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August 24, 2010
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Labor Law News

 

Labor Department Urges Subcommittee to Adopt Government
Accountability Office Recommendations on H-1B Labor Provisions


WASHINGTON — A U.S. Department of Labor official testifying today before the House Committee on the Judiciary, Subcommittee on Immigration, Border Security and Claims, highlighted the department's strong enforcement record despite limited enforcement authority under the Immigration and Nationality Act's H-1B visa program.

The H-1B program, which is limited to 65,000 visas per year, permits employers to temporarily hire skilled non-immigrants to fill specialized jobs in the United States, such as jobs in the technology and science fields. The department's Employment and Training Administration administers the application process and the Wage and Hour Division of the department's Employment Standards Administration enforces the program.

Alfred B. Robinson, acting administrator of the Wage and Hour Division, testifying on behalf of the department, urged the subcommittee to adopt two Government Accountability Office (GAO) report recommendations that would eliminate current enforcement restrictions. "By adopting the GAO recommendations, the Department of Labor will have the authority to use information from other federal agencies as a basis for an investigation," said Robinson.

The GAO noted that from FY 2000 to FY 2005 the Wage and Hour Division has increased H-1B back wage findings from $1.2 million to $5.2 million. Robinson added, "These enforcement statistics reflect the department's commitment to effectively enforce the law for workers, given the limitations in the current statute.

"If Congress implements these recommendations, the result will be an increase in H-1B enforcement, enhanced employer compliance with the program and increased protection for both U.S. and legal foreign-born workers," said Robinson.

The department also urged Congress to consider additional statutory changes to the existing legislation to provide greater flexibility in the use of H-1B fraud fees. The suggested change would enable the Wage and Hour Division to maintain its strong H-1B anti-fraud enforcement and strengthen overall enforcement activity to further combat fraud and protect American workers.

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News about Labor Law cases in Tampa and nationwide:

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Labor Law Terms

 


Today's Terms

Workers compensation

Definition:
This law assures to pay damages to any employee who has suffered injuries due to an accident at the worksite.

NLRA

Definition:
Also referred to as Wagner Act, this was the first substantial effort by the federal government to reshape the balance of power between labor and management in the U.S.

Securities and Exchange Commission

Definition:
An independent, non-partisan, quasi-judicial regulatory agency with responsibility for administering the federal securities laws.

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Labor Law Resources

 


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Labor Law Hot Topics

 


Topics Related to Labor Law:

  • Collective Bargaining
  • Discrimination law
  • Employment Agreements
  • Employment Litigation
  • Fair Labor Standards Act
  • Labor relations
  • Mediation
  • Occupational safety & health
  • OFCCP
  • Strike Support
  • Wrongful Discharge

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