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2008 - 2002

  • ARB Finds Notice to INS/Offer to Pay Return Fare Did Not Constitute Termination(137 KB - 8/6/2008)
    DOL's ARB finds a lack of effective termination where, although the employer notified INS and sent a letter to the employee offering return fare, the employer continued to act as though a termination never occurred. (Innawlli v. American Information Technology Corp., 9/29/06)
    AILA Doc. No. 08080672.
  • VA Hospital Cannot Avoid H-1B LCA Obligations, Says DOL ARB(46 KB - 8/7/2008)
    DOL's ARB rejects arguments that DOL has no jurisdiction over prevailing wage issues for H-1B employment by a VA hospital. (Wage & Hour Div. v. Fargo VA Medical Center, 9/30/04)
    AILA Doc. No. 08080770.
  • DOL ARB Examines Termination of Employment for H-1B LCA Purposes(43 KB - 8/7/2008)
    Stating that whether a termination is bona fide does not turn solely on notification of INS, DOL's ARB nevertheless finds that a bona fide termination did not occur, based on the overall circumstances. (Wage & Hour Div. v. Ken Technologies, Inc., 11/30/04)
    AILA Doc. No. 08080769.
  • DOL ARB Dismisses Appeal as Untimely(46 KB - 8/7/2008)
    DOL's ARB dismisses an appeal received after the 30-day deadline, finding that a failed attempt to fax it does not show sufficient diligence and that the 30 days do not run from date of receipt. (Wage & Hour Div. v. Board of Trustees of Indiana Univ., 8/31/05)
    AILA Doc. No. 08080766.
  • DOL ARB Addresses Entry into Employment in H-1B Portability Context(106 KB - 8/7/2008)
    DOL's ARB awards back pay for a period prior to the approval of the H-1B petition because the beneficiary made herself available for work subsequent to the filing of the petition and thus fell under the portability provisions of INA 214(n). (Chelladurai v. Infinite Solutions, Inc., 4/26/06)
    AILA Doc. No. 08080765.
  • ARB Addresses Failure of Administrator to Issue Determination Within 30 Days (8/7/2008)
    DOL's ARB finds that the failure to issue a determination within 30 days on a claim that the employer failed to make inquiry with a secondary employer about non-displacement does not deprive the Administrator of jurisdiction. (Cyberworld Enterprise Technologies Inc. v. Administrator, 5/24/06)
    AILA Doc. No. 08080764.
  • DOL ARB Differentiates Termination Dates for Two Different LCA Rule Purposes (8/7/2008)
    DOL's ARB finds that the termination date for purposes of timeliness of a complaint under the statute of limitations for LCA claims can differ from the bona fide termination date for accrual of back pay for benching. (Ndiaye v. CVS Store No. 6081, 5/9/07, affirming 11/29/06 decision)
    AILA Doc. No. 08080762.
  • VA Medical Center Not a Research Institution, Says DOL ARB(43 KB - 8/6/2008)
    DOL's ARB finds that a Veterans Administration medical center is not a "Governmental research organization" for purposes of determining the prevailing wage. (Wage & Hour Div. v. Dallas VA Medical Center, 10/30/03)
    AILA Doc. No. 08080669.
  • DOL ARB Addresses Payment of H-1B wages(41 KB - 8/6/2008)
    DOL's ARB finds that payments to an H-1B under a business agreement are not H-1B wages, and thus back wages are due, but finds that a payment by the H-1B to the employer was not an unauthorized deduction. (Wage & Hour Div. v. Prism Enterprises of Central Florida Inc., 11/25/03)
    AILA Doc. No. 08080667.
  • DOL Administrative Review Board Addresses Start and End of H-1B Employment for LCA Purposes(57 KB - 8/6/2008)
    DOL's ARB examines benching issues in the H-1B LCA context. Payment by the beneficiary of fees, as well as representation by non-attorney, also is addressed. (Rajan v. International Business Solutions, Ltd., 8/31/04)
    AILA Doc. No. 08080666.
  • DOL Administrative Review Board Orders Reinstatement for Retaliatory Dismissal(146 KB - 8/6/2008)
    DOL's ARB finds that a VA hospital is subject to the anti-retaliation provisions of the H-1B LCA rules, and orders reinstatement of a doctor to his position. (Talukdar v. U.S. Dept. of Veterans Affairs, 1/31/07)
    AILA Doc. No. 08080664.
  • ARB Addresses Statute of Limitations for Benching Claim (8/6/2008)
    DOL's ARB finds that the limitation on the period in which to file a complaint for a benching violation does not begin running until a bona fide termination takes place, rather than within 12 months of when the first benching occurred. (Gupta v. Jain Software Consulting, Inc., 3/30/07)
    AILA Doc. No. 08080661.
  • DOL ALJ Discusses Actual Wage for H-1B LCA Purposes(711 KB - 7/29/2008)
    ALJ finds that where there are no other employees in the position, the actual wage is the amount paid to the H-1B employee, even though it was more than the amount stated on the LCA. (Mao v. Nasser, 5/26/06)
    AILA Doc. No. 08072962.
  • DOL ARB Affimance of Backpay and Civil Penalties in Kutty(153 KB - 7/25/2008)
    DOL ARB affirms that the employer did not pay the required wages, that the employer must reimburse the doctors for J-1 waiver expenses and visa costs and that the employer engaged in discrimination. (Wage & Hour Division v. Kutty, 5/31/05)
    AILA Doc. No. 08072576.
  • DOL ALJ Finds Petitioning Company's Owner Personally Liable for Back Pay(561 KB - 7/25/2008)
    A DOL Adminstrative Law Judge pierces the corporate veil to find the owner of a medical clinic liable for an H-1B LCA back pay award. (Robinson v. Help Foundation of Omaha, Inc., 8/29/06)
    AILA Doc. No. 08072566.
  • DOL ALJ Addresses Benching and Burden of Proof(556 KB - 7/25/2008)
    A DOL Adminstrative Law Judge addresses when a beneficiary "entered employment" for benching purposes, what constitutes an absence from work at the employee's request, and the related burdens of proof. (Arramreddy v. IK Solutions, Inc., 11/15/06)
    AILA Doc. No. 08072565.
  • DOL ALJ Addresses LCA Termination, Wage and Retaliation Issues(1052 KB - 7/25/2008)
    A DOL Adminstrative Law Judge addresses termination of employment and accusations of understatement of duties and of retaliation in the form of refusing to pursue an I-140. (Wage & Hour Div. v. Clean Air Technologies International Inc., 6/18/07)
    AILA Doc. No. 08072564.
  • DOL ALJ Discusses Conversion of Per Diems to Wages for H-1B LCA Purposes(350 KB - 7/25/2008)
    DOL Adminstrative Law Judge addresses when it is appropriate to convert per diem payments to wage payments for purposes of complying with the wage requirements for H-1B labor condition applications. (Wage & Hour Div. v. Geysers International , Inc., 12/11/06)
    AILA Doc. No. 08072561.
  • DOL ALJ Addresses LCA Wage, Fee Payment, Public Access File Issues(359 KB - 7/25/2008)
    DOL ALJ addresses LCA issues including termination of employment, profit sharing as wages, the impact of ownership interest by beneficiary, beneficiary's payment of filing and attorney's fees, posting, and the public access file. (Wage & Hour Div. v. Avenue Dental Care, 6/28/07)
    AILA Doc. No. 08072560.
  • DOL ALJ Looks to H-1B Required Wage(129 KB - 7/24/2008)
    Finding that private contract disputes are outside the scope of DOL's authority, an Adminstrative Law Judge bases her back pay decision on the LCA and the prevailing wage, rather than a possible agreement regarding a higher wage. (Galal v. Z&A Infotek Corp., 5/13/08)
    AILA Doc. No. 08072469.
  • DOL ALJ Finds Employer Liable for Beneficiary's Payment of Premium Processing and Filing Fees(310 KB - 7/24/2008)
    DOL ALJ finds an employer liable for the beneficiary paying the premium processing and filing fee. Numerous other LCA issues, including benching, termination and retaliation, also are addressed. (Morales Toia v. Gardner Family Care Corp., 4/25/08)
    AILA Doc. No. 08072468.
  • NLRB Judge Dismisses Complaints on Employer Changes in No-Match Policy(112 KB - 5/22/2008)
    An NLRB judge, stating that the company had a duty to follow up on no-match letters even before the recent DHS rulemaking, dismisses complaints that employer violated the NLRA by refusing to bargain about a more restrictive no-match letter policy. (Unite Here Local 26 v. ARAMARK, 5/13/08)
    AILA Doc. No. 08052264.
  • DOL ARB on Termination of H-1B's Employment(126 KB - 10/23/2006)
    The Labor Dept. Administrative Review Board addresses what circumstances constitute termination of employment for purposes of the employer's H-1B obligations. (Amtel Group of Florida v. Yongmahapakorn, 9/29/06)
    AILA Doc. No. 06102310.
  • DOL Administrative Review Board Addresses Benching and Related Issues (7/10/2006)
    DOL's ARB addresses issues related to benching of H-1B employees, investigation authority in absence of a complaint, effect of delay in bringing action, advance loan as wages, and relevance of immigration status in seeking unpaid wages. (Wage & Hour Div. v. Synergy Systems, Inc., 6/30/06)
    AILA Doc. No. 06071071.
  • DOL Administrative Review Board Addresses H-1B Disclosure and Posting Issues (8/3/2005)
    DOL's ARB addresses issues related to the posting of notice and the disclosure of wage information in the public access file in the H-1B context. (Santiglia v. Sun Microsystems, 7/29/05)
    AILA Doc. No. 05080367.
  • Administrative Review Board Declines to Toll Time Limit for Petition for Review (7/26/2005)
    Finding that it has the discretion to toll the 30-day limit for filing a petition for review, the ARB concludes that such discretion is not warranted in this case. (Wage & Hour Division v. Wings Digital Corp., 7/22/05)
    AILA Doc. No. 05072663.
  • Administrative Review Board Finds Termination and Rehiring Equal to Benching (7/5/2005)
    Employer's termination of H-1B employees without notifying INS and later rehiring them constituted unlawful benching under LCA rules. The violation was found to be willful. (Wage & Hour Div. v. Pegasus Consulting Group, Inc., 6/30/05)
    AILA Doc. No. 05070562.
  • DOL Decision Finds That "Loan Forgiveness" Violates LCA Regulations (8/12/2004)
    DOL's ARB finds that a $5,000 "loan" to H-1B employees for relocation expenses, to be forgiven in increments until the employee has completed one year of employment, constitutes a prohibited early termination penalty. (Wage & Hour Div. v. Novinvest, 7/30/04)
    AILA Doc. No. 04081264.
  • DOL Awards Back Pay, Assesses Civil Money Penalties (10/24/2002)
    The DOL, on 10/9/02, awarded over $1 million in back pay and assessed civil money penalties. (Wage and Hour Div. v. Kutty, 10/9/02)
    AILA Doc. No. 02102442.