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Staffing firm to pay $121,400, debarred from H-1B program

June 10, 2014

Access Therapies, an Indianapolis-based staffing firm, must pay $121,400 in penalties and was debarred from the H-1B temporary worker visa program for one year, the U.S. Department of Labor announced Monday.

The company misrepresented facts on its application when petitioning for and employing H-1B workers, according to the department. In addition, an investigation found employees were due back wages because they were not compensated with the required prevailing wages for productive work time or for pre-assignment and post-assignment time, according to the department.

Access Therapies must pay $81,454 in civil penalties and $39,946 in back wages to six physical therapists.

“The rules governing the employment of nonimmigrant workers in specialty occupations are specific and must be followed completely. Failing to do so denies qualified workers an opportunity for meaningful employment in the American economy," said Thomas Gauza, district director for the Wage and Hour Division in Chicago. "This case shows that the department will not hesitate to bring legal action against employers that continue to short their employees and violate the law.”