Full opinion text
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW EAGAN, Chief Judge. (PHASE TWO) In 2001, more than fifty men left their homes in India for work in Tulsa, Oklahoma at John Pickle Company, Inc. (“JPC”). In 2002, fifty-two of these individuals sued JPC and John Pickle, Jr. (“John Pickle”) with seven claims for relief, five of which remain: (1) violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219; (2) race discrimination under 42 U.S.C. § 1981; (3) deceit; (4) false imprisonment; and (5) intentional infliction of emotional distress. The Equal Employment Opportunity Commission (“EEOC”) subsequently brought an action against JPC for violations of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), 42 U.S.C. § 2000e-2(a), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981 (“ § 1981”). Plaintiffs seek compensatory and punitive damages as well as injunctive relief. The Court initially planned to proceed in three phases and, after a non-jury trial in the first phase, determined that the Chel-len plaintiffs were employees, not trainees, under the FLSA. See Chellen v. John Pickle Co., 344 F.Supp.2d 1278 (N.D.Okla. 2004) (hereinafter “Chellen I ”). With the agreement of the parties, the Court combined the second and third phases of the proceedings to determine liability as well as damages for all claims. The non-jury trial for this second and final phase was held in March 2005. The parties stipulated to representative witness testimony whereby a few individual plaintiffs testified at trial on behalf of all of the individual plaintiffs. The parties also stipulated, among other things, that all evidence of record in the Phase I proceedings could be used in support of any claim or defense presented in Phase II of the proceedings. Indeed, they presented overlapping evidence and argument affecting all issues, and many of the Court’s earlier Findings of Fact and Conclusions of Law (Dkt.# 151) apply to the merits of the entire case. Accordingly, the Court incorporates its prior findings and conclusions herein. The Amended Findings of Fact and Conclusions of Law include revisions to paragraph 57 of the findings of fact and paragraph 42 of the conclusions of law. The Court has reconsidered its previous findings of fact and conclusions of law to include a separate award of compensatory damages under 42 U.S.C. § 1981a for emotional anguish and distress. FINDINGS OF FACT Any conclusion of law which is more appropriately characterized as a finding of fact is incorporated herein. FLSA 1. Phase I of the trial was directed specifically at the Chellen plaintiffs’ FLSA claim. The Court set forth 57 findings of fact therein that are directly applicable to the Court’s determination of liability on this claim. See Chellen I, 344 F.Supp.2d at 1280-91. Those findings need not be repeated in full, as defendants have stipulated that JPC did not pay the Chellen plaintiffs minimum wage as required by the labor and employment laws of the United States. Phase I Pretrial Order (Dkt.# 132), Stip. 111(E). Defendants have not stipulated, however, to the damages recoverable by the Chellen plaintiffs or to plaintiffs’ allegation that John Pickle is individually liable for any violation of the FLSA. 2. Defendants assert that the amounts reflected in Def. Ex. 101 accurately reflect the regular, overtime, and total hours worked by each Chellen plaintiff, as well as the actual wages paid to each worker, the minimum wage difference, the overtime difference and the gross total difference between the amount paid by JPC and the amounts owed under the FLSA to each Chellen plaintiff other than Mohammed “Hassan” Usman. Usman was not named as a plaintiff in Case No. 02-CV-85-CVE-FHM, but the EEOC apparently filed suit on his behalf in Case No. 02-CV-979-CVE-FHM. Usman settled a related claim for wages through the United States Department of Labor (“DOL”). The total amount set forth in Def. Ex. 101 is $86,919.48, less $2,250.13 (owed to Usman), which equals $84,669.35. 3. Defendants contend that they are entitled to offsets for JPC’s expenditures for the Chellen plaintiffs’ housing, food, medical needs, and telephone calls. Defendants offered the testimony of Christina Pickle, wife of defendant John Pickle, as to the costs incurred by defendants for housing and other items for which defendants seek credit. Ph. II Tr. at 879-82. For lodging, the defendants seek $4.50 per plaintiff per day, for a total of $23,679.00. Def. Ex. 62-E-2. Defendants seek a total of $16,011.81 as an offset for food, Def. Ex. 62-D-2; $8,062.62 for medical expenses, Def. Ex. 62-F-2; and $2,177.24 for telephone expenses, Def. Ex. 62-G-2. Although defendants initially sought credits for travel and transportation costs as well as uniforms and tools, they have abandoned those requests. See Def. Prop. Findings and Conclusions, Dkt. # 199, at 3-4. Therefore, the total amount of credit sought by the defendants is $49,930.67. 4. The EEOC’s expert witness testified that offsets for housing against FLSA wages are allowed to an employer where the benefit is primarily to the employee as opposed to the employer. If allowed, an offset for housing is calculated as (a) the cost of the structure divided by the number of employees; (b) the fair value of the housing; or (c) the reasonable value charged by the employer. Ph. II Tr. at 926. However, the expert concluded that the costs for housing provided by defendants to the Chellen plaintiffs should not offset the minimum and overtime wages owed. He reasoned that: living conditions in the dormitory were sub-standard; the Chellen plaintiffs did not use the facility voluntarily; and the defendants used an arbitrary “rental” cost in calculating what they argued was a fair market value for the housing. Ph. II Tr. at 924-28. The Court finds that JPC and John Pickle are not entitled to an offset for housing. 5. Plaintiffs argue that defendants’ request for an offset for food is unconscionable, given the limited quantity and poor quality of the food provided by defendants to the Chellen plaintiffs. However, the Chellen plaintiffs were fed three meals per day. The Court finds that JPC and John Pickle are entitled to an offset for food. The EEOC concedes that a credit for medical treatment provided to the Chellen plaintiffs would be appropriate, and the Court finds it an appropriate offset. Finally, the Court finds that an offset for telephone expenses is appropriate. 6. The Chellen plaintiffs argue, for purposes of recovering liquidated damages, that the following facts give rise to a finding that defendants’ violation of the law was willful and not in good faith: defendants sought “cheap labor,” as stated by John Pickle, see Chellen I, 344 F.Supp.2d at 1280 (FOF ¶ 1), 1290 (FOF ¶ 2); defendants knowingly obtained improper visas for defendants, see id. at 1282 (FOF ¶ 10), 1289 (FOF 1148), 1290 (FOF ¶ 52), 1291 (FOF ¶ 57); defendants misrepresented to U.S. officials that the Chellen plaintiffs would be part of a “training” program, id. at 1281 (FOF ¶ 6), 1285 (FOF ¶ 28), 1289 (FOF ¶49); defendants backdated employee evaluations in an effort to prove that the Chellen plaintiffs were “trainees,” id. at 1284 (FOF ¶ 23), 1288 (FOF ¶ 40); and defendants routed wages to the Chellen plaintiffs through defendants’ Indian recruitment agent, AL Samit International (“AL Samit”), id. at 1282-83 (FOF ¶¶ 12, 13), 1290 (FOF ¶52). John Pickle directly participated in the creation and execution of the plan to bring the plaintiffs to Oklahoma. Id. at 1280 (FOF ¶ 1), 1281 (FOF ¶ 7), 1287 (FOF ¶ 38), 1290 (FOF ¶ 52). The Court finds that John Pickle is personally liable for violation of FLSA. The Court further finds that an award of liquidated damage under the FLSA, equal to the amount of wages owed, is appropriate as against both defendants. 7. Given the Court’s findings of fact as to the parties’ wage stipulations, the Court concludes that all of the Chellen plaintiffs other than Mohammed “Hassan” Usman, who settled his wage claim through the DOL, are entitled to compensatory damages in an amount equal to the gross total difference between the amount paid by JPC and the amounts owed under the FLSA to each Chellen plaintiff (other than Usman), less offsets itemized in Jt. Ex. 2 for expenses related to food, medical needs, and telephone expenses. The total amount is $86,919.48 less $2,250.13 (owed to Usman), or $84,669.35, less $26,251.67 (offsets), for a total amount of $58,417.68, plus an equal amount of liquidated damages. Civil Rights (Title VII and § 1981) 8. Each of the Chellen plaintiffs is a citizen of India. Defendants dispute that the Chellen plaintiffs’ race differs from their own; defendants do not dispute that the Chellen plaintiffs’ national origin is East Indian. The EEOC asserts that the race of the Chellen plaintiffs is Asian; defendants assert that no evidence was presented to show that the Chellen plaintiffs are of a race other than the Caucasian race. The Chellen plaintiffs do not specify their race but simply state that they are citizens of India and that “white,” “American” employees at JPC received different treatment. See PL Proposed Findings and Conclusions, Dkt. #200, at 32-36. The Court finds it unnecessary to make a determination of the Chellen plaintiffs’ race, given its findings and conclusions based on the Chellen plaintiffs’ national origin, ethnicity, and culture. Disparate Treatment Wages 9. The Chellen plaintiffs were qualified for the jobs for which they were recruited, tested, transported, and employed and which, ultimately, they performed at JPC. See Chellen I, 344 F.Supp.2d at 1288-89 (FOF ¶¶ 43-46). The Chellen plaintiffs who worked as welders, fitters, roll/break operators, and electrical ■ maintenance workers were paid less than their non-Indian JPC counterparts who had similar skills, abilities, and job duties. See Pl.Ex. 62B; Ph. II Tr. at 827-29. JPC did not employ any non-Indian cooks. Testing 10. The Court’s prior findings detail the testing requirements for the Chellen plaintiffs in comparison with non-Indian JPC employees. See Chellen I, 344 F.Supp.2d at 1283-84 (FOF ¶¶ 17-19). In short, JPC required all the Chellen plaintiffs to pass skill tests in India before they were hired, and the welders were required to pass a second test when they arrived at JPC in the United States. JPC required its non-Indian welders to pass only one test before hire, and it did not consistently require fitters to pass a skill test. Classifications 11. Unlike their practice for new hires of non-Indians, JPC managers did not view the test results, qualification documents, certifications, or employment histories of the Chellen plaintiffs before assigning them a classification upon which to base their pay. Chellen I, 344 F.Supp.2d at 1283 (FOF ¶ 14). Although the record is unclear on this point, it appears that JPC managers initially assigned most of the Chellen plaintiffs an entry level “C” classification, although some may have received a “B” classification. Id. (FOF ¶ 15); Pl.Ex. 66. None received an “A” classification. 12. Near the end of the time the Chel-len plaintiffs were at JPC, JPC managers evaluated and reclassified several of the Chellen plaintiffs, but the Chellen plaintiffs were unaware of these evaluations or re-classifications until the lawsuit was filed. Id. at 1284 (FOF ¶¶ 23-24), 1288 (FOF ¶ 40); see Def. Exs. 22G, 26G; Pl.Ex. 66. JPC did not offer the Chellen plaintiffs the same opportunities it offered its non-Indian employees for evaluation, self-assessment, and reclassification for pay increases related to performance. Job Assignments 13. JPC required the Indian employees to perform jobs such as grinding welds, painting, sandblasting, and insulating, as well as janitorial duties, kitchen duties, and yard work unrelated to the skills for which the Chellen plaintiffs were hired. See Chellen I, 344 F.Supp.2d at 1284 (FOF ¶ 21), 1286 (FOF ¶ 32). The Chellen plaintiffs did not view these jobs as desirable or part of their employment responsibilities. Prior to the arrival of the Chellen plaintiffs, these jobs were performed either by the least skilled and lowest ranking non-Indian JPC employees or not at all. Id.; see Phase I Trial Transcript, entered Jan. 20, 2004 (hereinafter referred to as “Ph. I Tr.”) at 389-92, 622-23, 1150-52, 1180-81; Ph. II Tr. at 215-16, 593-94. 14. Five of the Chellen plaintiffs were also required to assist in the replacement of a septic tank. The septic tank was attached to a small house which served as the Chellen plaintiffs’ original quarters. Replacement of the tank was required because of JPC’s failure to anticipate and prepare for the use of the bathroom by more than 30 men. See Ph. II Tr. at 340, 532-33, 542-43, 780-82. In addition, JPC required the Chellen plaintiffs to work on the conversion of a building at the JPC facility into a dormitory. Chellen I, 344 F.Supp.2d at 1284 (FOF ¶21), 1285 (FOF ¶ 29). Similarly-situated JPC non-Indian employees were not required to perform the job assignments considered by the Chellen plaintiffs to be undesirable. See Ph. I Tr. at 622-23, 865, 989-92, 1176-77; Ph. II Tr. at 98-101, 110,184-85, 208, 287-94, 334-36, 532-33, 542-43, 588-90, 611, 629-30, 662, 773-74, 780-82. Restrictions 15. JPC restricted the Chellen plaintiffs’ movement, communications, privacy, worship, and access to health care. No similar restrictions were placed on JPC’s non-Indian employees. Many of the facts applicable to this comparison are also relevant to the Chellen plaintiffs’ tort claims. 16. As set forth in the Court’s prior findings and conclusions, immediately upon the Chellen plaintiffs’ arrival in Tulsa, defendants placed the Chellen plaintiffs’ passports, visas, return-trip airline tickets, and 1-94 Forms in a safe to which the Chellen plaintiffs had no access. Chellen 1; 344 F.Supp.2d at 1282 (FOF ¶ 11). Defendants denied access to the documents even when the Chellen plaintiffs requested it in writing. Pl.Ex. 46; Ph. II Tr. at 330-31, 636, 677-78. JPC ultimately refused to release the passports and visas of the Chellen plaintiffs until the Court ordered the release soon after the lawsuit was filed. See Minutes, Dkt. # 6. 17. JPC restricted the Chellen plaintiffs’ ability to leave JPC in several other ways, as set forth in the Court’s prior findings and conclusions. See Chellen I, 344 F.Supp.2d at 1286 (FOF ¶ 31). JPC employee Sharon Sartain provided transportation to the Chellen plaintiffs at her convenience in a small bus that could transport only 17 persons at a time. Ph. II Tr. at 771-72, 960-61, 965-66, 978. 18. Defendants point out that Sharon Sartin provided transportation to Catholic churches, Hindu temples and Islamic mosques. Ph. II Tr. at 427, 570, 956-58, 963-64. Further, some of the Chellen plaintiffs used the pedestrian gate that led into Sharon Sartin’s yard to walk to a local church. Ph. I Tr. at 346, 956-57. One admitted that he used public bus transportation to look for other work in Tulsa. See Ph. II Tr. at 130-31. Another testified that he used other forms of public transportation for a trip to New York. Ph. II Tr. at 229-30. 19. The Chellen plaintiffs testified that, in some instances, friends or family had to provide significant personal information to “check them out” for short visits off the JPC premises. Id. at 306-07, 466-67, 588. Defendants initially told the Chellen plaintiffs that, if they left JPC premises, they might be harmed by Americans who were angry about the September 11, 2001 terrorist attacks and further, that black residents of the surrounding area were dangerous and could shoot them. Ph. II Tr. at 295, 448, 581, 601, 637-38, 659, 979. Later, defendants told the Chellen plaintiffs that, if the Chellen plaintiffs left the premises without permission, they would be reported to law enforcement authorities and jailed. Ph. I. Tr. at 1102-04; Ph. II Tr. at 102, 187, 189, 202, 301-02, 461-62, 498, 632-33. 20. Eventually, an armed guard was hired to prevent “unauthorized departures” by the Chellen plaintiffs from the facility. See Ph. II Tr. at 203-04, 452, 502, 522-23, 585-86, 777, 785-86. The main gates at the JPC were locked over the Thanksgiving holiday. Ph. I Tr. at 375, 486; Ph. II Tr. at 446-48, 451, 966. Two plaintiffs testified that, on one occasion, their dormitory door was chained shut during the night and the guard was posted outside the door. Id. at 452-55, 491-92, 778-80, 822-23. One Chellen plaintiff testified that, on one occasion when he left the property unaccompanied, he was picked up, admonished, and returned to the facility. Id. at 86-87. Several Chellen plaintiffs who left the facility unauthorized were labeled “runners” on JPC timecards. See PI. Exs. 31 A(l), 31A(2). At least one plaintiff left his personal belongings behind when he departed. Ph. II Tr. at 615. Trial testimony implicated John Pickle as stating, with regard to one of the plaintiffs who left JPC after using without permission and causing damage to a company truck, “Even if he is hiding underground, I’ll pull him up by his hair and bring him to justice. And I am an American, I would be able to do that.” Id. at 109. 21. Defendants also monitored the Chellen plaintiffs’ off-duty computer Internet activity and email communications in an effort to enforce the unauthorized leave policy. Ph. II Tr. at 307-08, 591-92, 771. The Court previously found that defendants recorded some of the Chellen plaintiffs’ telephone conversations without their knowledge. Chellen I, 344 F.Supp.2d at 1286 (FOF ¶ 31); Ph. II Tr. at 308, 592. Further, JPC required the Chellen plaintiffs to sign “Personal Conduct Agreements” by which they agreed that they would not “place any phone calls, e-mails, or have any other communication ...” to plan or aid unauthorized leave from JPC. Chellen I, 344 F.Supp.2d at 1286 (FOF ¶ 32); e.g., Def. Exs. 21K, 30H, 31V, 32V, 39R. 22. Defendants paid four of the Chellen plaintiffs extra money to be “leadmen,” whose primary responsibilities were to watch over the other Chellen plaintiffs and report to JPC managers any “unauthorized” activities outside the facility. See Chellen II, 344 F.Supp.2d at 1286 (FOF ¶ 31); Ph. II Tr. at 149-50, 183-84, 468, 561-63; Def. Exs. 19H, 22H, 31N, 45Q. Prior to Thanksgiving, John Pickle gave one of the leadmen, Marshall Suares, the keys to the locked gates and specifically instructed him not to allow anyone out of the dormitory on Thanksgiving. Ph. II Tr. at 448. Suares followed that instruction. Id. at 451. Some of the plaintiffs nonetheless crawled through a drainage ditch and under the barbed wire perimeter fence of the JPC premises. Ph. I Tr. at 487, 776; see Ph. II Tr. at 966. 23. John Pickle had the “leadmen” read an email authored by Ray Murzello, an Indian who served as JPC’s principal recruiter and Director of Marketing. The email contains the threat of deportation for two Chellen plaintiffs identified by defendants as “troublemakers” or potential “runaways.” Pl.Ex. 40; Ph. II Tr. at 188-92, 237-38, 665-66; see Ph. I Tr. at 1101-02. The Court has already detailed what could be described as an attempt at a “forced deportation” for seven other Chel-len plaintiffs. Chellen I, 344 F.Supp.2d at 1286 (FOF ¶ 33). 24. In Phase II of the trial, defendants presented the testimony of Captain Bill Bass, a member of the Tulsa County Sheriffs Department. He testified that he arrived at JCP when the Chellen plaintiffs were getting on the bus for their departure back to India, and he saw no indication of a disturbance or any attitude of resistance by the plaintiffs Ph. II Tr. at 736-38, 740-41, 751-52. He did follow the bus to the bank, and then to the airport. Id. at 738-43. 25. Plaintiffs considered the presence of the police officers intimidating. Id. at 214-15, 474-75, 802-08. Further, part of the event included unnecessary physical intimidation, invasion of privacy while the “deportees” dressed, showered, and used the bathroom, and a prohibition on communications between the co-workers. Ph. II Tr. at 93-96, 214-15, 308-09, 473-76, 595-96, 798-809. John Pickle personally participated in the attempted deportation. Id. 95, 214, 801-03; see Ph. I Tr. at 396-97. 26. Defendants’ restrictions on movement of the Chellen plaintiffs affected the Chellen plaintiffs’ ability to worship freely. Although all of the men were from India, they had different languages, diets, and faiths. Some were Hindu, others Christian, and a few were Muslim. The first Chellen plaintiffs to arrive at JPC testified that defendants, and John Pickle in particular, would not permit them to attend church services regularly, although eventually they were permitted to go. Ph. II Tr. at 87-89, 303-06, 463-65, 633. When one Catholic member of the second group to arrive asked to go to church, John Pickle questioned him as to whether he actually believed in God before acceding to his request. Id. at 463. When another Chel-len plaintiff asked to go to church, Pickle told him that he should just stay in the dorm and watch the Playboy channel. Id. at 303-04, 633. 27. The Chellen plaintiffs who were Catholic testified that defendants eventually permitted Sharon Sartin to transport them to Mass. E.g., id. at 324. However, they were required to immediately report back to the bus after Mass for return to the JPC facility. This constraint left no time for them to speak with priests or parishioners. Ph. II Tr. at 305-06, 463-64, 633. On one occasion when they were delayed in returning to the JPC facility after Mass, John Pickle became very angry. Id. at 600, 984-85. When the Hindu Chellen plaintiffs realized that their worship opportunities would be similarly limited, they built themselves a small personal shrine in a makeshift cabinet for worshiping in the warehouse. See Ph. II Tr. at 567-68; Def. Ex. 58T. 28. John Pickle also discouraged the Chellen plaintiffs from attending church by telling them that the Christian or “church” people who reached out to them were breaking the law and would be “punished,” or jailed. Ph. II Tr. at 212, 303, 598-99, 633. Defendants initially refused to allow the Chellen plaintiffs to observe Christmas as they wished. See id. at 88-89, 306-07, 464-67. Defendants offered to drive the men to see Christmas lights, but only a few men at a time could fit on the small bus. Id. at 772, 978. Marshall Suares was able to convince defendants to permit plaintiffs to go to church, and to visit with friends or family over the 2001 Christmas holiday after promising to be personally responsible for the men who left and taking personal information from the people whom they would visit. Id. at 306-07, 465-67. Defendants argue that three of the nine plaintiffs who testified made arrangements with JPC employees to attend Thanksgiving dinners and bicycle races off the JPC premises. 29. Some of the men were able to attend a nearby Pentecostal church and met Mark Massey, a man who would assist with their final departure from the JPC premises. Ph. II Tr. at 212, 346-47, 598-99, 606, 667-70, 677-79. On February 5, 2002, plaintiff and leadman Marshall Suares testified that he called Massey, who came to the JPC premises with three or four vehicles and a local television station cameraman. Suares testified that, when the Chellen plaintiffs began entering the vehicles, Joe Reeble raised his hands and shouted: “Stop, stop! You are on private property. You are not supposed to take my men. Leave them here.” Id. at 485-86, 680. Reeble followed the vehicles to Massey’s house and parked his vehicle in front of the house. Id. 30. Finally, defendants restricted the Chellen plaintiffs’ access to health care. The Court previously found that defendants were inattentive to the medical needs of the Chellen plaintiffs and carried no workers’ compensation or health insurance for them. Chellen /, 344 F.Supp.2d at 1286 (FOF ¶ 30). Testimony in Phase II of the proceedings demonstrated that defendants made arrangements for a few of the Chellen plaintiffs to obtain medical or dental care, but denied the requests of others. Ph. II Tr. at 102-03, 502-04, 634-36, 775-76, 784-86. John Pickle and other JPC officials made comments indicating that they viewed the Chellen plaintiffs’ health issues as minor matters or hypochondria. Ph. I Tr. at 353-54, 362-65, 894-95. There was no evidence indicating that defendants limited the access of non-Indian JPC employees to health care. See Ph. II Tr. at 830-34 (discussing health plan and sick leave policy for non-Indian JPC employees). Living Conditions 31. Many of the facts applicable to the comparison in living conditions are more relevant to the Chellen plaintiffs’ tort claims, but consideration of these conditions goes to the amount, if any, of offset for the wages awarded to the Chellen plaintiffs as damages. Defendants did not require the non-Indian JPC employees to live at the JPC facility. Hence, the non-Indian JPC employees were not subjected to the same substandard living conditions as the Chellen plaintiffs. The Court described some of these conditions in its prior findings. Chellen I, 344 F.Supp.2d at 1285-86 (FOF ¶¶ 29-30). 32. Defendants describe the converted warehouse and office space as including a room with living room furniture, a large color television, two computers with Internet access, and places for hanging work uniforms and storing work boots. See generally Def. Exs. 58A-58GG. There was also a second large room, in which some of the plaintiffs slept in bunk beds, which contained tables and equipment to make tea, coffee and other beverages. All of the other rooms in which plaintiffs slept were individual rooms with either doors or partitions. In addition, a modern bathroom facility in the building contained 16 lavatories, 8 showers, and two washers and dryers which were supplied by three 100 gallon sequentially firing hot water heaters. The building also had toilets that had been specifically modified to include a hand-held hose for washing. The dormitory had windows which could be opened, doors which could be opened to provide ingress and egress, and a suitable heating and ventilation system. Id. 33.Contrary to defendants’ description, the Chellen plaintiffs described the dormitory in which they lived as similar to a “refugee camp” or place to house displaced persons after a “disaster.” Ph. II Tr. at 283-84; see generally PLEx. 22 (photo of dorm); Pl.Ex. 50 (videotape). Some of the mattresses on which they slept were obtained by JPC from a salvage store and their beds were assigned by number pursuant to a lottery. Id. at 183, 581-82, 660-61, 870, 874; Def. Ex. 62E-13, at 98, 108. The warehouse dormitory, with its concrete floors and partial walls, was noisy and uncomfortable with no place for personal belongings. Id. at 175, 178. Several Chellen plaintiffs described their inability to obtain proper rest because of the openness of the building and the disturbances resulting from the arrival and departure of day and night shift - crews. See Ph. II Tr. at 175-76, 331-32, 559, 582-83, 610, 660-61; see generally Def. Exs. 58A-58GG. Two of the Chellen plaintiffs testified that they were exposed to radiation from a machine in the manufacturing building located within inches of the exteri- or wall of the dormitory. Ph. II Tr. at 174-75, 559. The cooks were required to live in a small room adjacent to the kitchen because of the approximately 18 hours of work they were required to perform each day. Ph. II Tr. at 64, 67-68. The Chellen plaintiffs complained about their assigned quarters and did not choose to live there voluntarily. 34. The Chellen plaintiffs also complained about the nature, quantity, and quality of the food provided to them by defendants. Again, there is no evidence that JPC furnished its non-Indian employees with food, but these facts are relevant to the offsets, if any, for the wages to which the Chellen plaintiffs are entitled, as well as any punitive damages awarded. While the non-Indian JPC workers were compensated at a rate of pay that would allow them to feed themselves, JPC deducted from the Chellen plaintiffs’ paychecks fifty dollars per month for food. Chellen I, 344 F.Supp.2d at 1286 (FOF ¶ 30). 35. John Pickle essentially admitted to rationing food for the Chellen plaintiffs. Ph. I Tr. at 317-19. One plaintiff testified that John Pickle would sometimes sit down next to the Chellen plaintiffs while they were eating and say “Do you eat this much food in India?” Ph. II Tr. at 284, 628. The Chellen plaintiffs rejected a statement by Ray Murzello, who stated that the food at JPC’s facility was better than what they had in India, where they were starving, at least according to Murzello. Ph. II Tr. at 60-61. A representative of the company that provided food ordered by JPC for the Chellen plaintiffs testified to the quantity of food ordered by JPC. That quantity was based on a representation by John Pickle that he needed to feed 25-30 men, and that allocation did not change over time. Id. at 718, 720-21. 36. The Chellen plaintiffs complained particularly of the lack of milk, which was a dietary concern for a number of the Hindu workers who were vegetarian. Ph. II Tr. at 115-16, 173-74, 559-61. On one occasion, John Holcomb, JPC’s Manufacturing Support Manager, served the milk himself to ensure that each Chellen plaintiff received only one small glass during mealtime. Id. at 55. On another occasion, John Pickle responded to a request for milk by dipping a piece of bread in a cup of water and said, “If I can eat this, you can also eat it.” Id. at 560. Despite his knowledge of the dietary concerns of certain Chellen plaintiffs, he continued to restrict the quantity of milk provided. Ph. I. Tr. at 482-83. 37. One of the two cooks among the Chellen plaintiffs testified that he was provided with inadequate cooking utensils and facilities. Ph. II Tr. at 48, 53, 83. He testified that he was even made to serve rotten apples, although a visit by health inspectors subsequently led to a disposal of large quantities of food and utensils. Id. at 57-59. He tried to fashion the American food provided to him into food that would be more palatable to the men who were accustomed to the cultural and religious diets of India, as the Muslim workers could not eat pork, the Hindu workers could not eat beef, and the vegetarians could not eat meat or eggs. Id. at 115-16. Hostile Work Environment 38. The conduct of JPC employees and John Pickle subjected the Chellen plaintiffs to harassment in the nature of a hostile work environment characterized by abusive language, demeaning job assignments, and threats and intimidation based on their national origin. Chellen plaintiff Jagdish Prajapati testified that he was at the private property of John Pickle when John Pickle’s grandson was also present, and John Pickle stated to his grandson, “These are my Indian animals I brought from India to work.” Ph. II Tr. at 519. Prajapati also stated that his first supervisor used obscene language in reference to the Indians, and, although Prajapati complained to John Pickle, nothing was done to stop the conduct. Id. at 520-21. Chel-len plaintiff U.C. Patel testified that John Pickle once stated, “bloody Indians work here and live here.” Id. at 558. 39. Two of the Chellen plaintiffs testified that John Pickle called them his “Indian dogs.” Ph. II Tr. at 601-02, 686-87. The cook, Toofan Mondal, told of an occasion when John Pickle came into the kitchen with Ray Murzello’s son, who was Indian. John Pickle called the boy over, referring to him as an “Indian dog,” and called to the boy like a puppy. Id. at 105. George Panackalpuracal recalled a meeting at which John Pickle called the Chel-len plaintiffs “dirty” and accused them of unsanitary practices. Id. at 638-39. 40. Chellen plaintiff Bharathakumaran Nair testified that, when he complained about doing janitorial work, John Holcomb followed him to his room, repeatedly called him “lazy,” and threatened to send him back to India. Ph. I Tr. at 705-08. Nair stated that Holcomb specifically said, “[Tjhis is why Americans say that Indians are lazy people.” Id. at 708. According to Nair, Holcomb raised his arm as if to strike Nair. Id. at 708-09. Another Chel-len plaintiff testified that he witnessed Holcomb yelling at Nair, suspending him from work for the day, sending him to his room, and calling him a “lazy Indian.” Ph. II Tr. at 293. On another occasion, Holcomb raised a chair over his head, threatened to hit one of the Chellen plaintiffs with it, and beat it against the floor as he verbally berated plaintiff Himanshu Patel. Ph. II. Tr. at 500-01, 563-64. 41. In one incident, John Holcomb called a few of the Chellen plaintiffs into the office of JPC’s vice president and chief operating officer, Joe Reeble, to discuss some of the Chellen plaintiffs’ complaints. Ph. II Tr. at 195-97, 459-61. In the meeting, Reeble called Gulam Peshimam, the owner of AL Samit. When Reeble described the problems to Peshimam, Peshi-mam proposed that JPC managers beat the Chellen plaintiffs and “break their damn legs.” Ph. I Tr. at 126. Reeble testified that it was just a joke and he laughed. Id. Two of the Chellen plaintiffs testified at the second phase of the proceedings that, when Reeble laughed, he also said “not a bad idea.” Ph. II Tr. at 197, 461. 42. The threat of deportation was especially significant in defendants’ creation of a hostile working environment. The Chel-len plaintiffs feared Gulam Peshimam and the harm he could inflict on themselves or their families if they were made to return to India. E.g., Ph. II Tr. at 138, 190-97, 462, 816. As set forth in the Court’s prior findings, many of these plaintiffs left good jobs or their own successful businesses, and some obtained loans from family and friends to pay large “fees” required by AL Samit. Chellen I, 344 F.Supp.2d at 1281 (FOF ¶ 4.) They had debts to repay, and they believed that a vindictive Gulam Peshimam would seek retribution and make it impossible for them to return to their former jobs and businesses or obtain other work to repay their debts. 43. Chellen plaintiff Jeron Peter testified that he was called to the office of John Holcomb, and Ray Murzello was also present. After Holcomb reviewed a list of Peter’s faults, Peter asked Murzello why he was being treated in that manner. Murzello responded: ‘You are an Indian. That is why they treat you this way, and that is all you expect here because they don’t like Indians.” Ph. II Tr. at 333. Peter testified that Holcomb often called him into the office and stated: “I don’t like Indian guys. I’m going to send you back to India.” Id. at 334. On one occasion, Peter and an American fitter were in Holcomb’s office with Chellen plaintiff Babu-rajan Pillai. Holcomb shouted at Peter and called him lazy. Id. at 338. The American fitter said to Holcomb, “[H]e’s an Indian. He’s no good. And, you know, we’ll send him back.” Id. at 339. Peter also testified that Holcomb and Dale Chasteen, JPC’s Director of Manufacturing, called him a “fucking Indian.” Id. 44. At a meeting called after one of the Chellen plaintiffs had damaged a company truck, JPC managers and John Pickle verbally abused the Chellen plaintiffs by calling them “Indian bastards,” “fucking bastards,” “fucking Indians,” and “sons of bitches.” Ph. II Tr. at 106-09, 198-200, 455-57, 497-98. Dale Chasteen, JPC’s Director of Manufacturing, went into a tirade, cursing at the Chellen plaintiffs, implying that they had no jobs in India and were starving there when John Pickle hired them, and stating that “Americans, we know what to do, how to deal with guys like you.” Ray Murzello’s wife, who was interpreting for the Indians at the meeting, began to cry. Id. at 456-57. Expert witness Florence Burke confirmed that, in private interviews, many of the Chellen plaintiffs told her of the names they were called at the JPC facility, such as “52 Indian donkeys,” “dirty Indian,” “Indian bastard.” Id. at 406-07. 45.At a meeting in January 2002, JPC managers told the Chellen plaintiffs that, by American laws or rules, they were required to perform any tasks they were asked to do, including any and all cleaning or undesirable tasks. Ph. II Tr. at 110, 184-86, 291-93, 588-90, 670-71. JPC managers then asked the Chellen plaintiffs who refused to agree to this demand to move to another side of the room, and all but three or four moved. Id. John Holcomb reacted later by spitting on the floor when the Chellen plaintiffs attempted to greet him. Id. at 294, 591. Holcomb also threatened one of the leadmen with demotion as a result of the leadman’s failure to agree to the tasks. Id. at 186. Damages Compensatory 46. The parties have stipulated to various elements relevant to an award of compensatory damages under Title VII and § 1981. See Ph. II Pre-Trial Order, Dkt. # 178. These include: the number of days worked by each Chellen plaintiff for JPC per month, as reflected in Def. Ex. 62C; the number of regular and overtime hours worked for JPC by each Chellen plaintiff (with the exception of the cooks), Def. Ex. 76; the amount of money paid by the Chellen plaintiffs to AL Samit during the recruitment process, Def. Ex. 77; and the average hourly rate of pay for the non-Indian JPC employees in 2001 and 2002, as calculated by job position and classification within each position, Pl.Ex. 62B. The pai-ties disagree, however, on the classifications and, thus, the pay rate, merited by each of the Chellen plaintiffs. 47. Defendants have submitted wage classifications and calculations based upon evaluations by JPC managers of the Chel-len plaintiffs near the end of the Chellen plaintiffs’ time at JPC. The evaluations resulted in a scores from 1-5. For purposes of trial, JPC’s counsel arbitrarily assigned each evaluated plaintiff a classification based upon his score. Those employees scoring 3.5 or below were assigned a “C” classification; those scoring 3.5 to 4.5 were assigned a “B” classification; and those scoring 4.5 or higher were assigned an “A” classification. Id. at C-2. Defendants assert that the cooks and six other plaintiffs were not evaluated, and one additional plaintiff was not given a classification. See Def. Prop. Findings and Conclusions, Dkt. # 199, Ex. C-2. JPC arbitrarily assigned one plaintiff a “C” classification, one an “A” classification, and five were assigned a “B” classification. JPC assigned no classification for the two cooks (JPC # # 129, 130), and did not include them on the accompanying wage classification calculations. Id., Ex. C-3. 48. The Court finds the basis for defendants’ classifications unsound. As set forth in the Court’s prior findings, the evaluation forms were created in a belated effort to give the appearance of a legitimate training program, although they did confirm that the Chellen plaintiffs performed at a level required of JPC’s regular employees. Chellen I, 344 F.Supp.2d at 1284-85 (FOF ¶¶ 23-24), 1288 (FOF ¶40). Further examination of the evaluation forms indicates that the plaintiffs were evaluated by six or seven JPC managers or supervisors. Pl.Ex. 66; Def. Exs. 1G-48G. Some evaluators consistently gave high scores while others consistently gave low scores. Classifications are actually indicated on many of the evaluation forms, and the classifications generally do not correspond to the scores. For example, welder Poulose Maleril Varkey (JPC # 116) was designated “B Class” although his score was only 1.8. Def. Ex. 16G. U.C. Patel (JPC # 119) earned a 3.4 score but received a “C” classification. Def. Ex. 19G. Bala Raju Salupa (JPC # 122) received an “A” classification even though he had a 2.8 score. Def. Ex. 22G. 49. The EEOC urges the Court to assign each of the Chellen plaintiffs a classification of “A” given the Court’s prior findings as to the qualifications, skills, and experience of the group as a whole, Chel-len I, 344 F.Supp.2d at 1281 (FOF ¶ 5), 1288 (FOF ¶¶ 43, 44), as well as the quality of their work while they were at JPC, id. at 1284 (FOF ¶ 20), 1285 (FOF ¶¶24, 28), 1288-89 (FOF ¶¶45, 47), and the pay earned by many of the representative witnesses in similar employment after they left JPC, id. at 1287 (FOF ¶¶ 36, 37), 1289 (FOF ¶ 46); Ph. II Tr. at 30-31, 156-57, 274-75, 329-30, 432-33, 495, 512-13, 557-58, 579-80, 610, 627, 654; Ph. I. Tr. at 710-14. The Court previously acknowledged the inconsistency between JPC’s classification of the Chellen plaintiffs and JPC’s classification of non-Indian JPC employees. See Chellen I, 344 F.Supp.2d at 1283-84 (FOF ¶¶ 15, 18-19). Given the lack of reliable evidence as to each individual plaintiff, and the overwhelming evidence regarding the group as a whole, the Court finds that a classification of “A” is appropriate. 50. The EEOC also urges the Court to find that four of the five men who were designated as “leadmen” by JPC managers deserve to be paid the same as the non-Indian JPC leadmen. Four of the five plaintiff leadmen signed a “Personal Agreement” on December 19, 2001 which references the same job descriptions as agreements with JPC leadmen who were not from India. E.g., Ex. 19H; 22H; 31N; 45Q; Ph. I Tr. at 105-10. These agreements show that the plaintiff leadmen were to receive additional $100 per month, separate quarters, different uniforms, and free food in the JPC cafeteria. Holcomb referred to the leadman who did not sign a personal agreement as a “dormitory lead-man.” Ph. I Tr. at 1128-29. 51. The evidence is not persuasive that any of these leadmen actually performed the same duties as the non-Indian JPC leadmen. Instead, it indicates that the defendants recruited these five Chellen plaintiffs to assist JPC managers in controlling and containing the other Chellen plaintiffs and reporting their activities. See Chellen I, 344 F.Supp.2d at 1286 (FOF ¶ 31); Ph. I Tr. at 105-10. One leadman specifically testified that he knew the duties of a lead man, but he did not do that work. Ph. II Tr. at 149-50. Instead, he was responsible for organizing the dormitory, taking complaints, explaining the work, and reporting any plans by other Chellen plaintiffs to leave JPC. Id. at 150. Accordingly, the Court finds that the five Chellen plaintiff “leadmen” were not entitled to “leadman” pay commensurate with that received by non-Indian JPC leadmen. 52. The plaintiffs hired by JPC to cook for the other Chellen plaintiffs were not “classified” in the same manner as the other JPC employees and there were no cooks at JPC with whom they could be compared for purposes of determining an appropriate hourly wage. As set forth above, one of these two cooks settled a wage claim with the DOL. The EEOC proposes for the other cook, Toofan Mondal, that he be paid at the rate of pay that approximates (1) what he earned at his first job after JPC ($2,200 per month) in salary exclusive of room and board, and (2) at a rate that is reasonably situated among JPC pay levels, see PLEx. 62B. Assuming forty hours worked per week at his postJPC job, Mondáis wage would be approximately $12.79 per hour. The EEOC submits, for ease of calculation, that Mondáis pay rate at JPC should have been $12 per regular hour and $18 per overtime hour. The Court finds this proposal helpful and fair. 53. Finally, defendants assert that all non-FLSA claims of three Chellen plaintiffs, Joshy Mathappan Aleparambu (JPC # 138), Poulouse Maleril-Varkey (JPC # 116), and Jose Varghese Mannalil (JPC # 113) should be dismissed because these plaintiffs did not submit affidavits or otherwise appear at trial. Pursuant to the parties’ Joint Case Management Plan, the Court ordered plaintiffs to submit, by December 17, 2004, affidavits on the part of all plaintiffs who wished to remain in the ease. Defendants requested the affidavits in exchange for their agreement to allow plaintiffs to proceed by representative testimony. 54. The affidavits were not filed with the Court, and the Court has no evidence that they were otherwise produced or submitted to defendants. However, no mention was made of dismissal as a sanction for failure to file, produce, or submit the affidavits, either in that order, in subsequent orders, or in the Phase II proceedings. The Court finds that these three individuals should not be dismissed merely because their counsel may have failed to obtain their affidavits, as defendants did not draw this fact to the Court’s attention before or during the Phase II proceedings and have not shown any prejudice from the lack of those three affidavits. 55. As discussed below, compensatory damages for discrimination may include damages for mental anguish or emotional distress. While many of the Chellen plaintiffs testified as to their psychological and emotional state during their time at the JPC facility, the EEOC also presented compelling testimony through its expert witness Florence Burke. Burke opined that the Chellen plaintiffs were essentially “trauma” victims, much like those in worker exploitation cases with which she is familiar. She testified specifically regarding depression, extreme anxiety, and fear experienced by the Chellen plaintiffs. Ph. II Tr. at 382-84. She maintained that language limitations and unfamiliarity with the civil law and individual rights had the effect of increasing their confusion, hampering understanding of their expectations, and creating stress because of their uncertainty about criminal law and immigration issues. Id. at 384, 394. She also discussed the erosion or undermining of the Chellen plaintiffs’ support system of family, culture, and religious faith, especially since they felt they could not communicate freely about their experience with their families in India. Id. at 389-93. 56. Burke acknowledged that defendants treated the Chellen plaintiffs in a positive manner on occasions, but she explained that defendants’ practice of coupling this positive treatment with negative treatment kept the Chellen plaintiffs “off-balance” with regard to their expectations and hope, thus increasing their stress. Id. at 397-98. Burke testified as to the Chel-len plaintiffs’ lack of privacy and ability to communicate as well as their personal discomfort, humiliation, increased isolation, and an atmosphere of distrust caused by their constant awareness of surveillance by JPC and the leadmen recruited from their own group. Id. at 398-400. The leadmen, in particular, experienced additional feelings of isolation and guilt due to their role. Id. at 401-02; see id. at 204-08, 473-76, 485. 57. The EEOC urges the Court to consider the emotional harm caused by the Chellen plaintiffs’ health concerns as a result of JPC’s alleged food rationing and denial of access to medical attention. The EEOC also urges the Court to consider the emotional harm experienced by the Chellen plaintiffs who were made to perform the dirtiest and lowest-level jobs not being performed by the comparably qualified non-Indian co-workers at JPC. The Court finds that compensatory damages should be awarded to the Chellen plaintiffs for emotional harm suffered as a result of defendants’ actions. Accordingly, the Court awards compensatory damages for emotional distress in the amount of $1,000 per Chellen plaintiff, against both defendants, jointly and severally, for a total of $52,000 on this claim. 58. Given the Court’s findings of fact as to the parties’ wage stipulations, the Court concludes that all of the Chellen plaintiffs other than Mohammed “Hassan” Usman, who settled his wage claim through the DOL, are entitled to compensatory damages in an amount equal to the difference between the actual wages paid to the Indian employees, as set forth in Def. Ex. 101, and the average hourly wage earned by similarly-situated non-Indian JPC employees according to the job positions and “A” classifications as set forth in PLEx. 62B, less offsets itemized in Jt. Ex. 2 for expenses related to food, medical needs, and telephone services. The Court concludes that the defendants are not entitled to offsets for expenses related to housing, uniforms, tools, and travel. While the amounts for each individual will vary, the total amount awarded for compensatory damages on the EEOC’s claims for violations of Title VII and § 1981 is $607,006.85. The amount is the difference between $633,258.52, the amount shown in the “Total Pay Earned” column of the “Class A” calculations set forth in Attachment A of the EEOC’s Proposed Findings and Conclusions (Dkt.# 201), less $26,251.67, the amount shown in the “Total Offsets” column of the calculations set forth in Attachment B of the EEOC’s Proposed Findings and Conclusions (id.). Punitive 59. Defendants’ actions in obtaining inappropriate visas and setting up a scheme to pay the Chellen plaintiffs through AL Samit demonstrates that they knew that they were acting in violation of federal law. The hostile work environment they created for the Chellen plaintiffs, and the disparate treatment afforded them, was intentional and discriminatory. Punitive damages may not deter these defendants from malicious and willful conduct based on the race or national origin of future employees, but it may serve to deter other employers from attempting the same. The Court finds that an award of punitive damages against both JPC and John Pickle for their violations of the Chel-len plaintiffs’ civil rights is appropriate. Accordingly, the Court awards punitive damages in the amount of $1,000 per Chel-len plaintiff, against both defendants, jointly and severally, for a total amount of $52,000 on this claim. State Law Tort Claims Deceit Liability 60.As set forth in the Court’s prior findings, defendants hired the Chellen plaintiffs after a prior experience of bringing a group of 20 Indian men to Tulsa in preparation for work in Kuwait for joint venture between JPC and a Kuwaiti company. See Chellen I, 344 F.Supp.2d at 1280 (FOF ¶¶ 1-2). Defendants contend that they recruited the Chellen plaintiffs for the same purpose, but that purpose was not communicated to the Chellen plaintiffs when they were hired. Id. at 1280 (FOF ¶ 3). The original group of 20 workers stayed at JPC four months, and were sent to work in Kuwait at the end of that period. Ph. I Tr. at 66-67, 73-79, 81-86; see PI. Exs. 9-12; Def. Exs. 69-75, 77, 78. Joe Reeble testified that he, Ray Mur-zello, and John Pickle put together the plan to bring the Chellen plaintiffs to work at JPC in Tulsa as part of the same alleged training program. Ph. I Tr. at 63. 61. Also as set forth in the Court’s prior findings, John Pickle personally met with the Chellen plaintiffs, individually, in India. Chellen I, 344 F.Supp.2d at 1281 (FOF ¶ 7); Ph. I Tr. at 406. He knew that they looked to him as a father figure and believed that they would be working for him and not AL Samit. Id. at 414. While translators were present at both the individual and group meetings in India, many, if not all, of the plaintiffs could understand English and understood the promises being made by John Pickle individually. Ph. I Tr. at 691-92; Ph. II Tr. at 434-35; 516. Similar representations were made by AL Samit representatives, as agents of John Pickle and JPC. E.g., Ph. I Tr. at 442-43; Ph. II Tr. at 34-37. 62. The Court’s prior findings summarize the sacrifices the Chellen plaintiffs made in reliance on defendants’ misrepresentations. They traveled long distances and paid substantial service charges to agents of AL Samit to obtain JPC employment, and they left their jobs, their businesses, and their families to come to the United States. Chellen I, 344 F.Supp.2d at 1281 (FOF ¶ 4.) Testimony at Phase II of the trial provided further detail for these findings. See Ph. II Tr. at 38, 270, 329, 437-38, 494-95, 510, 577-78, 609. 63. The Court has previously described the circumstances of the Chellen plaintiffs’ departure from India, and the representations that were made to them by defendants and defendants’ agents with regard to the Undertakings and Offer Letters the Chellen plaintiffs were required to sign at that time. Chellen I, 344 F.Supp.2d at 1281-82 (FOF ¶¶ 8-10). When the Chel-len plaintiffs inquired as to inconsistencies between what they were promised and certain terms in those documents, defendants told them that the differences were a result of the September 11, 2001 attack on the World Trade Center and defendants assured them that signing of the documents was a mere formality. Id.; see Ph. I Tr. at 698. The Undertaking, in particular, required the Chellen plaintiffs to “confirm” that they had “neither paid any service charges nor ticket money to Ws. A1 Samit International for going to John Pickle Co., INC USA....” Def. Exs. 1F-53F. Defendants claim that they told AL Samit not to collect any fees and that they never knew about the Chellen plaintiffs’ payments to AL Samit. 64. At the Phase II trial, a Chellen plaintiff testified that John Pickle personally deflected their concerns by telling them that “everything would be taken care of’ and “fixed” upon their arrival in America. Ph. II Tr. at 44-45. One of the things that should have been “fixed” were the visas obtained by defendants for the Chellen plaintiffs. As previously described, defendants obtained B1/B2 “business visitor” visas instead of H3 “trainee” visas or H2B “temporary non-immigrant worker” visas. Chellen I, 344 F.Supp.2d at 1282 (FOF ¶ 10), 1290 (FOF ¶¶ 51, 52, 57). 65. During the individual and group meetings in India, defendants and/or their agents represented to the Chellen plaintiffs that they would receive good wages and overtime pay, free food, free living accommodations, free insurance, free medical services, an American driver’s license for those plaintiffs who had Indian licenses, a cell phone, and a job for at least two years. Ph. I. Tr. at 454, 689; Ph. II Tr. at 160-61, 435-36; see Chellen I, 344 F.Supp.2d at 1280-81 (FOF ¶¶4, 7). In Phase I of the trial, one Chellen plaintiff testified he was told he would be paid from $650 per month plus overtime, with pay increases after six months, to $1,200 per month after 18 months. Ph. I. Tr. at 442-43. Other testimony indicated that they were promised $800 per month. Id. at 689. The Court finds that defendants made the misrepresentations as to pay, food, insurance, and duration of the job as positive assertions that they knew were false, or that they made recklessly without knowledge of the truth. Defendants had prior experience with recruiting workers from India, and they used that experience to attempt to expand their labor force in a manner that violated U.S. law and took unfair advantage of the workers they recruited. 66.In Phase II of the trial, several plaintiffs testified that they relied on representations made by AL Samit and/or John Pickle on behalf of JPC, and such reliance caused them to pay monies to AL Samit or its subagents before the Chellen plaintiffs executed the written “Undertakings” and “Offer Letters.” Ph. II Tr. at 38-40, 167-68, 251-52, 281, 437, 516-17, 558, 605, 620-21, 691, 767-68, 821-22. Some testified that they were offered the same amount of money, or less, as they agreed to accept in the Undertakings and Offer Letters, or what they were actually paid by JPC. Id. at 545, 603-05, 620-22, 640-41. Others testified that they were to receive more in wages than set forth in the Undertakings and Offer Letters. Id. at 41, 133-34, 168-69, 691, 766. The Court finds that defendants acted with the intention that their false material misrepresentations be acted upon. They intended that the Chellen plaintiffs would act upon their misrepresentations by agreeing to work for defendants in Tulsa, and by traveling to Tulsa to perform that work. The Chel-len plaintiffs relied on the misrepresentation to their own detriment. As set forth above, they traveled long distances and paid substantial service charges to agents of AL Samit to obtain JPC employment, and they left their jobs, their businesses, and their families to come to the United States. They suffered detriment in the form of wages lower than expected, poor living conditions and food, and unwarranted restrictions on their movement, communications, worship opportunities, privacy, and access to health care. They also endured a discrimination due to their national origin through disparate treatment and a hostile work environment. Plaintiffs have established fraud by clear, satisfactory, and convincing evidence. 67.The Proposal on Manpower Training Between AL Samit International and John Pickle Company Inc., dated September 30, 2001 (Pl.Ex.25), indicates that JPC would pay the Chellen plaintiffs as follows: ■ Welders — USD 550 per month (based on 40 hours per week + 1.5 times overtime) ■ Fitters — USD 500 per month (based on 40 hours per week + 1.5 times overtime) ■ Electrical Maintenance Technician— USD 500 per month (based on 40 hours per week + 1.5 times overtime) ■ Roll Operators — USD 500 per month (based on 40 hours per week + 1.5 times overtime) ■ Cooks — USD 400 per month (based on 40 hours per week + 1.5 times overtime) PLEx. 25, at 3 ¶ 22. JPC also agreed that the work hours for the Chellen plaintiffs would be an average of 53 hours per week, which included 13 hours overtime. Id. at 2 ¶ 6. The Proposal also indicates that JPC would provide to the Chellen plaintiffs health insurance, accommodations, three meals a day, transportation from “residence to the works” and for shopping once a week, and leave to include eight public holidays plus annual leave after a year, among other things. Id. at 1, 2, ¶¶ 2, 3, 4, 5, 7. 68. The Offer Letters to each Chellen Plaintiff reflect the hours set forth in the Proposal. See Def. Exs. 1 E-51 E. The Offer Letters represent that the welders were to be paid for a minimum of 13 hours overtime, and a total minimum wage per month of $794. All of the other Chellen plaintiffs except the cook were to be paid a minimum of 13 hours overtime, and a total minimum wage per month of $722. The cook was promised $100 of fixed overtime per month and $500 in regular wages per month. Def. Ex. 30E. 69. Contrary to the representations made to the Chellen plaintiffs in the Offer Letters, defendants paid them between $2.89 and $3.17 per hour, Chellen I, 344 F.Supp.2d at 1282 (FOF ¶ 11), which would have meant a monthly paycheck for regular hours in an amount between $462.40 and $507.20. The Chellen plaintiffs were also charged a monthly fee of $50, which was deducted directly from their paychecks. As discussed above, the living conditions were far from what the Chellen plaintiffs were promised. The cooks, in particular, were not provided adequate facilities, cookware, and utensils necessary to cook for 30 men, much less 52. See Ph. II Tr. at 47-48, 53. The Chellen plaintiffs’ access to medical care was sometimes restricted, and defendants never provided them with insurance, a driver’s license, a cell phone, or a job beyond the few months they were employed at JPC. Damages 70. After the Chellen plaintiffs left JPC on February 5, 2002, the Chellen plaintiffs were prohibited from gainful employment by immigration laws and the terms of the visas procured for them by the defendants. Until they began receiving authorization to work in November 2002, most of them relied on charitable organizations and American citizens for their survival. See Ph. II Tr. at 112, 340-41, 499-500. As stipulated by the parties, the Chellen plaintiffs were authorized to work after their departure from JPC on the dates indicated by Certification Letters issued by the Department of Health and Human Services, Office of Refugee Resettlement. Pl.Ex. 81. Although the plaintiffs were promised wages for two years after their arrival at the JPC facility in Tulsa, the Chellen plaintiffs have stipulated that they do not seek pay for wages lost as a result of the deceit beyond the certification dates cited in the Certification Letters. Ph. II Pretrial Order, Dkt. # 178, at III(F). For some of