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What If My Employer Is Not Paying Me the
Prevailing Wage? |
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What If My Employer Is Not Paying Me the
Prevailing Wage? |
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William, I will file the PERM Prevailing Wage application soon. What if my employer is not paying me the prevailing wage? What are the consequences of not paying me the prevailing wage? Answer, To apply for an U.S. Green Card, the first step for those who wish to go through employment immigration is usually having their employer obtain a PERM Labor Certification on their behalf. Part of this process involves determining the PERM Prevailing Wage that you should be paid. If you believe that your employer has not been paying you the correct prevailing wage, you may file a complaint to the U.S. Department Of Labor (DOL), However, it is best to be certain that if there truly is an error before filing a complaint. You can do this by contacting the DOL’s Work and Hour Office (https://www.dol.gov/agencies/whd/contact), which will guide you through the process. The complaint is free of charge and it is also confidential. After receiving your complaint, an investigation will be carried out, and you will be informed on the findings and decision after the investigation. An U.S. employer who violates prevailing wage laws may be subject to fines and possibly imprisonment. Generally, a Department of Labor may assess administrative penalties and/or interest. In addition, penalties include the difference between the wages paid to a worker and the appropriate prevailing wage. In many places, a worker paid less than the prevailing wage may bring a civil claim against the employer, and if successful, collect wages, costs and fees. |
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