USDOL v. Digicom Infotek Systems, Inc., 2001-LCA-6 (ALJ July 8, 2002)
U.S. Department of
Labor
Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220
(412) 644-5754 (412) 644-5005 (FAX)
Issue date: 08Jul2002 CASE NO.: 2001-LCA-6
In the Matter of:
ADMINISTRATOR, WAGE & HOUR DIVISION
Prosecuting Party
v.
DIGICOM INFOTEK SYSTEMS, INC.
Respondent
ORDER GRANTING RESPONDENT'S MOTION TO WITHDRAW
ITS REQUEST FOR HEARING AND EXCEPTION TO THE ADMINISTRATOR'S
DETERMINATION LETTER
These proceedings arise under the Immigration and Nationality Act of 1952, P.L. 82-414, Stat. 163, as amended by the Immigration Act of 1990, P.L. 101-649, 104 Stat. 4978, and the Miscellaneous Technical Immigration and Naturalization Amendments of 1991, P.L. 102-232, 105 Stat. 1733 and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (Title IV of Pub. L. 105-277, Oct. 21, 1998; 112 Stat. 2681) at 8 U.S.C. § 1101, et seq. ("INA") and 8 U.S.C. 1101(a)(15)(H)(i)(b). Jurisdiction over these proceedings is vested in the Office of Administrative Law Judges by INA § 212(n), 8 U.S.C. § 1182(n), and 20 C.F.R. Part 655.800 et seq. with respect to Digicom Infotek Systems, Inc's (Respondent) request for a hearing involving alleged violations of the provisions of § 1182(n) of the Act.
Respondent has filed with this court "Respondent's Motion to Withdraw its Request for Hearing and Exception to the Administrator, Wage and Hour Division, United States Department of Labor's (Administrator) Determination Letter" based upon an administrative resolution reached by the parties to the proceeding. The Administrator's Determination Letter detailing her findings was issued to the Respondent on November 1, 2000. On November 9, 2000, the time period provided by 20 C.F.R. § 655.802, Respondent filed a Request for Hearing contesting the findings contained in the Administrator's Determination Letter.
[Page 2]
The Administrator's Determination Letter cited two violations of the provisions of the INA and the applicable regulations. Violation No. 1 alleged Respondent willfully failed to pay the required wage to four H-1B non-immigrant employees in violation of 20 C.F.R. §§ 655.731 and 655.805(a)(2)(1). The sum of $67,610.12 in back wages was determined to be due and a civil money penalty in the amount of $15,000.00 was assessed. Violation No. 2 alleged Respondent misrepresented the prevailing wage on an LCA violation of 20 C.F.R. § § 655.730(c) (1)(vi) and 655.805(a)(1). A civil money penalty of $750.00 was assessed. Additionally, each violation requires the Department of Labor to notify the Department's Employment and Training Administration and the Attorney General of such violation pursuant to 20 C.F.R. § 655.855.
The court, having reviewed Respondent's motion, and there being no objection by the Administrator to Respondent's request, hereby approves Respondent's motion. Based upon Respondent's withdrawal of its exception, the findings alleged in the Administrator's Determination Letter are final and the Administrator is to undertake such action accordingly which is consistent with the requirements of the INA and the applicable regulations.
