Category Archives: D-1

Wage and Hour Division (WHD) Protects Certain Visa Holders

  Wage and Hour Division (WHD)  of  the United States Department of Labor Administers/Enforces Certain Major Laws such as:

The Fair Labor Standards Act (FLSA) is the federal law commonly known for minimum wage, overtime pay, child labor, recordkeeping, and special minimum wage standards applicable to most private and public employees. FLSA provides the agency with civil and criminal remedies, and also includes provisions for individual employees to file private lawsuits. The 1989 Amendments to FLSA added a provision for civil money penalties (CMP) for repeated or willful minimum wage or overtime violations. (Since 1974, FLSA has contained a similar CMP provision for child labor violations.)

Wage and Hour has certain responsibilities under the Immigration and Nationality Act (INA). These include: (1) enforcement of the labor standards protections for certain temporary nonimmigrant workers admitted to the U.S. under several programs (D-1, Crewmembers; H-1B, Professional and Specialty Occupation Workers; H-1C, Nurses; H-2A Agricultural Workers); and (2) inspection for compliance with the employment eligibility verification recordkeeping requirements (I-9 reviews).

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Filed under D-1, Fair Labor Standards Act ["FLSA"], H-1B, H-1C, H-2A, H-2B, Undocumented Workers, Unpaid Overtime Wages

H-1B, H-2A, H-2B, H-3 and L visa holders are entitled to protection

Visa holders are entitled to enforce the terms and conditions of work they are offered at the time they accept their visas. Furthermore the Department of Labor establishes certain minimum work standards for visa recipients including payment of at least the prevailing wage in effect for the occupation and location where work is performed. Limits, which vary depending on the visa type, are placed on the costs that employers can impose on workers for obtaining visas and traveling to the United States. Visa holders who may have such claims include H-1B (Specialty occupations), H-2A (Temporary or seasonal agricultural workers), H-2B (Temporary or seasonal non-agricultural workers), H-3 (trainees), and L (intra-company transfers). The attorney investigating the claim should have a comprehensive understanding of the applicable immigration laws and how they intersect with FSLA and state wage laws.

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or send an email to: RobbinsLawOffice at me.com;

or call our office : (954) 946-8130

 We look forward to hearing from you and discussing your case with you.

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Filed under D-1, Fair Labor Standards Act ["FLSA"], H-1B, H-1C, H-2A, H-2B, minimum wage violations, Unpaid Overtime Wages