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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. (Matter of 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 meet its burden of proving 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. (Matter of NSSA, 1/18/13) AILA Doc. No. 13012450.
    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. (Matter of Abacuss Software, 7/24/12) AILA Doc. No. 12080856.
    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 to H-1Bs, the ALJ assessed civil money penalties and debarred the employer for two years, but ordered the back wage assessment to be recalculated. (Matter of Sirsai, Inc., 7/27/12) AILA Doc. No. 12080855.
    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. (Matter of Xcel Solutions, 5/16/12) AILA Doc. No. 12052141.
    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. (Matter of Univ. of Miami, 12/20/11) AILA Doc. No. 12011060.
    AILA Doc. No. 12011060.
  • ARB Remands, Finds ALJ Erred in Declining to Hear Complainant’s Wage Claim(531 KB - 12/21/2011)
    The 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. (Matter of Univ. of Alabama, 11/30/11) AILA InfoNet Doc. No. 11122109.
    AILA Doc. No. 11122109.
  • ARB Affirms ALJ’s Order of Back Wages and Penalties for LCA Violations(514 KB - 12/21/2011)
    The ARB affirmed the ALJ’s order that the employer, 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. (Matter of The Lambents Group, 11/30/11) AILA Doc. No. 11122107.
    AILA Doc. No. 11122107.
  • ALJ Orders Payment of Back Wages, but Finds Liquidated Damages Clause Valid(704 KB - 10/31/2011)
    The ALJ found Respondent liable for back wages to 40 employees, including illegal deductions for H-1B and related attorney’s fees, but found no violation for collecting, or attempting to collect, damages from employees for early termination of employment. AILA Doc. No. 11103176.
    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. AILA Doc. No. 11100767.
    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 Maryland’s Prince George’s County Public School system agreed to a two-year debarment and to pay over $4 million in back wages to more than 1,000 employees, and a civil penalty of $100,000 for violating the H-1B program. AILA Doc. No. 11100764.
    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. (2011-LCA-00005, 6/30/11) AILA Doc. No. 11072561.
    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 between Maryland Prince George’s County Public Schools (PGCPS) and the Department of Labor Wage and Hour Division requiring PGCPS to pay $4,222,146 in back wages to 1,044 workers to resolve alleged H-1B violations. AILA Doc. No. 11071162.
    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. (Matter of Integrated Informatics, 1/31/11) AILA Doc. No. 11020860.
    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. (Matter of Global Horizons Manpower, 12/21/10) AILA Doc. No. 11011260.
    AILA Doc. No. 11011260.