Mexican engineers tricked into factory work at Kia plant win $11.5M settlement

Full text

More than 600 Mexican TN visa workers are covered by the settlement.

Plaintiffs alleged a professional-job bait-and-switch and unpaid overtime.

Kia, Hyundai Mobis, and the other defendants deny wrongdoing.

A federal judge has approved an $11.5 million class-action settlement involving more than 600 Mexican engineers and technical workers. Those workers say they were recruited for professional jobs in Georgia, only to be put on factory lines instead. The defendants include Kia Georgia, Hyundai Mobis, staffing firm Allswell, recruiting agency SPJ Connect, and others connected to the hiring arrangement. They all deny wrongdoing, but the settlement brings a long-running case over allegedly misused TN visas to a close.

var adpushup = window.adpushup = window.adpushup || {que:[]};

adpushup.que.push(function() {

if (adpushup.config.platform !== "DESKTOP"){

adpushup.triggerAd("0f7e3106-c4d6-4db4-8135-c508879a76f8");

} else {

adpushup.triggerAd("82503191-e1d1-435a-874f-9c78a2a54a2f");

}

});

The case, Martinez v. Mobis Alabama, centered on Mexican citizens recruited for jobs including engineering, quality control, and technical positions at Kia Georgia and Hyundai Mobis facilities in West Point. They came to the U.S. on TN visas, which allow qualified Mexican and Canadian professionals to work temporarily in specific occupations. That’s when things allegedly went sideways.

Read: Kids Used A $530,000 Ferrari As A Slide, Sparking Lawsuit

According to the plaintiffs, the jobs they actually received looked nothing like the ones used to secure those visas. Instead of professional-level work, they say they were assigned to manual production-line positions, sometimes for 12-hour shifts across five- and six-day workweeks. The lawsuit further alleged workers were paid less than promised, denied proper overtime, and warned they could face deportation if they complained or sought another job.

var adpushup = window.adpushup = window.adpushup || {que:[]};

adpushup.que.push(function() {

if (adpushup.config.platform === "DESKTOP"){

adpushup.triggerAd("ea4d4b5a-f8e5-4d5d-9d9a-53a3b956b6cd");

} else{

adpushup.triggerAd("44c0a4dc-e25b-4ba5-ac64-2c510461b92a");

}

});

That last part is key. A TN worker’s legal status is tied to a qualifying job, so a person who believes the employer is abusing the arrangement can face a brutally simple choice. Specifically, to stay put or risk losing the basis for being in the country. The plaintiffs brought claims under the Fair Labor Standards Act, federal and Georgia racketeering laws, and other statutes. The settlement covers approximately 614 people recruited by Total Employee Solution Support, SPJ Connect, or Allswell, then assigned by Allswell to Kia Georgia or Hyundai Mobis.

Individual payments will vary. The wage portion works out to $30 per qualifying week, while payments for the fraud-related claims range from roughly $4,113 to $16,800 depending on how long a worker was assigned and when. Class counsel received $3.45 million in fees and costs.

Named plaintiff Isidro Arellano tells CBS he hopes the result encourages other TN workers to speak up.

“I want all workers, especially TN workers, to know that it is possible to take action against employers and win justice. All workers have rights, no matter which country we are from,” Arellano told the news station. “We are human beings and deserve to be treated with respect. I hope this case and this settlement inspires others to speak out against labor violations.”

That may be the bigger point here. This was not simply a dispute over paychecks. The workers alleged that the very visa system meant to bring in specialized professionals was used to create a workforce with few practical options once it arrived.

var adpushup = window.adpushup = window.adpushup || {que:[]};

adpushup.que.push(function() {

if (adpushup.config.platform !== "DESKTOP"){

adpushup.triggerAd("bb7964e9-07de-4b06-a83e-ead35079d53c");

} else {

adpushup.triggerAd("9b1169d9-7a89-4971-a77f-1397f7588751");

}

});

Photos: Hyundai, Kia

var adpushup = window.adpushup = window.adpushup || {que:[]};

adpushup.que.push(function() {

if (adpushup.config.platform !== "DESKTOP"){

adpushup.triggerAd("bb7964e9-07de-4b06-a83e-ead35079d53c");

} else {

adpushup.triggerAd("9b1169d9-7a89-4971-a77f-1397f7588751");

}

});