Mark A Ivener, A Law Corporation

Labor Dept. Board Rules Against Company for Failing to Pay H-1B Worker for Travel Time

The Department of Labor’s Administrative Review Board (ARB) ruled on January 31, 2011, (download PDF) against a medical software company, Integrated Informatics, Inc., for failing to pay an H-1B nonimmigrant computer programmer for two days of traveling for a work project. The ARB rejected the company’s argument that it had a policy of withholding payment for travel. “Even accepting as true that Integrated’s policy is not to compensate its employees for travel time, a company policy is not among the exceptions to an H-1B employer’s obligation to pay H-1B nonimmigrant workers their wages,” the ARB said.

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.