ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

I-9 E-Verify Immigration Compliance

description

  1. OSC Settles Immigration-Related Discrimination Claim Against J.E.T. Holding

    By Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	northern-marianas0.gif 
Views:	23 
Size:	11.2 KB 
ID:	1168

    The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) (just renamed the Immigrant and Employee Rights Section of the Civil Rights Division of the Department of Justice) reached a settlement to resolve claims that J.E.T. Holding Co. Inc. discriminated against U.S. citizens, lawful permanent residents, and certain work-authorized immigrants in violation of the Immigration and Nationality Act (INA). J.E.T. is a company based in Saipan, Commonwealth of the Northern Mariana Islands (CNMI), where it operates a restaurant, bowling alley and amusement center.

    The investigation found evidence that for approximately the first five months of 2016, J.E.T. engaged in a pattern or practice of refusing to hire U.S. citizens, lawful permanent residents, and other work-authorized individuals for several dishwasher positions. OSC concluded that J.E.T. failed to consider qualified U.S. citizen applicants and others based on their citizenship or immigration status because of a preference for hiring non-immigrant foreign workers with CW-1 visas. The CW-1 visa grants temporary work authorization to its beneficiaries and is only available in the CNMI.

    Under the terms of the settlement, J.E.T. will pay a civil penalty of $12,000, establish a backpay fund of $40,000 to compensate qualified claimants for any lost wages through a claims process, train its workers on the anti-discrimination provision of the INA, and be subject to department monitoring.
  2. Consulting Firm Settles with DOL Concerning H-1B Workers

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	Indus.jpg 
Views:	42 
Size:	8.3 KB 
ID:	1135

    U.S. Department of Labor Administrative Law Judge Larry S. Merck approved a settlement between consulting firm, Indus Group Inc., and the administrator of the DOLís Wage and Hour Division, under which Indus will pay $214,785 in back wages to three H-1B computer programmer workers. Of the three employees, one is being paid $106,860 and the others - $57,760 and $50,160. The company has also agreed to pay $9,120 in penalties.

    According to the consent findings, the administrator found that in addition to owing back wages to the H-1B employees, the company did not cooperate in the investigation. However, Indus has now agreed to pay to pay the back wages as a ďgood faith resolutionĒ of the dispute, according to the settlement.
  3. Staffing Company agrees to Pay $175,000 in OSC Settlement

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	Department of Justice PNG.jpg 
Views:	46 
Size:	20.8 KB 
ID:	1113

    The Justice Departmentís Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has reached an agreement with TEG Staffing Inc., also known as Eastridge Workforce Solutions, a temporary staffing agency headquartered in San Diego, to resolve allegations that they discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).

    The OSCís investigation found that from about March 2014 until about September 2015, Eastridge had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. In contrast, Eastridge allowed U.S. citizens to present whichever valid documents they wanted to present to prove their work authorization. Under the INA, all workers, including non-U.S. citizens, must be allowed to choose whichever valid documentation they would like to present from the Lists of Acceptable Documents to prove their work authorization, such as a driverís license and unrestricted Social Security card.
    Under the terms of the settlement agreement, which is effective for two years, Eastridge will pay $175,000 in civil penalties, attend training by the OSC through a webinar on anti-discrimination provisions, and undergo department monitoring and review of its processes for verifying the work authorization of newly hired employees.

    This settlement is just another example of the OSCís strict enforcement of the INA with large civil penalties.
  4. OSC Settles Claim Against Hartz Mountain Industries for Requiring U.S. Citizenship

    By Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	hartz-logo-background.jpg 
Views:	38 
Size:	3.4 KB 
ID:	1106

    The Justice Departmentís Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) reached a settlement agreement with Hartz Mountain Industries Inc., of Secaucus, New Jersey, to resolve allegations that the company discriminated against work-authorized non-U.S. citizen job seekers, in violation of the Immigration and Nationality Act (INA).

    The OSCís investigation found that Hartz discriminated based on citizenship status by publishing a job posting that required applicants for a particular job opening to be U.S. citizens, in violation of the INA. Job postings with citizenship preferences or requirements violate the INA by restricting employment opportunities available to work-authorized non-citizens. While there are exceptions in the INA that allow for specific positions to be subject to citizenship requirements, the position available at Hartz did not meet the criteria.

    Under the settlement agreement, Hartz will pay $1,400 in civil penalties to the United States, train its human resources staff on the anti-discrimination provision of the INA, revise its policies on requiring citizenship and other policies, ensure all postings or advertisements are reviewed by a trained individual in employment discrimination or by legal counsel, review its policies and be subject to monitoring by the department for a three-year period.

    Although this type of violation is rarely seen, it can be prevented by legal counsel reviewing a companyís job postings.
  5. Soccer Camp Settles H-1B Case for $185,000

    By Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	Soccer Ball.jpg 
Views:	65 
Size:	9.6 KB 
ID:	1082

    An Administrative Law Judge (ALJ) with the U.S. Department of Labor (DOL) approved a settlement between the DOL and Ashley Soccer Camp for $185,000 in a complaint involving coaches hired under the H-1B program. $175,000 was for backpay and $10,000 for civil penalties.

    Ashley Soccer Camp hired 12 soccer coaches under the H-1B program and promised to pay them between $18,000 to $55,000 each year, according to DOL. However, after the coaches came to the United States, the company reneged on these promises, giving some of its employees less than 50% of what was promised.

    This led the soccer coaches to file a complaint with DOL. Thereafter, DOL found the complaint to be meritorious and set the case for a hearing. Before the hearing began, the parties reached this settlement.
Page 1 of 2 12 LastLast
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: