USDOL v. Global Management Services, Inc., 2001-LCA-5 (ALJ May 11, 2001)

U.S. Department of Labor

Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Case No.: 2001-LCA-5

In the Matter of

T. MICHAEL KERR, ADMINISTRATOR
WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
    Prosecuting Party

    v.

GLOBAL MANAGEMENT SERVICES, INC.
    Respondent

   Emelda Medrano, counsel for Prosecuting Party, filed by facsimile transmission on May 9, 2001 an Administrator's Motion In Limine. In that Motion, Ms. Medrano requests that I enter an Order precluding the Respondent from introducing any evidence regarding the performance record of the H-1B nonimmigrant worker involved in this case. Ms. Medrano suggests that this area of inquiry is irrelevant and immaterial to the issue of whether the Respondent failed to pay the wage rate required under the provisions of the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., the applicable regulations and the Labor Condition Application (LCA). No legal authority for the exclusion of evidence relating to the performance record was cited by Complainant. Respondent has not filed an answer to the Motion.

   Absent the recitation of some legal authority rendering the nonimmigrant's performance record as irrelevant and immaterial to the issue involved, IT IS ORDERED that the Prosecuting Party's Motion is hereby DENIED.

       Rudolf L. Jansen
       Administrative Law Judge