DOL Scrutinizing H-1B Employees

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Near the end of this summer, Smartsoft International, Inc. agreed with the Department of Labor (“DOL”) to pay nearly $1 million to 135 of its foreign specialist workers who were temporarily employed by the company pursuant to the federal H-1B visa program. The compensation was in settlement of DOL charges that those employees were paid less than prevailing wages and/or were paid on a part-time basis despite being hired under a full-time agreement.

The IT solutions and systems integration company said in a press release that there was no proof of any intentional or systemic violation of law, and admitted no wrongdoing, referring to the settlement as a “compromise” concerning charges arising from a very complex area of law subject to varying interpretations.

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