HTC Global Services US Department of Labor Determination Letter

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HTC Global Services US Department of Labor Determination Letter - Presentation Transcript

  1. U.S. Department of Labor Wage and Hour Division 211 W. Fort Street, Room 300 Detroit, MI 48226 Telephone: (313) 226-7447 Fax: (313) 226-3072 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7006 2760 0003 8911 0422 July 9, 2009 Madhava Reddy, President HTC Global Services, Inc. 3270 West Big Beaver Road Troy, MI 48084 Subject: Administrator’s Determination Pursuant to Regulations at 20 C.F.R. Part 655 - H-1B Specialty Occupations under the Immigration and Nationality Act (INA) administered by the Department of Labor (DOL) Reference #: 1507879 Dear Mr. Reddy: Based on the evidence obtained in the recently concluded Wage and Hour Division investigation of HTC Global Services, Inc., under the H-1B provisions of the INA, as amended, (8 U.S.C. § 1182(n)), it has been determined that your firm committed the following violations: failure to pay the required wage rate for nonproductive time; and failure to post notice of the LCA filing. Any Labor Condition Application (LCA) (Form ETA 9035 and/or ETA 9035E) included in this investigation is listed or enclosed. The specific violations and the remedy imposed for such violations are set forth on the enclosed Summary of Violations and Remedies. No civil money penalty is assessed as a result of the violations. Your firm owes back wages in the amount of $3,069.45 due to one H-1B nonimmigrant. The back wages have been paid in full. The employer is responsible for withholding the legally required deductions (e.g., Federal and State income tax and FICA) and paying these amounts and the employer's contributions to the appropriate entities. Your firm is liable for any ongoing violations. You and any interested party have the right to request a hearing on this determination. Such a request must be dated, be typewritten or legibly written, specify the issue(s) stated in this notice of determination on which a hearing is requested, state the specific reason(s) why the requestor believes this determination to be in error, be signed by the requestor or by an authorized representative, and include the address at which the requestor or the authorized representative desires to receive further communications relating to the hearing request.
  2. Page 2 July 9, 2009 The request must be made to and received by the Chief Administrative Law Judge (OALJ) at the following address no later than 15 calendar days after the date of this determination: U.S. Department of Labor Chief Administrative Law Judge ATTN: Deputy Secretary of BALCA 800 K Street NW., Room 400 North Washington, DC 20001-8002 If you or any interested party do not make a timely request for a hearing, this determination will become a final and unappealable order of the Secretary of Labor. The procedure for filing a request for a hearing is provided in 20 C.F.R. § 655.820. Please note that 20 C.F.R. § 655.820(f) requires that a copy of any such request for a hearing must also be sent to me and to those parties listed below who were provided a copy of this determination. The Department of Labor will notify any complainant and interested parties of any appeal. Due to the delayed delivery of mail in certain areas, you may wish to transmit your request to the OALJ via facsimile at 202-693-7365 to ensure timely receipt. A copy of 20 C.F.R. Part 655 subparts H and I can be found at the following web address: http://www.access.gpo.gov/nara/cfr/waisidx_08/20cfr655_08.html. Sincerely, James R. Smith District Director Enclosure(s): List of LCAs Summary of Violations and Remedies cc: U.S. Department of Labor Chief Administrative Law Judge ATTN: Deputy Secretary of BALCA 800 K Street NW., Room 400 North Washington, DC 20001-8002 (with enclosures and with copy of complaint per 20 C.F.R. § 655.815(b))
  3. Administrator U.S. Department of Labor Wage and Hour Division Room S-3510 200 Constitution Ave., NW Washington, DC 20210 U.S. Department of Labor Office of the Solicitor Room N-2716 200 Constitution Ave., NW Washington, DC 20210 Regional Solicitor of Labor U.S. Department of Labor 230 S. Dearborn, Room #844 Chicago, IL 60604 Linda Armstrong Butzel Long Suite 100 150 West Jefferson Detroit, MI 48226 Complainant and other interested parties
  4. Summary of Violations and Remedies HTC Global Services, Inc. VIOLATION: HTC Global Services, Inc. failed to pay wages as required in violation of 20 C.F.R. § 655.731. See 20 C.F.R. § 655.805(a)(2). The violation includes failure to pay the required wage rate for nonproductive time. REMEDY: No civil money penalty is assessed. HTC Global Services, Inc. has paid back wages in the amount of $3,069.45 to one H-1B nonimmigrant worker. HTC Global Services, Inc. is ordered to comply with 20 C.F.R. § 655.731 in the future. VIOLATION: HTC Global Services, Inc. failed to provide notice of the filing of LCAs in violation of 20 C.F.R. § 655.734. See 20 C.F.R. § 655.805(a)(5). The violation includes failure to post notice of the LCA filing for 10 days in two conspicuous locations at each place of employment where any H-1B nonimmigrant will be employed. REMEDY: No civil money penalty is assessed. HTC Global Services, Inc. is ordered to comply with 20 C.F.R. § 655.734 in the future and to post notice of the LCA filing for 10 days in two conspicuous locations at each place of employment where any H-1B nonimmigrant will be employed.
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