US Department of Labor debars Southland Filipino newspaper from foreign worker program
Asian Journal agrees to pay nearly $516,500 to 32 employees plus a $40,000 penalty
LOS ANGELES — The
U.S. Department of Labor announced today that it has debarred Asian
Journal Publications from using the H-1B visa program to hire temporary
workers.
An investigation conducted by the department's Wage and Hour
Division, determined that the employer did not properly pay the workers
and misrepresented facts on the Labor Condition Application filed with
the department's Employment Training Administration requesting approval
to hire the workers. The debarment will remain in effect until July 30,
2012.
"Misrepresenting the facts of the employment situation harms the
workers who are hired for their professional expertise, and hurts
domestic job seekers who may have otherwise been eligible for the
positions," said Secretary of Labor Hilda L. Solis. "We cannot allow
employers to take advantage of temporary workers who might be reluctant
to come forward in such situations, nor will we allow unscrupulous
employers to gain an unfair advantage over competitors who play by the
rules."
The LCA submitted by Asian Journal stated that workers were sought
for positions as accountants, reporters, news writers, journalists,
business analysts, public relations specialists and financial analysts.
However, the investigation revealed that most were working in sales as
account executives. In addition to misrepresenting the facts on the
application, the employer failed to properly pay the required wage rate
and to maintain documentation required under the H-1B visa program. The
department also contends the employer required the workers to pay visa
processing fees. Asian Journal has agreed to pay the 22 workers hired
using the H-1B program, a total of $473,218 in back wages as a result
of the investigation, as well as a $40,000 civil money penalty.
The department also found that 10 employees not hired through the
H-1B program were due $43,276 in back wages resulting from violations
of the federal Fair Labor Standards Act. The employees, who worked as
delivery drivers and office staff, were not receiving overtime pay when
working more than 40 hours in a week. Asian Journal has operations in
Los Angeles, San Francisco, Las Vegas, New York and the Philippines.
The department's regional Office of the Solicitor assisted in the
case, which resulted from an investigation conducted by the Wage and
Hour Division's Los Angeles District Office. For more information about
the H-1B program or the Fair Labor Standards Act, call the division's
Los Angeles office at 213-894-6375 or the toll-free helpline at
866-4US-WAGE (487-9243). Information is also available on the Internet
at http://www.dol.gov/whd/.