USDOL v. Frontier Consulting, Inc., 2002-LCA-5 (ALJ Mar. 1, 2002)

Case No. 2002-LCA-5

In the Matter of

ADMINISTRATOR, WAGE AND
HOUR DIVISION,
   Complainant

v.

FRONTIER CONSULTING, INC., a
corporation,
   Respondent.

   This is a proceeding under the H-1 B provisions of the Immigration and Nationality Act, ("INA" or "the Act"), 8 U.S.C. § 1101 et seq. and the implementing regulations at 20 C.F.R. § 655.700 et seq. The Administrator and Frontier Consulting, Inc. have filed Consent Findings resolving all issues in dispute. The Consent Findings are marked for identification as ALJ No. 1, and are attached hereto and made a part hereof. The Court has examined the stipulations of fact and conclusions of law contained therein, and concludes that all issues in contest between the Administrator and Frontier Consulting, Inc. have been resolved. Accordingly,

   IT IS ORDERED that the Consent Findings (ALJ No. 1) be, and the same hereby are APPROVED, and

   IT IS FURTHER ORDERED that Frontier Consulting, Inc. shall pay to the Administrator, Wage and Hour Division, in the amount of $2,500, within fifteen (15) days of the entry of this Order.

   FINALLY, IT IS FURTHER ORDERED that the Consent Findings be made part of the record.

DATED: March 1, 2002

       LEE J. ROMERO, JR.
       Administrative Law Judge

Respondent hereby consents to entry of this Decision and Order: s/___________________ ADAN G. VEGA Attorney Adan G. Vega & Associates, P.C. 2918 Bagby, Suite 200 Houston, Texas 77006

Complainant hereby requests entry of this Decision and Order: EUGENE SCALIA Solicitor of Labor WILLIAM E. EVERHEART Regional Solicitor MARGARET T. CRANFORD Counsel for Wage and Hour s/____________________ MADELEINE T. LE Attorney U.S. Department of Labor Office of the Solicitor 525 Griffin Street, Suite 501 Dallas, TX 75202

Case No. 2002-LCA-5

In the Matter of

ADMINISTRATOR, WAGE AND
HOUR DIVISION,
   Complainant

v.

FRONTIER CONSULTING, INC., a
corporation,
   Respondent.

   Comes now Complainant, the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, and Respondent, Frontier Consulting, Inc. and file the following Consent Findings:

   1. Frontier Consulting, Inc. was at all times relevant a corporation with its principal place of business and mailing address at 10101 Southwest Freeway, Suite 400, Houston, Texas 77074.

   2. During the period from April 1998 through April 2000, Respondent employed H-1B nonimmigrants and were covered by the H-1B provisions of the Immigration and Naturalization Act ("INA" or "the Act"), 8 U.S.C. § 1101 et seq. and the implementing regulations at 20 C.F.R. § 655.700 et seq.

   3. Complainant agrees to withdraw the Administrator's determination letter. Respondent agrees to withdraws its objections to the Administrator's determination letter and request for hearing.

   4. Without admitting that it has violated the Act and to avoid incurring additional litigation expenses and attorney's fees, Respondent stipulates and agrees that it will pay to the United States Department of Labor, Wage and Hour Division the sum of $2,500.

   5. Complainant and Respondent agree that the order submitted to the Court along with these Consent Findings shall have the same force and effect as an order made after full hearing.

   6. Complainant and Respondent agree that the entire record on which any order of the Court may be based shall consist solely of these Consent Findings.

   7. Complainant and Respondent waive any further procedural steps before the Office of Administrative Law Judges and the Administrative Review Board regarding the matters that are the subject of these consent findings and order.

   8. Complainant and Respondent waive any rights to challenge or contest the validity of the decision and order entered into in accordance with these consent findings.

   9. Complainant and Respondent agree to bear their own attorney's fees, costs and other expenses incurred by such party in connection with any stage of the above-referenced proceeding including, but not limited to, attorney's fees which may be available under the Equal Access to Justice Act, as amended.

s/___________________________ ADAN G. VEGA Attorney Adan G. Vega & Associates, P.C. 2918 Bagby, Suite 200 Houston, Texas 77006 Signed this 13th day of February, 2002.

EUGENE SCALIA Solicitor of Labor WILLIAM E. EVERHEART Regional Solicitor MARGARET T. CRANFORD Counsel for Wage and Hour s/__________________________ MADELEINE T. LE Attorney U.S. Department of Labor Office of the Solicitor 525 Griffin Street, Suite 501 Dallas, TX 75202 Signed this 25th day of February, 2002.