Labor & Employment Law: Unfair Immigration Related Employment Practices
The Chander Law Firm represents clients in employment cases arising immigration and nationality issues. These cases include prevailing wage violations, discrimination on the basis of immigration status, unfair documentary practices, and retaliation. Whether you are an H-1B holder who was not paid the prevailing wage or a United States citizen who was denied a work on the basis of perceived immigration status, The Chander Law Firm is one few law firms that will fight these unlawful acts on your behalf.
False Attestations and Prevailing Wage Violations
The Immigration and Nationality Act (INA) allows U.S. employers to hire foreign workers on a temporary or permanent basis to perform certain types of work. The Department of Labor requires that employers attest that they will pay foreign worker wages that meet or exceed the prevailing wage for that occupation in the area of intended employment.
All to often employers violate these provisions to the detriment of both the foreign worker employed and to the competitiveness of United States workers. Employers may willfully misrepresent the requirements of a position in order to obtain a lower prevailing wage. Employers often fail to pay employees the required prevailing wage.
The Chander Law Firm can help aggrieved employees file complaints with the Department of Labor regarding violations. The firm will also help employers respond to investigations by the Department of Labor regarding practices.
Immigration Related Unfair Employment Practices
INA § 274B prohibits discrimination in hiring, firing, or recruitment or referral for a fee that is based on an individual's national origin or citizenship status. The statute also prohibits unfair documentary practices during the employment eligibility verification (Form I-9) process (document abuse), and retaliation or intimidation.
Injured parties file discrimination charges with the Department of Justice Office of Special Counsel (OSC) within within 180 days of the alleged act of discrimination. The OSC may investigate the matter for 120. If no action is taken after 120 days, the OSC notifies the person filing the charge of the right to file a private action within 90 days. In addition to damages, complaining parties may also be entitled to an award of attorney's fees.
Questions - Contact The Chander Law Firm Today
Contact The Chander Law Firm if you have questions regarding Immigration Related Unfair Employment Practices.