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Posts Tagged ‘LCA Regulations’

Unpaid Leave in H-1B Classification

Tuesday, March 30th, 2010

In this economy, we’ve received countless phone calls asking about this issue.  Putting an employee on leave (or “benching”) because you have no assignment for them does not relieve the employer from continuing to pay salary.  Doing so will expose you and your company to some very heavy-handed judgments, such as being assessed to pay back wages, benefits, and penalties on top of this.

As contract work becomes harder in this economy, particularly for those that work in the IT sector for an IT consultant or staffing agency, employers must protect themselves, even if it means that sometimes you must let a valuable employee go.

Per H-1B reguations, employers are required to pay full salary to the employee even during non-productive time.

If you have questions concerning this issue or require the expert services of our firm, please contact us today.

Leslie Davis, Managing Director

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