USDOL v. Infobridge, Inc., 2004-LCA-3 (ALJ Apr. 1, 2004)
U.S. Department of Labor
Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220
(412) 644-5754 (412) 644-5005 (FAX)
Issue Date: 01 April 2004
CASE NO.: 2004-LCA -3
In the matter of:
U.S. DEPARTMENT OF LABOR,
CHICAGO, ILLINOIS
Prosecuting Party
v.
INFOBRIDGE, INC.
Respondent
DECISION AND ORDER APPROVING SETTLEMENT AGREEMENT AND CONSENT FINDINGS
The Administrator, Wage and Hour Division, United States Department of Labor, 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) and 8 U.S.C. §1182(n) et seq. ("INA"). The Prosecuting Party determined that the Respondent failed to pay wages required in violation of 20 CFR 655.731 and 20 CFR 665.805(a)(2), and further failed to maintain documentation in violation of 20 CFR 665.760(c) and 20 CFR 665.805(a)(15). Respondent filed a timely request for hearing on October 29, 2003. Jurisdiction over these proceedings is vested in the Office of Administrative Law Judges by INA §212(n), 8 U.S.C. §1182(n), and 20 CFR Part 655.800 et seq. with respect to Respondent's request for a hearing concerning the alleged violations of the provisions of §1182(n) of the INA.
The parties filed a "Settlement Agreement and Consent Findings" that was signed by counsel for the Administrator, Prosecuting Party and by Respondent Infobridge, Inc.'s representative, President Roma Trakru. The parties' agreement resolves the claims raised by the Administrator's Determination Letter of October 16, 2003. Pursuant to the parties' agreement, the violations are affirmed and Respondent will pay to the Administrator the sum of $19,166.66 which represents the full back wage amount computed due as set forth in the Administrator's Determination Letter.
The Rules of Practice and Procedure for Administrative Hearings for the Office of Administrative Law Judges found at 29 C.F.R. Part 18 is applicable to this proceeding.
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ORDER
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 and Order, it is determined that the terms of the settlement are fair and reasonable. The Settlement Agreement and Consent Findings are hereby APPROVED.
IT IS ORDERED that:
1. This Decision and Order shall have the same force and effect as an order made after full hearing.
2. The entire record upon which this Decision and Order is based shall consist solely of the Administrator's Determination Letter and the Settlement Agreement and Consent Findings 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 Decision and Order entered into in accordance with this Agreement are hereby waived.
5. The Determination Letter, Settlement Agreement and Consent Findings, together with this Decision and Order, shall constitute the final administrative findings and order in this case.
