H-1B doctors sue for back wages

Date: Wednesday, October 30, 2002 10:30 AM

H-1B and JOB DESTRUCTION NEWSLETTER

www.ZaZona.com

This is an interesting case because 8 H-1B doctors filed a lawsuit against
their employer for not paying them the prevailing wage. We have seen many
similar cases where our government has helped H-1Bs. Our government has
shown little interest in helping American citizens that have been victimized
by employers that replace them with H-1Bs.

The penalties that were imposed on the employers were a slap on the wrist
but at least the H-1Bs got some of their salary reimbursed. I doubt if this
court case will discourage other employers from flaunting the H-1B laws
because the penalties are so slight.

The charges were:

* Willful Failure to Pay Required Wages and Business Expenses

* Discrimination for Engaging in Protected Activity

* Failure to Maintain Public Access Files

Total Penalties Assessed
Dr. Ahmed $ 4,800
Dr. Casis $ 800
Back wages $ 108,800

http://www.ilw.com/lawyers/immigdaily/dol_news/2002,1022-kutty.pdf

On February 28, 2001, Robert Divine, an attorney representing eight doctors,
filed a
complaint with the Employment Standards Administration of the Wage and Hour
Division of the
Department of Labor, alleging that Dr. Mohan Kutty, personally and through
closely related legal
entities he controlled, violated the law and regulations relating to LCAs
filed in connection with
employment of H-1B nonimmigrant aliens as physicians in Tennessee. He
alleged that Dr. Kutty
paid the doctors one third to one half the wages listed on the LCAs;
presented them with
impermissible employment agreements, including penalties for ceasing
employment and noncompetition
clauses; delayed the start of payment of their wages; required them to
perform
additional duties; sought to prevent them from complaining through threats;
retaliated against
those who complained by further reducing their pay; and failed to allow
public inspection of
documents when requested as required by law. GX 28. By letter filed on March
22, 2001, the
complaint was amended to add two additional doctors.

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