USDOL v. Global Management Services, Inc., 2001-LCA-5 (ALJ June 8, 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)
Issue date: 08Jun2001 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
Before: RUDOLF L. JANSEN
Administrative Law Judge
DECISION AND ORDER APPROVING SETTLEMENT AGREEMENT
The U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division issued a determination letter alleging violations of the H-1B provisions of the Immigration and Nationality Act of 1952 as amended by the Immigration Act of 1990, the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (Title IV of Pub. L. 105.277, Oct. 21, 1998; 112 Staat. 2681) found at 8 U.S.C. §1101, etseq.; 8 U.S.C. 1101(a)(15)(H)(i)(b). The Prosecuting Party determined that the Respondent had failed to pay wages required in violation of §§655.731 and 655.805(a)(6) of the regulations.
On May 24, 2001, the parties filed a Settlement Agreement and Consent Findings which were signed by counsel for both parties to this matter and also by Bryan L. G. Lewis, President of Global Management Services, Inc. The agreement seeks to settle and resolve all controversies and claims existing as a result of the Prosecuting Party's investigation. By way of the settlement, the Respondent agrees to pay in full and complete settlement of all issues the sum of $3,169.00 representing an agreed amount of back Document: Global Mgt Serv DO.wpd Created by: RJANSEN on 6/8/01 8:40:53 AMwages to be paid to the H-1B non-immigrant. The back wage payments are to be made in four installments. The amount of ,000.00 is to be paid at the time the Settlement Agreement was executed. Subsequently, three $720.00 payments are to be made on June 5, 2001, July 5, 2001, and August 5, 2001. Certain other conditions attach to those payments all as outlined in the Settlement Agreement and Consent Findings.
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The Rules of Practice and Procedure for Administrative Hearings for the Office of Administrative Law Judges found at 29 C.F.R. Part 18 are applicable to this proceeding. 20 C.F.R. §655.825(a).
ORDER
Upon a review of the record, the Settlement Agreement and Consent Findings are formally approved. IT IS ORDERED that:
1. This Order shall have the same force and effect as an Order made after full hearing;
2. The entire record upon which this Order is based shall consist solely of the Administrator's Determination Letter and the Settlement Agreement executed by the parties;
3. Any further procedural steps before this office are waived; and
4. Any rights to challenge or contest the validity of this Order entered into in accordance with this agreement are hereby waived.
IT IS FURTHER ORDERED that this matter is hereby dismissed with prejudice.
