Former St. Regis Resort Employees File Class-Action Lawsuit Alleging Exploitation Under J-1 Visa Program
A group of former employees at the St. Regis Resort in Aspen, Colorado, has filed a class-action lawsuit claiming that they were recruited under the J-1 visa internship program and exploited for low wages. The lawsuit alleges that instead of receiving the required internship training, the workers were assigned to perform menial duties.
Daniel Esteban Camas López, a culinary arts student from Mexico, arrived in Aspen in the autumn of 2020 under the J-1 visa program. He had been transferred to the St. Regis Aspen resort, operated by Marriott International, in May 2021 to complete his internship after the hotel he initially worked at closed for renovations.
Camas López expressed his initial excitement about interning at the prestigious five-star St. Regis resort, only to discover that the promises made to him during the hiring process would not be fulfilled. Rather than receiving proper training, he found himself working as a source of cheap labor, overworked, and paid less than other workers whom he was expected to train. The lawsuit aims to shed light on the exploitation that occurs when companies misuse the J-1 visa program to pay workers unfairly low wages.
Upon joining the program, Camas López paid a program fee of $3,900 to his visa sponsor, Alliance Abroad Group LP. He was also subjected to a financial penalty if he left the program prematurely. However, he soon realized that he was being taken advantage of. It’s ironic because you’re paying for something and you’re just being used, he said. There was no training program to be followed. I signed a training program, but in reality, I was just there to cover for the need for domestic labor.
Camas López reported chronic understaffing at the hotel, with at least ten vacant positions in the culinary department. Temporarily hired workers were paid more than the interns, despite requiring training from them. The same treatment was experienced by other J-1 visa holders in various departments.
The J-1 visa program mandates that participants cover the costs associated with their employment but prohibits their use as a substitute for regular employment or the displacement of domestic jobs.
Camas López argues that the lawsuit’s ultimate goal is to ensure the respect and adherence to the J-1 visa program. He highlighted that the program is meant to be a professional exchange opportunity for foreign students and professionals to learn about American businesses. However, he and his coworkers were exploited by the companies involved, being utilized as cheap labor instead.
The lawsuit specifically accuses Marriott International, the owner of the St. Regis, of violating the Colorado Consumer Protection Act by offering fraudulent internships that involve human trafficking. It also alleges that Marriott International and the visa sponsor were involved in a racketeering enterprise related to visa fraud statutes, foreign labor contracting statutes, and trafficking statutes.
Despite being paid $14 per hour, with overtime wages of $21 per hour, Camas López had $800 in monthly rent deducted for substandard shared housing and a bus pass fee taken from his paycheck.
Throughout the internship, Camas López’s workload increased significantly. Initially working 48 hours a week, he was soon working 72 hours a week, often pushing even longer hours. This violated the J-1 visa program’s criteria, which states that interns should work a minimum of 32 and a maximum of 40 hours weekly, allowing time for cultural engagement, an aspect that Camas López claims he was denied.
His requests for training, time off, and reduced workloads were neglected by the executive chef. As a result, his daily routine consisted of waking up at 8 am, quickly preparing for work, and returning home around midnight. This schedule left him with just one day off per week to rest.
David Seligman, an attorney representing the workers, emphasized the exploitation of the J-1 visa program by companies seeking to capitalize on a cheap, easily exploitable foreign workforce. He criticized the lack of oversight and regulation of the J-1 visa program, as it often fails to serve as a cultural exchange program, instead functioning as a channel for low-wage work under unfavorable conditions.
The J-1 Visa program has previously faced criticism for enabling employers to obtain inexpensive foreign labor. A 2019 report by the International Recruitment Working Group revealed that occupations frequently used under the program, such as hospitality work, tend to have the lowest wages in the labor market, affecting both visa holders and the local labor market’s dynamics.
The AFL-CIO, the biggest coalition of unions in the U.S., has highlighted the program’s inadequate oversight regarding working conditions, enabling abusive work practices during recruitment.
Marriott International has refrained from commenting on the allegations, citing ongoing litigation.
