When employing foreign workers in the U.S., it’s important to understand the obligations and guidelines, especially regarding wages. One such category of workers is those on H-1B visas, and employers often find themselves asking: What exactly are our wage obligations for full-time H-1B workers?
Role of the Labor Condition Application (LCA)
Firstly, the wage obligations start with the Labor Condition Application (LCA), which should certify the H-1B worker for “full-time employment”. Under this status, the employer is required to pay the worker’s hourly wage for a full-time week, barring any periods of non-productive status due to conditions unrelated to the employment or incapability of the worker.
Defining a Full-Time Week
Typically, a full-time week is considered to be 40 hours. However, if the employer can demonstrate that less than 40 hours is the norm for full-time employment within their regular course of business, this definition can be adjusted. It is essential to note, though, that anything less than 35 hours per week would never be considered full-time employment.
Influence of Industry Standards
Full-time employment is also influenced by industry standards and the employer’s business practices. These standards, guided by the specific days and hours during which the business operates, can affect the definition of full-time employment. As an employer, it’s important to stay informed about these industry standards to ensure compliance.
Compliance with the Fair Labor Standards Act
In all cases, the H-1B nonimmigrant worker must be paid the required wage for all hours performing work as per the Fair Labor Standards Act, 29 U.S.C. 201 et seq. This law sets standards for minimum wage, overtime pay, recordkeeping, and youth employment standards for employees in the private sector and in Federal, State, and local governments.
Conclusion
As an employer, understanding your wage obligations for full-time H-1B workers is crucial to maintaining lawful operations and fostering a healthy work environment. By following the guidelines as laid out in the Labor Condition Application (LCA) and staying informed about industry standards, you can ensure that you’re meeting your responsibilities effectively.
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