Wage and Hour Division (WHD)
U.S. Department of Labor
Federal court requires Stockton, Calif., FoodPro International to pay nearly $48,000 in back wages following US Department of Labor investigation
SACRAMENTO, Calif. -- FoodPro International has been ordered by the U.S. District Court for the Eastern District of California in Sacramento to comply with a judge’s decision that ordered payment of $47,800 in back wages to a non-immigrant employee of the company
The U.S. Department of Labor’s Wage and Hour Division had determined that the back wages were owed because the Stockton, Calif.-based company had violated the H-1B provisions of the Immigration and Nationality Act.
“We are pleased that a federal court upheld our initial investigation and subsequent judge’s decision that this employee deserves the back wages owed to her,” said George Friday, western regional administrator of the Wage and Division. “Enforcing the pay provisions for H-1B workers is not only fair to this employee, but helps level the playing field for companies that pay their employees in accordance with all federal laws.”
After the original investigation had been concluded, the company contested the findings before an administrative law judge who ruled in favor of the Department of Labor in September 2008. The company then requested a review of the decision, which a review board rejected as untimely. Despite the ruling enforcing the Labor Department’s findings, the company has continued to refuse to pay the required back wages. This court order upholds the decision of the administrative law judge and requires the company to comply with the judge’s original decision.
The H-1B visa program establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the non-immigrant workers. Employers must attest to the Department of Labor that they will pay wages to H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater.
The original investigation was conducted by staff from the Wage and Hour Division’s Sacramento District Office. For more information about worker protections in the H-1B program and other federal wage laws, call the Sacramento District Office at 916-978-6123 or the division’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at http://www.dol.gov/whd.
Solis v. FoodPro International Inc.
Civil Action File Number 2:09-cv-02694-MCE-EFB
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