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ESA-WHD New Release: [01/24/1997]
Contact Name: Brad Mitchell or Juan Solano
Phone Number: (312) 353-6976
Release Number: V-020
TWO CHICAGO-AREA NURSING HOMES TO PAY NEARLY $175,000 IN BACK WAGES AND PENALTIES FOR IMMIGRATION LAW VIOLATIONS
Chicago — Hillcrest Retirement Village Ltd., 1740 N. Circuit Drive, Round Lake Beach, Ill., and Abbott House, 305 Central Avenue, Highland Park, Ill., have agreed to pay $168,198 in back wages and $8,125 in civil money penalties for violations of the H-1A nonimmigrant program for foreign registered nurses.
Hillcrest will pay $118,934 in back wages to 19 Filipina nurses and a penalty of $7,125 and Abbott House will pay $49,264 in back wages to four Filipina nurses and a penalty of $1,000.
The nursing homes agreed to pay the penalties and back wages in a stipulation signed with the U.S. Department of Labor. The stipulation concludes legal proceedings begun in September 1996 following an investigation by the Labor Department’s Wage and Hour Division. The stipulation requires payment of the full penalties and back wages found due by the department plus nine percent yearly interest on the back wages until they are paid in full by July 1998.
The Wage and Hour Division investigated the nursing homes for violations of the terms and conditions of the H-1A visa program under which foreign registered nurses can be temporarily admitted to the United States.
The nursing homes had employed and paid the 23 Filipina nurses as nursing assistants instead of as registered nurses, paying them as much as 58% percent below the wage rate for registered nurses. The H-1A program, which is now expired, requires participating employers to pay the prevailing wage for registered nurses in the geographic area or the rate actually paid to registered nurses by the health care facility, whichever is greater. H-1A nurses cannot be paid as nurse aides or nursing assistants.
H-1A nurses employed before expiration of the H-1A program in September 1995 are allowed to remain in the United States until their H-1A visas expire.
"Temporary nonimmigrant worker programs are designed to meet the legitimate needs of U.S. employers while at the same time protecting wages and working conditions of American workers," said Jules Van Rengen, district director, Wage Hour Division. "Employers who use foreign nurses or other foreign professionals should know that we intend to continue vigorous enforcement of the law to ensure that no economic advantage is gained from using temporary foreign workers instead of U.S. citizens. We will not allow wages and working conditions in these skilled occupations to be undermined.
" The investigation was conducted by the Wage and Hour District Office, 230 S. Dearborn, Room 412, Chicago, under the supervision of Jules Van Rengen, district director.
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