The U.S. Department of Labor is continuing its enforcement efforts on H-1b companies that violate the regulations. The Dept. of Labor announced its latest case this week: a computer consulting company in New Jersey that has signed a consent order with the Dept. of Labor to pay $638,449 in back wages and interest and $126,778 in civil penalties. The company is also debarred from using the H-1b program for a period of one year. Along with the announcement, the Dept. of Labor reported that its investigations since 2005 have resulted in $5.6 million in back wages and $300,000 in civil money penalties in New Jersey alone. The most common violations have included:
1. Failure to pay the required wage on the H-1b petition;
2. Failure to post notice of the filing of a labor condition application at every worksite where an H-1b worker is employed; and
3. Failure to pay non-immigrant workers the required wage for all non-productive time caused by considtions related to employment — this includes not only lack of assigned work between projects but also non-employment because of a lack of permit/license or studying for a license exam.