From Today's General Counsel - Labor and Employment Weekly Alert
By Jeffrey Bell
The United States Court of Appeals, Sixth Circuit has found the owner of a medical clinic personally liable for a $1.1 million award for back pay and fines because H-1B visa and J-1 waiver fees were deducted from the pay of H-1B physicians. The court found these fees are considered business expenses that employers may not deduct. In addition, the physicians were not paid the wages required by the Department of Labor's Labor Condition Application (LCA), which is an integral part of the H-1B petition.
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