News & Analysis as of

Termination › Labor Condition Applications

Constangy, Brooks, Smith & Prophete, LLP

Appeals court affirms back pay award to E-3 worker, including for time that he was not working

Constangy, Brooks, Smith & Prophete, LLP on

A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more

Kramer Levin Naftalis & Frankel LLP

H-1B Employer Found Liable for Substantial Back Wages After Failing to Notify USCIS of Termination

Kramer Levin Naftalis & Frankel LLP on

As we have advised in the past, a bona fide termination of an H-1B employee by an employer only occurs when the employer does all of the following: (1) gives notice of termination to the H-1B worker; (2) notifies U.S....more

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