USDOL v. Millennium International Services, Inc., 2001-LCA-32 (ALJ Dec. 12, 2001)

Case No. 2001-LCA-00032
SOL File No. 0217764

ADMINISTRATOR, WAGE & HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR,
    Plaintiff,

    v.

MILLENNIUM INTERNATIONAL SERVICES, INC.,
    Respondent.

   Pursuant to 29 C.F.R. §18.9, the parties to this action, Administrator ,Wage & Hour Division [hereinafter the "Administrator"] and Millennium International Services, Inc. [hereinafter "Millennium"] have agreed to this Settlement Agreement in order to completely resolve the issues raised by the Administrator's Determination Letter issued to Millennium on September 13, 2001.

   1. This action arose under the Immigration and Nationality Act of 1952, (8 U.S.C. §§ 1101, et seq., (the "INA"), as amended by the Immigration Act of 1990, P.L. 101-649, 104 Stat. 4978, 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") P.L. 105-277, 112 Stat. 2861-2864. The Office of Administrative Law Judges has jurisdiction in this matter pursuant to section 21 2(n)(2) of the INA, and 20 C.F.R. § 655.820-840.

   2. The Wage-Hour Division conducted an investigation of Millennium from July through September of 2001.

   3. On September 13, 2001, the Wage-Hour Division issued a Determination Letter to Millennium identifying alleged violations of the H-1B provisions of the INA with regard to two H-1B

Nonimmigrant workers.

   4. On September 27, 2001, within the time period provided by 20 C.F.R. §655.820, Millennium filed a Request for Hearing with respect to the violations alleged in the Determination Letter.

   5. The Administrator alleged that Millennium violated the INA by failing to pay wages at the required wage rate of $28,579.00 as identified on the Labor Condition Application ("LCA") filed by Millennium, to two H-lB Nonimmigrant Workers (Ranbir Singh Chahal and Muthu Shanmugasundaram) in violation of 20 C.F.R. §§ 655. 731.

   The Administrator also alleged that Millennium violated the INA by failing to maintain a LCA for each place of intended employment, in violation of 20 C.F.R. §§ 655. 730(c)(1)(v).

   6. Millennium claims that it paid Ranbir Singh Chahal all required wages. With regard to this claim, Millennium will furnish to the Administrator, by no later than twenty (20) days after this Settlement Agreement is approved by the Administrative Law Judge, proof of the appropriate tax payments and reports as described in 20 C.F.R. §§ 655.731(c)(2)(ii) & (iii).

   7. In order to resolve this matter with regard to Muthu Shanmugasundaram, Millennium will pay back wages, by no later than fifteen (15) days after this Settlement Agreement is approved by the Administrative Law Judge, to Muthu Shanmugasundaram, in the gross amount of $2,500.00, by delivering to the Wage-Hour District Office, 10 East South Temple, Suite 1680, Salt Lake City, Utah 84133, a check made payable to "Muthu Shanmugasundaram or U.S. Dept. of Labor, Wage-Hour" for the back wages specified above, less the legally required deductions. Millennium also acknowledges that it is responsible for the employer's required contributions to the appropriate entities, including FICA, with regard to this payment.

   This back wage payment shall be made free and clear, within the meaning of 20 C.F.R. § 655. 731 (c)(2)(i).

   The Administrator will disburse the money to the named employee. Any monies which have

not been disbursed after three years, because of the inability to locate the proper person or because of his refusal to accept payment, shall be deposited into the Treasury of the United States as miscellaneous receipts.

   8. Millennium states that it is now in compliance with the provisions of the INA and its implementing regulations found at 20 C.F.R. Part 655, and will remain in compliance therewith.

   9. This Settlement Agreement and Order of Approval shall have the same force and effect as an Order made after a full hearing.

   10. The entire record forming the basis on which the Order is entered shall consist of the Determination Letter, and this Settlement Agreement and Order of Approval.

   11. The parties hereby waive any further procedural steps before the Administrative Law Judge and waive any right to contest the validity of this Settlement Agreement and Order of Approval.

   12. This Agreement and the Order shall become effective immediately upon approval by the Administrative Law Judge.

   13. Jurisdiction by the Administrative Law Judge, including the authority to issue additional order or decrees as necessary to implement the provisions of this Settlement Agreement will remain in effect through January 15, 2002. Enforcement proceedings for violation of this Settlement Agreement may be initiated through this date upon filing a motion with the Administrative Law Judge. If no further proceedings are warranted through January 15, 2002, this matter will be deemed closed.

   14. Each party will bear its own fees, costs and expenses incurred by such party in connection with any stage of this proceeding, including but not limited to attorney's fees which may be available under the Equal Access to Justice Act, as amended.

   IT IS SO ORDERED, ADJUDGED AND DECREED THAT THIS SETTLEMENT AGREEMENT IS APPROVED.

Date: 12/12/2001
   Richard E. Huddleston
   Administrative Law Judge

AGREED AND CONSENTED TO:

On behalf of the Administrator

Office of the Solicitor
U.S. Department of Labor
1999 Broadway, Suite 1600
P.O. Box 46550
Denver, CO 80201 -6550

Howard Radzely
Acting Solicitor of Labor

Michael A. Stabler
Regional Solicitor

Ann M. Noble
Associate Regional Solicitor

Katherine Vigil
Attorney

On behalf of Millennium International Services, Inc.

Kapil Soorma, President
Millennium International Services, Inc
1620 E. 2400 No.
Layton, UT 84040

APROVED AS TO FORM:

Paul C. Burke
Ray, Quinney & Nebeker
79 So.Main Street, Suite 500
Salt Lake City, Utah 84111

Attorneys for Millennium International Services, Inc