Braden Campbell, Law360, Apr. 6, 2016 - "A family-owned farm in Nebraska has agreed to pay $250,000 in back wages to 89 temporary foreign workers it employed through the H-2A visa program, according to a recent order issued by the U.S. Department of Labor's...
Matter of Overdevest Nurseries, LP, Feb. 18, 2016 - "For failure to pay the Adverse Effect Wage Rate to its domestic workers in corresponding employment to its H-2A employees in 2012 and 2013, Respondent will pay $92,984.22 in back wages owed to 69 domestic...
Komakula v. Aqua Information Systems, Mar. 9, 2016 - "1. The Prosecuting Party paid $5,225 to the Respondent as fees for his H-1B petition in violation of the Act. Accordingly, I find that the Respondent must to remit the $5,225 payment to the Prosecuting...
Naomi Schorr writes: "This case is important because it's the first gloss on the leading case, Amtel Group of Florida, Inc. Amtel set the three-part test that an employer must meet to effect a bona fide termination of an H-1B employee: It must notify...
"The Justice Department reached an agreement today with Real Time Staffing Services LLC, doing business as Select Staffing, a company based in Santa Barbara, California. The settlement resolves the department’s claims that Select Staffing discriminated against...
"Dr. Mohan Kutty appeals the district court’s affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB) determination that he is personally liable for back wages, including expenses physicians hired by his clinics incurred in obtaining...
"We AFFIRM the ALJ’s finding that the scope of a Wage and Hour investigation initiated in response to an aggrieved party complaint is not limited to the allegations contained in that complaint. We also AFFIRM the ALJ’s evidentiary rulings and her ruling on...
"I find it clear the XCEL served as the alter-ego of Mr. and Ms. Goel. Respondents observed no corporate formalities, received from XCEL hundreds of thousands of dollars in loans and rents but could produce no documentation memorializing these transactions...
"The decision in Flaum instructs that the Board will not allow a respondent to use Board processes to launch a fishing expedition aimed at discovering unanticipated evidence that might mitigate its backpay liability under Hoffman Plastics." - NLRB, May...
BACK WAGES; VOLUNTARY NONPRODUCTIVE STATUS; PERIOD OF TIME BETWEEN ARRIVAL AND REPORTING TO RESPONDENT; PERIOD OF TIME TAKING CARE OF PERSONAL MATTERS IS VOLUNTARY, NONPRODUCTIVE STATUS; PERIOD OF TIME TO OBTAIN SOCIAL SECURITY CARD IS NOT VOLUNTARY, NONPRODUCTIVE...
Long (97 pages!) but worth reading for analysis of liquidated damages under Missouri law, benching, impermissible fees, and more. Matter of Greater Missouri Medical Pro-Care Providers, Inc., 2008-LCA-26, Oct. 18, 2011 .