Set Text Size:

S

S

S

2010 - 2009

  • NJ Software Company Debarred(205 KB - 12/27/2010)
    The ALJ ordered company debarred from filing immigrant and nonimmigrant petitions for one year and to pay back wages. (Wage & Hour Div. v. Peri Software Solutions Inc., & Saravanan Periasamy, 11/22/10)
    AILA Doc. No. 10122755.
  • NYC Immigration Law Firm Debarred(531 KB - 12/16/2010)
    The ALJ found that errors in paying the required wage by an attorney who advertised having extensive experience in immigration were willful and he was thus debarred for two years. (Wage & Hour Div. v. Law Offices of Sergio Villaverde PLLC, 11/4/10)
    AILA Doc. No. 10121666.
  • Partnership Draw Not Payment of H-1B Wages(314 KB - 7/9/2010)
    DOL ARB finds that receipt of money draws under partnership agreement did not constitute payment of wages for LCA purposes, and failure to pay was willful. (Wage & Hour Div. v. Avenue Dental Care, 1/7/10)
    AILA Doc. No. 10070930.
  • NLRB Adopts ALJ Supplemental Decision in SSA No Match Policy Case (5/4/2010)
    NLRB issued a supplemental decision addressing SSA No Match policy. Courtesy of AILA member Mary Pivec. (Aramark v. Educational Services, 2/18/10)
    AILA Doc. No. 10050466.
  • Employer Not Required to Use PERM Wage for H-1B LCA(231 KB - 4/8/2010)
    ALJ finds that an employer that used its own survey for an H-1B LCA is not required to pay at the level of a SWA determination obtained in connection with a later PERM application. (Baiju v. Fifth Avenue Committee, 3/8/10)
    AILA Doc. No. 10040835.
  • ARB Finds ALJ Abused Discretion for Dismissal Based on Agency Failure to Attend Hearing(84 KB - 11/6/2009)
    ARB found ALJ erred in dismissing claim based on the DOL Solicitor's failure to attend hearing. ARB distinguished cases where a party is held responsible for counsel deficiencies because here the Solicitor was the prosecuting party. (Wage & Hour Div. v. Siliconlinks, Inc., 10/28/09)
    AILA Doc. No. 09110672.
  • ARB Affirms that Wage and Hour Determination is Prerequisite for ALJ Hearing(104 KB - 11/6/2009)
    DOL ARB affirmed finding that an investigation and determination by the Wage and Hour Division is a prerequisite for an ALJ hearing, finding that the authority to decide to investigate is discretionary. (Jain v. Empower IT, Inc., 10/30/09)
    AILA Doc. No. 09110665.
  • ARB Finds ALJ Properly Issued Default Judgment(144 KB - 10/5/2009)
    DOL ARB affirms the ALJ’s decision issuing a default judgment against Respondent which included $30,869 of back pay plus filing fees. (Sifuentes v. Int'l Software Solutions, Inc., 8/06/09)
    AILA Doc. No. 09100564.
  • ALJ Finds “Benched” H-1B Employee Entitled to Unpaid Wages(224 KB - 5/14/2009)
    DOL ALJ found that the employee did not need a SSN to begin work, thus was in employment-related nonproductive status requiring payment. Only pay reported to IRS met requirement of payment of prevailing wage. (Wage & Hour Div. v. Itek Consulting, Inc., 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 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 and warranted civil money penalties by failing to pay for non-productive time. (Administrator v. Pegasus Consulting Group, Inc.)
    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 by terminating beneficiary after he complained to the DOL. Also finds that the beneficiary is entitled to recover his annual salary and benefits for forbidden benching. (Huang v. Ultimo Software Solutions, Inc., 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)
    Decision of the National Labor Relations Board related to a union election provides some insight into mailroom contractor operations at the USCIS Vermont Service Center. Courtesy of Barbara Bower. (Stanley Associates, Inc., v. United Electrical, Radio and Machine Workers of America, 2/1/08)
    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)
    DOL ARB found that the employer failed to report termination of the H-1B employee, noting that periods of unproductiveness were not due to unwillingness or unavailability of the employee to work. (Wage & Hour Div. v. Help Foundation of Omaha, Inc. et al., 12/31/08)
    AILA Doc. No. 09011570.
 
Copyright © 1993–2014, American Immigration Lawyers Association.
Suite 300, 1331 G Street, NW, Washington, DC 20005
Copyright & Reprint Policy
Contact Us