It is one thing to bring workers from India and other countries to employ as software engineers for renowned Silicon Valley firms, such as eBay Inc., Apple Inc. and Cisco Systems Inc. It’s another thing when you shortchange them and fail to pay the local prevailing wage while they’re here.
The U.S. Department of Labor Wage and Hour investigators found such shortchanging when they looked into the labor practices of Scopus Consulting Group and Orian Engineers, two worker placement organizations in Sunnyvale. After the parties filed consent findings, federal Administrative Law Judge Stephen R. Henley ordered the two businesses owned by Kishore Kumar to pay 21 workers $84,000 in back wages and $103,000 in fines to the federal government.
“Some of the country’s most cutting-edge, successful organizations benefit from underpaid H-1B workers,” said Susana Blanco, director for the Wage and Hour Division in San Francisco. “H-1B workers must be paid local prevailing wages. We will not allow companies to undercut local wages and hurt U.S. workers and businesses who pay their workers fairly.”
The investigators found that Orian and Scopus Consulting violated the H-1B provisions of the Immigration and Nationality Act as follows:
- by misrepresenting the prevailing wage level on the Labor Condition Applications required by the act.
- The employers also recruited experienced workers, most of whom have master’s degrees, and paid them as entry level employees.
Both firms have been debarred from H-1B program participation for one year. The investigators also cited the companies for failing to post a notice in the workplace about their applications to bring in foreign workers using the H-1B visa program, which would allow U.S. workers to learn about and apply for job openings.
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations that require the application of highly specialized knowledge and at least a bachelor’s degree, or its equivalent. The H-1B provisions seek to help employers who cannot obtain needed business skills and abilities from U.S. workers and authorizes temporary employment of qualified individuals who otherwise are not authorized to work in the U.S.
If you feel that you have not been compensated for the hours you have worked you may call the law office for a FREE strictly confidential consultation about your claim for minimum wage or unpaid overtime wage violations at: (954) 948-8130. Or you can complete the simple form below for submission to us. Please be advised that by merely submitting this form, no Attorney-Client relationship is formed with the law firm. You must provide your name, home or cell phone number, your email address and your zip code in the form. We look forward to discussing your possible minimum wage and/or overtime pay violations claim We are passionate about defending and enforcing workers’ rights for unpaid wages.