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Administrator, Wage and Hour Division v. Texas Family Medical Associates, 2003-LCA-24 (ALJ Aug. 22, 2003)


U.S. Department of LaborOffice of Administrative Law Judges
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111 Veterans Memorial Blvd
Metairie, LA 70005

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Issue Date: 22 August 2003

Case No.: 2003-LCA-24

In the Matter of

ADMINISTRATOR, WAGE AND HOUR DIVISION,
    Prosecuting Party

   v.

TEXAS FAMILY MEDICAL ASSOCIATES,
    Respondent

DECISION AND ORDER

   This is a proceeding under the H-1B provisions of the Immigration and Nationality Act, ("INA"), 8 U.S.C. §1101(a)(15)(H)(i)(b) and the applicable regulations issued there under at 29 C.F.R. Part 507. The Administrator and Texas Family Medical Associates have filed Consent Findings resolving all issues in dispute in this case relating to Texas Family Medical Associates' contest of the Administrator's findings regarding its compliance with the H-1B provisions of the INA. 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 Texas Family Medical Associates have been resolved. Accordingly,

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

   Furthermore, IT IS ORDERED that prevailing wage compensation in the total amount of $3,773.60 to be paid by Texas Family Medical Associates to its former employee, Natalie Cramer, shall be deemed to be full satisfaction of the back wage claim against Texas Family Medical Associates arising out its employment of these persons.

   IT IS FURTHER ORDERED that respondent shall pay civil money penalties to the Administrator, Wage and Hour Division, in the amount of $550.00, within fifteen (15) days of the entry of this Order.

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

   So ORDERED.

      RICHARD D. MILLS
      Administrative Law Judge



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