1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Know Your Rights

Discussion in 'General Topics' started by Ron Gotcher, Jun 24, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
  2. mar212011

    mar212011 Well Regarded Member

    Messages:
    1,050
    Likes Received:
    109
    Trophy Points:
    63
    Hi Ron

    A general question regarding payroll related. If an employee working for a consulting firm is working on hourly basis, and the payroll is run once a month and the payroll is less than the total hours * hourly rate, are there any rights to the employee
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Yes. The employer must pay at least the salary shown on the LCA. If they do not, the employee can go to the Department of Labor to seek redress.
     
  4. mar212011

    mar212011 Well Regarded Member

    Messages:
    1,050
    Likes Received:
    109
    Trophy Points:
    63
    Thanks Ron. what if the pay is more than LCA but still less than the total
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    The term "prevailing wage" for H1B purposes is the figure shown on the LCA or the actual wage, whichever is higher. If the LCA says $60K, but everyone in your job classification at your company makes at least $90K, then the prevailing wage is $90K.
     
  6. mar212011

    mar212011 Well Regarded Member

    Messages:
    1,050
    Likes Received:
    109
    Trophy Points:
    63
    Sadly i believe im on the higher end of prevailing wage based on my rate. So the rate is still higher than the prevailing wage, is there any hope even then
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    What, exactly, is the problem?
     
  8. mar212011

    mar212011 Well Regarded Member

    Messages:
    1,050
    Likes Received:
    109
    Trophy Points:
    63
    There is atleast 4k balance after the prevailing wage on each month, and the payroll only runs for the prevailing wage. The employers claims to give the balance but keeps skipping, so trying to see how can i force and get paid for those balance
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If there is an agreement that you receive more, then that figure is the prevailing wage and that is what they must pay.
     
  10. mar212011

    mar212011 Well Regarded Member

    Messages:
    1,050
    Likes Received:
    109
    Trophy Points:
    63
    There is no signed document about getting certain % of the total amount but i can get the agreements on how much rate gets paid from the client for hourly
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You should speak with an employment attorney.
     
  12. mar212011

    mar212011 Well Regarded Member

    Messages:
    1,050
    Likes Received:
    109
    Trophy Points:
    63
    Ok, does your office have one? also do you see any hope, Thanks again
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    We don't handle those types of matters. We recommend that employees consult labor law specialists in the local area.
     
  14. New Guy

    New Guy Senior Member

    Messages:
    217
    Likes Received:
    134
    Trophy Points:
    43
    I just heard from my friend that he was denied Life Insurance because he is on a visa (H1B).
    Has anyone else experienced it?
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    It makes sense. Life insurance underwriters take everything into consideration. If there is no clear likelihood that he will continue living in the U.S., that makes it difficult to rate him.
     
  16. New Guy

    New Guy Senior Member

    Messages:
    217
    Likes Received:
    134
    Trophy Points:
    43
    Ok, The reason I posted this in "Litigation" is that this could be one of the points to highlight - How we are affected by visa wastage.
     

Share This Page