Administrator, Wage & Hour Division, USDOL v. Saineevas Soft People, Inc., 2004-LCA-1 (ALJ Feb. 20, 2004)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue Date: 20 February 2004

Case No. 2004 LCA 00001

IN THE MATTER OF:

ADMINISTRATOR, Wage and Hour Division,
United States Department of Labor,
    Prosecuting Party,

    v.

SAINEEVAS SOFT PEOPLE, INC.,
    Respondent.

Before: MOLLIE W. NEAL
    Administrative Law Judge

    The United States Department of Labor, Employment Standards Administration, Wage and Hour Division issued a determination letter alleging violations of the H-1B provisions of the Immigration and Nationality Act of 1952 as amended by the Immigration Act of 1990, the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (Title IV of Pub. L. 105-277, October 21, 1998; 112 Stat. 2681) found at 8 U.S.C. §1101. et seq; 8 U.S.C. 1101(a) (15) (H) (i) (b) ("INA "). The Prosecuting Party determined that the Respondent had failed to pay wages required in violation of §§ 655.731(b) and 655.760(c).

    On February 3, 2004, the parties filed a Settlement Agreement and Consent Findings which were signed by counsel for the Prosecuting Party and the President of SAINEEVAS SOFT PEOPLE, Inc. The Agreement seeks to settle and resolve all controversies and claims raised by the Administrator.s Determination Letter of September 25, 2003. By way of the settlement, the Respondent agrees to pay in full and complete settlement of all issues the sum of $49,242.55, representing the amount of back wages determined by the Administrator to be due to the four H-1B non-immigrants identified in Exhibit A which is attached to the Consent Findings.

    The Rules of Practice and Procedure for Administrative Hearings for the Office of Administrative Law Judges found at 29 C.F.R. Part 18 are applicable to this proceeding.

    Upon review of the record and the terms of the Settlement Agreement and Consent Findings, a copy of which is attached and made a part of this Decision, it is determined that the terms of the settlement are fair and reasonable. The Settlement and Consent Findings are hereby APPROVED.

    IT IS ORDERED that:

1. This Order shall have the same force and effect as an order made after full hearing;

2. The entire record upon which this Order is based shall consist solely of the Administrator's Determination Letter and t he Settlement Agreement executed by the parties;

3. Any further procedural steps before this Office and the Administrative Review Board are waived;

4. Any rights to challenge or contest the validity of this Order entered into in accordance with this Agreement are hereby waived.

5. The Settlement Agreement and Consent Findings, together with this Decision and Order, shall constitute the final administrative order in this case.

       MOLLIE W. NEAL
       Administrative Law Judge