DOL, Other than BALCA

2008 - 2002

ARB Finds ALJ Abused Discretion for Dismissal Based on RSOL Failure to Attend Hearing(84 KB - 11/6/2009)
ARB found ALJ abused his discretion in dismissing claim based on RSOL’s failure to attend hearing. ARB distinguished cases where a party is held responsible for counsel deficiencies because here the RSOL was the prosecuting party. Administrator, Wage and Hour Div., Employment Standards Adm., USDOL v. Siliconlinks, Inc. (ARB No. 09-131, 10/28/09). AILA Doc. No. 09110672.
ARB Affirms that Wage and Hour Determination is Prerequisite for ALJ Hearing(104 KB - 11/6/2009)
ARB affirmed finding that an investigation and determination by the Wage and Hour Division is a prerequisite for an ALJ hearing. The ARB upheld the finding that the authority to decide to investigate is discretionary and complainant could not appeal a decision not investigate H1-B allegations. Jain v. Empower IT, Inc. (ARB No. 08-077, 10/30/09). AILA Doc. No. 09110665.
ARB Finds ALJ Properly Issued Default Judgment Against Respondents and Awarded Back Pay Plus Filing Fees(144 KB - 10/5/2009)
This 08/31/09, Administrative Review Board case affirms the Administrative Law Judge’s decision issuing a default judgment against Respondent which included $30,869 of back pay plus filing fees. Matter of Marco Sifuentes (ARB, 8/06/09). AILA Doc. No. 09100564.
ALJ Finds “Benched” H-1B Employee Entitled to Unpaid Wages(224 KB - 5/14/2009)
ALJ found that the employee did not need a SSN to begin work, only evidence of having applied for one, thus was in employment-related nonproductive status requiring payment. And that only pay reported to IRS met requirements as evidence of payment of prevailing wage. Administrator, Wage & Hour Div. v. Itek Consulting, Inc. 2008-LCA-00046 (5/6/09). AILA Doc. No. 09051463.
ARB Finds Failure to Comply with H-1B Wage Requirements was Knowing and Willful(105 KB - 5/8/2009)
DOL Administrative Review Board (ARB) reverses the Administrative Law Judge’s finding that the Administrator failed to meet the burden of establishing that the employer’s conduct was willful so as to warrant civil money penalties. Employer failed to pay employee for non-productive time. Administrator v. Pegasus Consulting Group, Inc. (ARB, 4/28/09). AILA Doc. No. 09050860.
DOL ALJ Finds H-1B Employer Liable for Back Wages and Retaliatory Discharge(276 KB - 3/3/2009)
DOL ALJ finds the H-1B employer retaliated against the bene by terminating him after he complained to the DOL. Also finds that the bene is entitled to recover his annual salary and benefits for forbidden benching that violated 20 C.F.R.§ 655.731(c)(7)(i) and the LCA attestation. Huang v. Ultimo Software Solutions, Inc., 2008-LCA-00011 (12/17/08). AILA Doc. No. 09030360.
DOL ETA Overturns Michigan SWA's Use of Watson Wyatt for PWD(277 KB - 2/18/2009)
DOL ETA overturns Michigan SWA’s use of the Watson Wyatt private survey, which it used in the first instance without the employer’s request, instead of using OES as required by regulation. ETA remands, mandating use of the OES. Courtesy of Brent Renison. AILA Doc. No. 09021838.
NLRB Decision Details VSC Contractor Operations(150 KB - 2/9/2009)
A decision of the National Labor Relations Board relating to a union election provides some insight into mailroom contractor operations at the USCIS Vermont Service Center. Courtesy of Barbara Bower. AILA Doc. No. 09020960.
ARB Finds Employer Who Failed to Report Termination of H-1B Employee Liable for Back Wages(121 KB - 1/15/2009)
Board found that the employer failed to report termination of the H-1B employee as required and is liable for back wages. It noted that periods of unproductiveness were not due to unwillingness or unavailability of the employee to work, thus are compensable. Administrator, Wage & Hour Div. v. Help Foundation of Omaha, Inc. et al. (ARB, 12/31/08). AILA Doc. No. 09011570.

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DOL, Other than BALCA