By Bruce Buchanan, Siskind Susser

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The Justice Department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has filed a lawsuit against Nebraska Beef Ltd., of Omaha, Nebraska, for failing to comply with the terms of a settlement agreement (See prior blog entry - http://blogs.ilw.com/entry.php?8784-...00-000-Penalty) that the parties entered to resolve a case involving allegations of discriminating against work-authorized non-citizens.

The Complaint alleges that Nebraska Beef entered into a settlement agreement with the Justice Department on Aug. 24, 2015, to resolve the OSC’s investigation into whether Nebraska Beef was discriminating against work-authorized non-citizens. The agreement requires Nebraska Beef to pay $200,000 as a civil penalty, and also to compensate affected workers who present valid claims for back pay. Although Nebraska Beef’s civil penalty payment was due 10 business days after the agreement was signed by both parties, the company has failed to make any payments. Nebraska Beef has stated that it will not comply with almost all of the terms of the agreement because it feels that the OSC’s press release announcing the agreement should have been worded differently. According to the OSC, the parties’ agreement does not contain any terms or provisions restricting the language in OSC’s press release.

It is rare for a company to enter into a settlement agreement and thereafter not abide by it. I will keep you apprised on this lawsuit