Washington, D.C. — Companies such as Henry's Turkey Service
of Atalissa are seldom checked by federal inspectors, and the firms
face few penalties even if they're caught exploiting disabled workers,
a U.S. Senate committee was told Monday.
The U.S. Department of
Labor enforces the nation's wage-and-hour laws but has too few
investigators and rarely imposes sanctions against known violators,
current and former department officials told the Senate Health,
Education, Labor and Pensions Committee.

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Henry's Turkey Service is under state and federal criminal
investigation for the alleged exploitation of dozens of mentally
retarded men who worked at a meat-processing plant near Atalissa.
Company officials have denied any wrongdoing.
For 34 years,
Henry's acted as the men's landlord, caretaker and employer in Iowa.
The company paid some of the men as little as 44 cents an hour, but
also provided room, board and care in a 106-year-old bunkhouse that was
closed last month by order of the state fire marshal. The closure came
after The Des Moines Register inquired whether the facility was
operating as an unlicensed care center.
Monday's committee
hearing was led by Sen. Tom Harkin, D-Ia., who characterized the
Atalissa case as a "wake-up call" with regard to workplace exploitation
of the disabled.
"You can't imagine how — I don't think
embarrassing is the right word — but just how badly I feel that this
has taken place in my own state," Harkin said. "Under my own nose. I
didn't even know about it."
Harkin asked John Mc-Keon, deputy
administrator of the Department of Labor's wage-and-hour division, how
the Atalissa operation went undiscovered for so long.
"How could
it be that for going on 30 years they had this situation like this
bunkhouse here — this abandoned school where these people lived — and
no one from DOL would ever check?" Harkin asked. "How could that just
go on year after year after year? Wouldn't something pop up someplace?"
McKeon
said there probably are a lot of employers who are authorized to pay
less than the minimum wage but who "have never seen a wage-and-hour
investigator." He said the Department of Labor has half the number of
wage-and-hour investigators it had in the 1970s.
Harkin is chairman of the Senate appropriations subcommittee that crafts the Department of Labor's annual budgets.
Regarding the Atalissa case, Harkin asked: "Are there more that we don't know about out there like this? I don't know."
"I don't know either, sir," McKeon replied.
Six
years ago, the Department of Labor investigated Henry's payroll
practices and concluded the com-pany owed 43 of its mentally retarded
workers a total of $20,340 in unpaid wages. The department's lead
investigator in the case was Ronald Mease, who has declined to comment
on the matter.
James Leonard, a former attorney for the
Department of Labor, told the committee that violators are rarely asked
to pay anything other than the wages owed to employees. They aren't
asked to pay interest, fines or damages, he said.
"I hate to put
it this way," he told the committee, "but there's almost a financial
incentive to take a chance that you won't be caught — because even if
you are caught, you'll only have to pay back wages."
Curt Decker
of the National Disabilities Rights Network told Harkin the federal
government needs to strengthen its monitoring of employers who are
authorized by the Department of Labor to pay less than the minimum wage.
"The
lack of oversight enabled Henry's Turkey Service to exploit the labor
of individuals with disabilities in order to increase the profit of the
business," he said. "This is outrageous and cannot be continued."
Harkin
said he was considering legislation that would tighten the rules, and
possibly eliminate the minimum-wage exemption, for nonprofit
organizations and for-profit companies that employ the disabled.
"We
need to strengthen the enforcement activities of the Department of
Labor," Harkin said. "I think we also need to strengthen the penalty
system so that people do know that if they get caught, they're going to
get severely fined. ... It's my intent to have some legislation soon in
draft form that would not only get at the Atalissa problem, but cover
the nonprofits that are out there."