A new Department of Labor memo warns of legal trouble for companies that fail to notify employees of H-1B visa holders at a worksite.
H-1B rules require sponsoring employers to provide employees with notice that it will employ H-1B workers. The notice needs to include information about wages and occupations, the location of the Labor Condition Application employers must file with DOL for inspection and how to lodge H-1B-related complaints with DOL.
The regulation, among other things, provides that electronic notice must be “readily available” and that employees at the worksite have “direct access” to the notice. The new memo clarifies that these regulatory mandates mean that affected workers – professionals in the same occupation and location as the H-1B worker – must bewhere the notice is posted.
DOL’s position appears to be that because affected workers employed by the customer and working alongside H-1B workers at the customer site may not know that H-1B workers are present at the site or who employs them, H-1B employers must take the additional steps of 1) informing affected workers that they may review the H-1B employer’s website to read the regulatory notices, and 2) ensuring it is apparent to affected workers which website notices apply to their worksite.
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