Department of Labor (DOL) shared concerns about H1B employer abuse in Indiana.
Concerns were similar to "benching" claims against an H1b dependent employer from out of state. If an employment contract included provisions containing liquidated damages for breach of contract and that the H1B wages were conditional upon availability of a suitable job.
The federal regulations require as a condition of hiring that the H1B employees be paid H1B wages from the time they present themselves for work. Employer practices of "benching" are contrary to federal regulation but were covered by the contract provisions. Affected foreign nationals may have a lawful claim for back wages against their sponsoring employers if "benched."
Benched foreign nationals usually resign from the H1 position and relocate to another job. The employers promptly obtain a state court judgment against the foreign national, often exparte, for breach of contract.
Indiana breach of employment contract claim against a failure to pay required h1b wage a federal law violation is intertwined in one action. The state courts can not decide on federal law. Foreign nationals desiring to fix this issue may contest his case in a proper forum, i.e., the Federal Court.
The affected individuals may choose to work with DOL and exchange information which may also be obtained at the U.S. Consulate, where they apply for an H1 visa.
Unfortunately, abusive employment practices are not uncommon, but the Department of Labor must be contacted to help with these employment practices.
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