Administrator v. Greater Missouri Medical Pro-Care Providers, Inc.
An article written by Adam Rosen entitled Greater Missouri: ‘Comply with LCA Program Rules’ is featured in AILA Voice’s May 2014 edition. AILA Voice is a publication owned by American Immigration Lawyers Association (AILA), a major professional organization of immigration attorneys. The article summarizes the decision made by the Administrative Review Board (ARB) on the H1B case, Administrator v. Greater Missouri Medical Pro-Care Providers, Inc., that was passed in January.
In this suit, an H1B employee filed a complaint on the issue regarding the DOL’s Wage and Hour Division. An attorney himself, Rosen cites that the complainant made an allegation against the employer stating that Greater Missouri “failed to pay her the wages required under its labor condition application (LCA) for time off due to a decision by the employer.” As the investigation ensued, the DOL discovered that Greater Missouri violated several LCA rules that affected not only the complainant but also the other employees, and required Greater Missouri to make retroactive wage payments of over $382, 000 to the 45 employees of H1B.
Rosen adds that the H1B case supports the extensive powers of the DOL to conduct wage-and-hour-investigations out of a single complaint made by an employee of H1B. Furthermore, he warns, “The ARB makes it clear that an investigation can include asking for evidence about other workers,” imposing the obligation on the employers to prove that they did not violate the law.
Rosen concludes, this presents an important message to all employers to follow the rules stated in the LCA program since the DOL is granted with considerable powers to enforce such rules, and getting away with these rules is becoming more difficult these days.