Sunday, June 17th, 2018

If H-1B Worker Intentionally Shirks Duties, No Wages Due: DOL v. North Shore School of the Arts

"If the H-1B worker is non-productive during work hours, if this non-productivity is due to the fault of the employer, employers must still pay the H-1B worker for the non-productive hours.  20 C.F.R. § 655.731(c)(7)(i).  However, if the H-1B worker is voluntarily non-productive, employers do not have to pay wages to the H-1B worker for the nonproductive hours.  20 C.F.R. § 655.731(c)(7)(ii). … I find that NSSA is not responsible for payment of non-productive time.  NSSA is responsible [only] for payment of time Ms. Imai actually worked from November 2, 2010 through March 28, 2011." – DOL v. North Shore School of the Arts, Jan. 18, 2013.