News & Information

 

FEATURED PRODUCT

U.S. Master™ Wage-Hour Guide, 2009 Edition

U.S. Master™ Wage-Hour Guide, 2009 Edition
Presents a first approach to the broad and complex controls under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and other statutes regulating employee wages and hours.

Learn More »

LABOR & EMPLOYMENT LAW — 02/22/10

DOL seeks nearly $1.9 million in back wages and penalties for alleged violations of H-1B provisions

The Department of Labor has cited Peri Software Solutions Inc and Sarib Perisamya, its president and owner, for alleged violations of the H-1B provisions of the Immigration and Nationality Act, uncovering $1,456,422 in back wages due to 163 workers.

"The actions of Peri Software Solutions demonstrate the kind of abuses that our laws are designed to prevent," said Secretary of Labor Hilda L. Solis. "Every worker deserves to be paid for his or her work, and the Labor Department is committed to holding those companies that violate our nation's labor laws accountable."

An investigation by the DOL’s Wage and Hour Division found that the Newark company failed to pay the required prevailing wage to workers hired as computer analysts under the H-1B program. Investigators also found that the company forced employees to sign employment contracts and then sued them when those contracts were broken. Due to the willful nature of the violations, the company also has been assessed a civil monetary penalty of $439,000 and faces a potential two-year debarment from the H-1B program by the US Department of Homeland Security.

The H-1B visa program permits employers to temporarily hire foreign workers in professional occupations such as computer programmers, engineers, physicians and teachers. H-1B workers must be paid the same wage rates paid to US workers who perform the same types of work or the prevailing wage rate in the areas of intended employment, whichever is higher.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

Visit our News Library to read more news stories.