An H-1B IT body shop in Georgia was ordered to pay $741,288 in back wages to 73 employees who were unlawfully benched or required to pay visa and application processing fees.
If you are an H-1B worker who has been underpaid or otherwise mistreated by an H-1B employer, you may be able bring your claims not only on your own behalf, but also on behalf of a class of similarly situated individuals. The attorney-authors of this blog, along with our attorney colleagues at the excellent class-action law firm Kotchen & Low, have litigated proposed class-action cases (as well as single-worker actions), in a variety of legal forums. When H-1B workers' situations do in fact support class-action treatment of their claims, their lawsuit can be very strong.
Has your H-1B employer promised you a wage that is based on a percentage of project work? If so, read on, as this article discusses some common issues and important considerations for H-1B workers offered percentage-based pay. This includes the importance of having documentation of what the employer promised.
If you're an H-1B worker who has been benched or otherwise underpaid wages, and you're interested in trying to address your problems, you should consider acting promptly. Promptly educate yourself about the legal options you have, and promptly take action. If you take the right actions at the wrong time (i.e. after too much delay), they can become the wrong actions.