Archive for the 'Employee Rights' Category

Mediation: How a Lawyer Can Help

Many employees with legal complaints attend mediation at the Dept. of Labor or another agency on their own, without a lawyer.  This article describes ways a lawyer could help in mediation, and reasons to consider getting one. As a lawyer, I obviously have a bias toward telling employees to get a lawyer. But note that arguments for […]

Severance Negotiations? Consider the Value of an Attorney’s Letterhead

Have you been presented with a severance offer? If so, you may be planning to try to negotiate a better severance. And you may be wondering if you should mention, as leverage, potential legal rights.  After all, perhaps you found some strong potential legal claims via Google searches, via reviewing government websites, etc. The question: […]

H-1B Cap Exhausted. Who Is Affected? What Can You Do Now?

Our readers have probably seen all the headlines in the last few days about the H-1B cap being reached in the first week this year, the first time since 2008. For most of you, this story will not affect you, other than it being an indicator of a recovering economy. Those of you who already […]

J-1 Workers Have Rights Too; Students Awarded Back Pay After Filing Claims of Abusive Conditions

Exploitation of J-visa workers has popped up in the news again, with the Department of Labor reaching a settlement with three companies to pay $213,000 in back wages to foreign students who were hired for summer work in Pennsylvania at a Hershey’s Chocolate packing plant. The settlement resolves claims against the three companies for their […]

With No More New H-1Bs This Year, Is the J Visa Program Another Target for Exploitation By Employers?

Our H-1B worker readers are probably familiar with employers recruiting foreign workers holding OPT/CPT as an alternative to H-1B employment.  Some employers do this to avoid the restrictions that come with H-1B visas, such as having to pay the required wage to H-1B workers at all times, even while between work projects or on the […]

H-1B Visa Interviews Used to Detect Suspected Employer Fraud and Abuse; Are Visas In Jeopardy Even for Prior Employer Violations?

Consular officers are taking a more active role to stop employer abuse of the H-1B program, by reporting H-1B employer’s suspected wage violations to the Department of Labor (DOL) for investigation, based on information the officers obtained during visa interviews with workers. The officers’ interest is good news to the extent unlawful H-1B employer practices are being challenged. The […]

Texas Farm Accused of Discriminating Against US Citizen Job Applicants in Favor of H-2A Foreign Workers

A Texas farm has been accused of discriminating against U.S. citizen workers, and instead favoring foreign workers hired under the H-2A temporary worker visa program. In June 2010, a U.S. citizen with more than 12 years of experience in the agricultural industry said in a complaint that he had applied for a job as a cotton […]

It’s Your Status; Take Care of It

If you are an H-1B worker and have been reading our blog regularly, by now you probably know that your employer must pay you a required wage even if benched, you must do the work when available for which you were hired, and you cannot move from one location to the next without the employer […]

IT Staffing Company Agrees to Pay Up For Firing Employee Who Complained About H-1B Hiring Discrimination

A few weeks ago we wrote about a legal complaint against an H-1B body-shop employer that highlighted a unique process for American citizens or green-card holders to contest unscrupulous employers who exploit the H-1B program. In our prior story, we discussed the complaint process within the Department of Justice (DOJ), in which American citizens and green […]

H-1B Body Shop Ordered To Pay More Than $740,000 in Back Wages

An H-1B IT body shop in Georgia was ordered to pay $741,288 in back wages to 73 employees who were unlawfully benched or required to pay visa and application processing fees. The Department of Labor ordered Semafor Technologies LLC in Norcross to pay the back wages following an investigation into allegations of its unlawful practices. […]