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Article

Epstein Becker Green | USA | 1 Dec 2016

DOL Administrative Law Judge Permits Employer to Deduct H-1B Costs from Final Paycheck per Repayment Agreement

On October 26, 2016, an administrative law judge ("ALJ") for the U.S. Department of Labor ("DOL") found that an H-1B employer, located in

Article

Epstein Becker Green | USA | 30 Jan 2013

Labor Department settles claim against employer of J-1 foreign interns

In November 2012, the U.S. Department of Labor settled claims that three firms employing foreign J-1 student interns violated minimum wage and

Article

Epstein Becker Green | USA | 11 Apr 2012

DOL issues new H-2B rules that take affect April 23, 2012

On February 21, 2012, the Employment and Training Administration ("ETA"), U.S. Department of Labor ("DOL"), issued its final rule on the H-2B labor certification program for the employment of temporary skilled or unskilled nonagricultural workers.

Article

Epstein Becker Green | USA | 3 Feb 2012

DOL finds that the University of Miami, Miller School of Medicine, violated H-1B requirements

On December 20, 2011, the Administrative Review Board ("ARB"), U.S. Labor Department ("DOL"), issued a decision that found the University of Miami ("UM"), Miller School of Medicine ("MSM"), in violation of the laws relating to the employment of H-1B nonimmigrants.

Article

Epstein Becker Green | USA | 13 Sep 2011

DOL temporarily suspends work on prevailing wage determinations required for PERM labor certification applications

The U.S. Department of Labor ("DOL") recently announced that its Office of Foreign Labor Certification ("OFLC") has had to temporarily suspend processing applications for prevailing wage determinations ("PWDs"), including requests for redeterminations and Center Director Reviews.

Article

Epstein Becker Green | USA | 13 Sep 2011

Important developments in H-1B areas of "benching," retaliation, "bona fide" terminations, and prevailing wages

On August 19, 2011, the U.S. District Court for the Eastern District of Tennessee issued its decision in Kutty v. U.S. Department of Labor, No. 3:05-CV-510 (E.D. Tenn. Aug. 19, 2011).

Article

Epstein Becker Green | USA | 10 May 2011

Labor Department orders Prince George's County Public School System to pay $5.9 million for violations of H-1B wage requirements

On April 4, 2011, the U.S. Department of Labor ("DOL") found Maryland's Prince George's County Public School System ("PGCPS") in willful violation of the wage requirements that govern the H-1B nonimmigrant visa program.

Article

Epstein Becker Green | USA | 7 Apr 2011

Potential consequences of government shutdown

The latest continuing resolution funding federal government operations is set to expire on April 8, 2011, and the threat of a government shutdown appears more of a reality.

Article

Epstein Becker Green | USA | 2 Mar 2011

Potential immigration consequences of government shutdown

Employers need to consider the potential immigration consequences of a government shutdown due to the current budget impasse.

Article

Epstein Becker Green | USA | 29 Nov 2010

DOL discontinues Form I-9 inspections during OFCCP reviews

On November 16, 2010, the Office of Federal Contract Compliance Programs (“OFCCP”) of the U.S. Department of Labor (“DOL”) announced that it will no longer inspect the Forms I-9 of federal contractors during onsite compliance reviews.

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