Thursday, February 9th, 2017

H-1B Employer Held Personally Liable for Back Wages, Penalties: Matter of XCEL Solutions


"I find it clear the XCEL served as the alter-ego of Mr. and Ms. Goel.  Respondents observed no corporate formalities, received from XCEL hundreds of thousands of dollars in loans and rents but could produce no documentation memorializing these transactions, and intermingled corporate and personal assets.  As a result, Respondents compromised XCEL’s ability to comply with the H-1B wage laws.  Thus, justice and fundamental fairness require that Mr. and Ms. Goel be held personally liable for back wages and civil money penalties assessed by the Administrator. ...  For the foregoing reasons, I find that Respondents violated the H-1B wage laws. It is hereby ORDERED: 1) Respondents must pay $ 253,888.92 in back wages to the following former H-1B employees: Christopher Anabo ($19,724.85), Gabriela Andre ($14,354.56), Maria Bautista ($23,525.05), Remar Cuyugan ($6,351.84), Olalekan Fabode ($7,891.68), Valeria Fuentes ($14,757.12), Orlando Geronimo ($7,014.16),