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U.S. files suit over Latino workers' pay

By Carolyn Starks
Tribune staff reporter
Published November 1, 2005


The U.S. Department of Labor has sued the former officials of a Wheeling plastics manufacturer, alleging they failed to pay overtime to two dozen Hispanic employees.

The suit also alleges that officials of Berg Manufacturing and Sales Corp., 50 Messner Drive, paid their employees in cash for work done on Saturdays and Sundays and failed to keep adequate records as required by federal law.

The violations began in September 2003, according to the suit, which was filed last week and seeks compensation for the employees.

Joel Berg, the former president, and Stanley Berg, former vice president, are defendants in the suit. They could not be reached for comment.

Both men have filed for bankruptcy, according to federal court records. The company was sold in April to pay off creditors, said Jeffrey Strange, the Bergs' bankruptcy lawyer.

The employees took complaints about working conditions to the Chicago Interfaith Workers' Rights Center in Chicago, said Jose Oliva, the center's director.

"They said they weren't being trained on health and safety issues or given proper equipment," Oliva said. "They had a high production rate because they were working 60 to 70 hours a week."

The employees eventually organized and are represented by the United Electrical Workers, Oliva said. Working conditions seemed to improve until May 2004, when Oliva said his agency heard that overtime was not being paid. "In situations like this where it is a Latino workforce, it is especially easy for employers to skirt the law. There might be some workers who are not documented and afraid of immigration," he said. "Even for those who are documented, there's still the language barrier."

The company has been cited in recent years for workplace safety violations.