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2013 - 2011

  • ALJ Reduces Civil Money Penalties in H-2B Wage and Hour Case(280 KB - 6/24/2013)
    The ALJ reduced the civil money penalties assessed from $46,000 to $32,000 for 5 separate violations involving willful misrepresentation of a material fact or substantial failure to meet a condition of the H-2B temporary labor certification. (Wage & Hour Div. v. 5 Star Forestry, 3/19/13)
    AILA Doc. No. 13062466.
  • ALJ Reduces Back Pay Awarded to H-1B Piano Teacher(308 KB - 1/24/2013)
    The ALJ reduced the back pay award from $16,800 to $2,980, finding that WHD failed to prove the H-1B worker was ready, willing, and able to work because he relied on the H-1B worker’s testimony which was not credible. (Wage & Hour Div. v. North Shore School for the Arts, 1/18/13)
    AILA Doc. No. 13012450.
  • ALJ Awards Back Pay, Interest, and Travel Costs to Two H-1B Nonimmigrants(450 KB - 8/8/2012)
    The ALJ awarded over $87,000 in back pay and interest to two H-1B nonimmigrants, and also awarded $1,033 to one H-1B nonimmigrant for travel costs to her last place of foreign residence. (Wage & Hour Div. v. Abacuss Software, 7/24/12)
    AILA Doc. No. 12080856.
  • ALJ Debars H-1B Employer-Consulting Company for Two Years(527 KB - 8/8/2012)
    Finding numerous H-1B violations, including willful failure to pay required wages, the ALJ assessed civil money penalties and debarred the employer for two years, but ordered the back wage assessment to be recalculated. (Wage & Hour Div. v. Sirsai, Inc., 7/27/12)
    AILA Doc. No. 12080855.
  • ALJ Finds Numerous H-1B Violations, Orders Payment of Back Wages and Penalties(322 KB - 5/21/2012)
    The ALJ ordered the employer to pay over $250,000 in back wages to former H-1B employees and $67,000 in penalties for failure to pay the prevailing wage and failure to post LCAs at end client work sites, among other violations. (Wage & Hour Div. v. Xcel Solutions, 5/16/12)
    AILA Doc. No. 12052141.
  • ARB Finds Time to Obtain Social Security Card Was Nonproductive Status(131 KB - 1/10/2012)
    The ARB found that the time for which the H-1B employee was unavailable while she obtained a Social Security card, where she was required to obtain a card before starting work, was nonproductive status entitling her to back pay. (Wage & Hour Div. v. Univ. of Miami, 12/20/11)
    AILA Doc. No. 12011060.
  • ARB Remands, Finds ALJ Erred in Declining to Hear Complainant’s Wage Claim(531 KB - 12/21/2011)
    DOL ARB found that 20 CFR §655.820 permits ALJ review of Complainant’s claim and the employer is liable for all LCA wages unless there was a bona fide termination of employment under 20 CFR §655.731(c)(7)(ii) or otherwise. (Puri v. Univ. of Alabama, 11/30/11)
    AILA Doc. No. 11122109.
  • ARB Affirms ALJ’s Order of Back Wages and Penalties for LCA Violations(514 KB - 12/21/2011)
    DOL ARB affirmed the ALJ’s order that a computer consulting company, pay back wages to 10 H-1B employees for a total amount of $185,247.81 and penalties for willful violations in the amount of $72,000. (Wage & Hour Div. v. The Lambents Group, 11/30/11)
    AILA Doc. No. 11122107.
  • ALJ Orders Payment of Back Wages, but Finds Liquidated Damages Clause Valid(704 KB - 10/31/2011)
    The ALJ found employer liable for back wages, including illegal deductions for H-1B and attorney’s fees, but found no violation for seeking damages from employees for early termination of employment. (Wage & Hour Div. v. Greater Missouri Medical Pro-Care Providers, Inc., 10/18/2011)
    AILA Doc. No. 11103176.
  • ALJ Rules on Complaints Brought by Dismissed H-1B Teachers in PG County(122 KB - 10/7/2011)
    The ALJ dismissed five of the six cases brought by individual H-1B holders where only the issue of debarment was raised, but allowed the sixth case, which raised a discrimination claim, to proceed. (Popoola v. Prince George's Co. Bd. of Education, 10/5/11)
    AILA Doc. No. 11100767.
  • ALJ Approves Settlement in Prince George’s County H-1B Dispute(160 KB - 10/7/2011)
    The ALJ approved a settlement agreement whereby a school system agreed to a 2-year debarment and to pay over $4 million in back wages to more than 1,000 employees, and a civil penalty of $100,000. (Wage & Hour Div. v. Prince George's Co. Bd. of Education, 9/20/11)
    AILA Doc. No. 11100764.
  • ALJ Finds Employer Liable for LCA Wages for Failure to Pay Transportation Costs(179 KB - 7/25/2011)
    The ALJ found that the employer’s failure to prove every element of a bona fide termination, including payment of the H-1B employee’s return trip home, leaves the employer liable for wages for the entire period of authorized employment on the LCA. (Limanseto v. Ganze & Co., 6/30/11)
    AILA Doc. No. 11072561.
  • Maryland Public Schools to Pay Back Wages in H-1B Investigation(2726 KB - 7/11/2011)
    Settlement Agreement and Consent Findings requiring Maryland Prince George’s County Public Schools to pay $4,222,146 in back wages to 1,044 workers to resolve alleged H-1B violations. (Wage & Hour Div. v. Prince George's Co. Bd. of Education, 7/7/11)
    AILA Doc. No. 11071162.
  • ARB on Reimbursement for Travel Time(119 KB - 2/8/2011)
    The ARB found that the H-1B employee was entitled to two days of wages for travel he undertook while employed to install a computer system, despite the employer’s policy to not compensate employees for travel time. (Wage & Hour Div. v. Integrated Informatics, 1/31/11)
    AILA Doc. No. 11020860.
  • ARB on Administrative Notice of Discovery Abuse in H-2A Case(329 KB - 1/12/2011)
    In an H-2A back pay/civil penalty case, the ARB found that the ALJ erred in taking administrative notice of respondent’s prior discovery abuse because the noticed facts were not generally known or verifiable. (Wage & Hour Div. v. Global Horizons Manpower, 12/21/10)
    AILA Doc. No. 11011260.
 
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