Wage and Hour Division (WHD)

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SEATTLE -- Ajay International Inc., Bothell, Wash., has been ordered to pay $65,830 in back wages to three employees, the U.S. Department of Labor announced today. The department’s Wage and Hour Division also fined the company $18,400 in civil money penalties for violations of the Immigration and Nationality Act’s H-1B visa program, including the failure to pay the prevailing wage to non-immigrant workers.

Also, in a motion for summary judgment, the Administrative Law judge ordered the firm debarred from filing any new Labor Condition Applications under the Act for a period of two years.

“This employer failed to pay the required prevailing wages to employees, misrepresented material facts, failed to provide notice of filing, accepted payment from an H-1B worker for filing fees, failed to maintain required records, and violated other provisions of the Act,” said Donna Hart, Seattle district director for the Wage Hour Division.

The H-1B visa program permits employers to temporarily hire non-immigrants to fill specialized jobs in the United States. An employer must pay an H-1B worker at least the same wage it pays other employees who perform the same type of work or the prevailing wage in the area.

Seattle area-based Ajay International is an employment agency in the high-technology field. The department's investigation covered the period April 1, 2003, through Jan. 31, 2005.

The Wage and Hour Division recovered nearly $200 million in back wages in fiscal year 2004 for more than 288,000 workers nationwide. Average days to resolve a complaint during that time decreased from 108 to 92 days.

For more information about the H-1B non-immigrant worker visa program and other provisions of the Immigration and Nationality Act enforced by the Wage and Hour Division, contact the Seattle District Office at 206-398-8039 or the department’s toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available at www.wagehour.dol.gov.

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