Wage and Hour Division (WHD)

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DENVILLE, N.J. -- Marsh Consulting Services Inc. of Denville has agreed to pay $130,678 in back wages to four foreign workers after the U.S. Department of Labor found the company in violation of the Immigration and Nationality Act. The workers were recruited from the Philippines to work on a project at (M and M) Mars in Hackettstown, N.J., under the act’s H-1B visa program.

An investigation conducted by the department’s Wage and Hour Division found that from April 2004 through January 2007, the workers were not paid the required wage rate when Marsh Consulting Services lost its (M and M) Mars contract and the workers had to find employment elsewhere. The company also failed to provide notice of its filing a labor condition application and to maintain required documentation.

“Under the Immigration and Nationality Act, employers are required to ensure that foreign workers recruited under the H-1B program are paid the rate stipulated in the labor condition application, even if the nature of their work changes,” says Joe Petrecca, director of the Wage and Hour Division’s Northern New Jersey District Office.

After the provisions of the law were explained, the company agreed to pay all back wages owed the workers. The company also agreed to comply with the law in the future.

The H-1B visa program permits employers to temporarily hire foreign workers to fill specialized jobs in the United States. Employers must pay H-1B workers at least the same wage as other employees who perform the same type of work or the prevailing wage in the area, and must pay full wages to any H-1B worker. The law also requires companies to accurately specify the terms and conditions under which the workers will be employed.

The Wage and Hour Division enforces the H-1B provisions of the Immigration and Nationality Act, in addition to other federal laws pertaining to wage payments. Information about the H-1B visa program’s worker protection provision may be obtained by calling the Department of Labor’s toll-free helpline at (866) 4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

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