The Department of Labor Wage and Hour Division ordered Prince George’s County Public Schools to pay $4.2 million in back wages to 1,044 H-1B workers who were required by the school district to pay the fees and costs associated with H-1B filing. The fees and costs illegally reduced the H-1B employees wages below the required wage and violated wage laws. The award should come as a warning to entities that hire H-1B employees. Employers should remember that they are ultimately responsible for covering the fees and costs associated with the H-1B process. Although an employee’s wages may be higher than the prevailing wage after payment of H-1B fees, the wage level of concern is the required wage, which is the higher of the prevailing wage or the average wage paid to employees at the company in the same position. H-1B employees who feel that they have not been treated in accordance with Department of Labor regulations should contact The Chander Law Firm regarding potential action. Related Links Department of Labor, News release, Prince George’s County Public School Agrees to pay $4.2 million in Back Wages for Violations of H-1B foreign worker program
