Recent legislation from the U.S. Court of Appeals for the Ninth Circuit has emphasized employer’s duty to adhere to attestations made under the Labor Condition Application (LCA) to pay its foreign national employees during their authorized employment period. This comes as part of the case Persian Broadcast Service Global, Inc. v. Walsh.
The genesis of the case was an administrative complaint lodged by a former employee with the Department of Labor’s (DOL) Wage and Hour Division in February 2015. Details of the case are available here .
The implication of this ruling for corporations, especially those with a significant number of foreign national employees, is profound. Adherence to LCA’s requirements is essential, as any failure to do so might result in serious legal consequences.
The ruling reiterates that employers cannot invoke ‘benign neglect’ or ignorance as a defense against breach of obligations under the LCA. They must ensure the consistent enactment of policies and procedures that guarantee compliance with their attestations.
For legal professionals representing these corporations, it’s essential to understand LCA’s obligations and ensure they’re effectively communicated to their clients. Compliance should be factored into their corporate strategies and operations to shield them from potential legal pitfalls.
Overall, the Ninth Circuit ruling is a salient reminder of the importance of adhering to LCA stipulations, emphasizing an employer’s duty to pay foreign national employees during their authorized employment period.