BALCA En Banc Decision Summaries

NOTICE : These BALCA en decision summaries were created solely to assist BALCA staff in researching BALCA caselaw. The summaries are not part of the opinions and in no way constitute the official opinion of BALCA, the Office of Administrative Law Judges or the Department of Labor on any subject. The summaries should, under no circumstances, substitute for a party's own research into the statutory, regulatory, and case law authorities on any subject referred to therein. They are intended simply as a research tool, and are not intended as final legal authority and should not be cited or relied upon as such.

Sole proprietorship, overall fiscal circumstances

Ability to pay: overall fiscal circumstances of the owner of a sole proprietorship should be considered when assessing its ability to pay wages. RANCHITO COLETERO , 2002-INA-105 (Jan. 8, 2004) (en banc)

Certified financial statement

Ability to pay: financial statement prepared by an independent accounting firm was sufficiently responsive to the CO's request for a certified financial statement, where. the CO provided no rationale for rejection of such. FRIED RICE KING CHINESE RESTAURANT , 1987-INA-518 (Feb. 7, 1989) (en banc)