Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002
(856) 486-3800
Issue Date: 27 February 2003
CASE NO.: 2003-LCA-00010
In the Matter of
ADMINISTRATOR, WAGE AND HOUR DIVISION
Prosecuting Party
v.
UNIVERSAL SOFTWARE SOLUTIONS, INC.
Respondent
DECISION AND ORDER APPROVING CONSENT FINDINGS
This proceeding arises under section 8 U.S.C. section 1101 et seq. of the Immigration and Nationality Act ("INA"), and the regulations issued thereunder, found at 29 C.F.R. Part 507. Civil money penalties in the amount of $1,500.00 were assessed by the Administrator, Wage and Hour Division ("Administrator") against Universal Software Solutions, Inc. ("Respondent") for two alleged violations of the provisions of the INA. The first asserted violation alleged that Respondent had failed to pay required wage rates to certain individuals, and the second involved an allegation that Respondent had accepted payment from an employee of the fee required to file a petition under the H-1B provisions of the INA. In addition, the Administrator calculated back wages in the aggregate amount of $52,110.41 due to four non-immigrant employees of Respondent.
Respondent timely filed an exception to the assessed civil money penalties, which caused the matter to be referred to the Office of Administrative Law Judges ("OALJ"). The case was assigned to me for a hearing. On February 21, 2003, the parties filed Consent Findings which were signed by both parties, and requested that an Order be issued disposing of this matter pursuant to 29 C.F.R. section 18.9 of the Rules of Practice and Procedure for Administrative Hearings before OALJ ("Rules)". According to 20 C.F.R. section 655.825, the Rules set forth at 29 C.F.R part 18 apply to proceedings arising under enforcement of H-1B provision of the INA.
To resolve this matter, Administrator has withdrawn its assessment of civil money penalties for the first alleged violation. Respondent has agreed to pay a civil money penalty of $50.00 for the second alleged violation. Respondent further has agreed to pay the back wages calculated due to four employees.
Upon review of the record, the Consent Findings are approved, and the agreement executed by the parties constitutes full and final resolution of this matter.
It is ORDERED that:
1. This Order shall have the same force and effect as an Order made after a full hearing.
2. The entire record upon which this Order is based shall consist solely of the Order of Reference and the Consent Findings.
3. Any further procedural steps before OALJ are hereby waived; and,
4. All rights to challenge or contest the validity of this Order which has been entered into in accordance with the Consent Findings are hereby waived.
It is further ORDERED that this matter is hereby dismissed. This Decision constitutes the Final Order of the Secretary unless an appeal is taken. 29 C.F.R. section 580.12(e).
Janice K. Bullard
Administrative Law Judge
Cherry Hill, New Jersey
NOTICE OF APPEAL RIGHTS: Pursuant to 20 C.F.R. §655.845, any party dissatisfied with this Decision and Order may appeal it to the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210, by filing a petition to review the Decision and Order. The petition for review must be received by the Administrative Review Board within 30 calendar days of the date of the Decision and Order. Copies of the petition shall be served on all parties and on the administrative law judge.
