DEPARTMENT OF LABOR INCREASES ENFORCEMENT FOR LABOR CONDITION APPLICATIONS

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DEPARTMENT OF LABOR INCREASES ENFORCEMENT FOR LABOR CONDITION APPLICATIONS
The Department of Labor recently made available statistics on Labor Condition Application enforcement actions.  The number of enforcement actions has increased substantially this year, nearly doubling from last year.  Labor Condition Applications are those documents employers seeking to hire an H-1B worker file with the Labor Department attesting that they will pay a certain wage to the worker.  The following chart summarizes enforcement actions 
  
  April 2002 Fiscal Year 2002 to date October 1, 2000 – April 30, 2001 
Complaints received: 42 148 82 
Complaints resulting in investigation: 34 118 68 
Investigations which have become final: 17 74 29 
     Finding no violation: 1 14 6 
     Finding a violation: 16 60 23 
     ETA notified 1 5 1 
     Investigations with back wages 
      due 16 44 21 
     Back wages found due: 5,555 
to 67 ,721,486 
to 305 5,714 
to 38 
      CMPs assessed: ,600 ,500 ,500 
Investigations where ALJ hearing requested: 3 13 11 
Investigations where Administrative Review is requested: 0 5 1 
Files currently in litigation status: 20 

Files currently in investigative status: 237

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