Labor Dept. Board Rules Against Company for Failing to Pay H-1B Worker for Travel Time

Labor Dept. Board Rules Against Company for Failing to Pay H-1B Worker for Travel Time

Posted on February 16, 2011

The Department of Labor’s Administrative Review Board (ARB) ruled on January 31, 2011, against a medical software company, Integrated Informatics, Inc., for failing to pay an H-1B nonimmigrant computer programmer for two days of traveling for a work project. The ARB rejected the company’s argument that it had a policy of withholding payment for travel. “Even accepting as true that Integrated’s policy is not to compensate its employees for travel time, a company policy is not among the exceptions to an H-1B employer’s obligation to pay H-1B nonimmigrant workers their wages,” the ARB said.

The decision is available at http://op.bna.com/dlrcases.nsf/id/jaca-8dupbr/$File/Integrated.pdf.

Regards,

Andrew M. Wilson, Esq
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com

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