thirds of an employee’s pay for those unable to work because of a need to care for a quarantined individual, or care for a child whose school or child care provider is closed or unavailable due to the pandemic.
The provisions of the act are effective through Dec. 31.
Many of the RoGar employees in question had previously told the IV Press they had requested paid leaves in late April out of concern about the potential spread of
COVID-19 at the bustling worksite, where a few employees had recently tested positive.
The company had also enhanced its workplace precautionary measures at the recommendation of the county Public Health Department, which conducted a COVID-related site visit and assessment.
Many claimed their respective requests were verbally approved by a supervisor and that they were subsequently notified on their requested days off that they needed written approval and were therefore being fired for job abandonment.
After having protested their termination, an agreement was reached that allowed for the immediate return of the employees. At the time, Garcia said that those who had requested and been eligible for FFCRA paid leave were approved.
During that period, the company had about 40 employees whose paid leaves had been ap
proved. Their collective absences created challenges for the company to honor its contracts with customers, Garcia said. Most of those employees have since returned to work.
The company was founded by Garcia, a Calexico native, in Santa Clara County in 1979 and eventually relocated to Calexico and again to El Centro in 2003. It manufactures cable and wire harnesses, and employees are considered essential workers.
The company was successfully able to obtain a Paycheck Protection Program loan somewhere between $350,000 to $1 million, and whose exact dollar amount Garcia declined to specify.
The loan has since allowed RoGar to bolster its workforce to nearly 200, and expand its operations into an adjacent building.
“We’re in it for the long run,” Garcia said.