Administrator, Wage and Hour Division v. ME Global, Inc. (agency decision, March 22, 2019)

Plain-English summary

The Wage and Hour Administrator brought an H-1B wage case against ME Global involving employee Petar Peric. The ALJ granted summary decision to the Administrator and denied the company's competing motion. The Board held that the complaint was timely and the Administrator was not barred from acting on it. Based on ME Global's admission, the company could not establish a bona fide termination of Peric's employment. Its required-wage obligation therefore continued until Peric departed, and the Board adopted the ALJ's ruling.

Decision snapshot

• Cited authorities: 8 U.S.C. §§ 1101(a)(15)(H)(i)(b) and 1182(n); 20 C.F.R. § 655.845; 29 C.F.R. § 18.72(a)
• Outcome: Summary decision for the Wage and Hour Administrator adopted.
• Key point: Without a bona fide termination, the H-1B employer's wage obligation continued until the worker's departure.

Full text (DOL official public release)

U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

  In the Matter of

  ADMINISTRATOR, WAGE AND HOUR                          ARB CASE NO. 2016-0087
  DIVISION,
                                                        ALJ CASE NO. 2013-LCA-00039
                  PROSECUTING PARTY,
                                                        DATE: March 22, 2019
         v.

  ME GLOBAL, INC.,

                  RESPONDENT.


  Appearances:

  For the Respondent:
        Richard W. Pins, Esq.; Stinson Leonard Street LLP; Minneapolis,
        Minnesota

  For the Administrator, Wage and Hour Division:
        M. Patricia Smith, Esq.; Jennifer S. Brand, Esq.; William C. Lesser,
        Esq.; Paul L. Frieden, Esq.; Sara A. Conrath, Esq.; U.S. Department of
        Labor, Office of the Solicitor; Washington, District of Columbia

  BEFORE: William T. Barto, Chief Administrative Appeals Judge; James A.
  Haynes and Daniel T. Gresh, Administrative Appeals Judges


                          FINAL DECISION AND ORDER

        This case arises under the H-1B visa program provisions of the Immigration
  and Nationality Act, as amended (INA), 8 U.S.C. § 1101(a)(15)(H)(i)(b) (2014) and 8
  U.S.C. § 1182(n) (2013), and implementing regulations at 20 C.F.R. Part 655,
  subparts H, I (2016). The Respondent ME Global, Inc. (ME Global) urges the
  Administrative Review Board (Board) to reverse the Decision and Order Granting




  Administrator’s Motion For Summary Decision and Denying Respondent’s Motion
  For Summary Decision (July 29, 2016) of the Administrative Law Judge (ALJ). The
  ALJ granted summary decision under 29 C.F.R. § 18.72(a) (2015) in favor of the
  Administrator, Wage and Hour Division. ME Global appealed to the Board. The
  Administrator responds in support of the ALJ’s decision.


                       JURISDICTION AND STANDARD OF REVIEW

         The Board has jurisdiction to review the ALJ’s Decision and Order. 8 U.S.C.
  § 1182(n)(2); 20 C.F.R. § 655.845; see Secretary’s Order No. 02-2012 ,77 Fed. Reg.
  69,378 (Nov. 16, 2012). The Board reviews an ALJ’s grant of summary decision de
  novo, applying the same standard applicable to the ALJ for granting summary
  decision under 29 C.F.R. § 18.72. See Fed. R. Civ. P. Rule 56. To be entitled to
  summary decision, the Administrator must show “there is no genuine dispute as to
  any material fact and [the Administrator] is entitled to decision as a matter of law.”
  29 C.F.R. § 18.72(a)(emphasis added).


                                      DISCUSSION

         Upon review of the ALJ’s grant of summary decision, we conclude that it is a
  reasoned ruling based on the undisputed facts and the applicable law. The ALJ
  properly concluded that the complaint was timely filed and that the Administrator
  was not barred from acting upon it. The ALJ also properly determined that in light
  of ME Global’s admission, it could not establish a bona fide termination of its
  employment relationship with Petar Peric, and its wage obligation continued until
  Peric’s departure. The ALJ properly concluded that the Administrator has
  established that there is no issue as to any material fact and is entitled to summary
  decision as a matter of law.

        Accordingly, we adopt and attach the ALJ’s Decision and Order Granting
  Administrator’s Motion for Summary Decision and Denying Respondent’s Motion
  for Summary Decision.

         SO ORDERED.