Back pay
A common remedy for wage violations is that the employer is ordered to pay back the difference between what the employee was paid and what they should have been paid.
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How can an H1-B employee recover unpaid wages?
There are 4 ways in which to recover unpaid wages:
1.The DOL Wage and Hour Division may supervise payment.
2.The Secretary of Labor can bring suit for paying back wages and an equal amount as liquidated damages.
3.The H1-B employee may file suit privately for pay back, an equal amount of liquidated damages and attorney and court costs.
4.The Secretary of Labor may obtain an order to restrain any employer from violating the Fair Labor Standards Act (FLSA).
Can an employee file suit in addition to suits being filed on his behalf?
An employee can’t file suit if the Wage and Hour Division or The Secretary of Labor already filed suit to get his wages back.
Is there a time frame in which the suit must be filed?
A suit must be filed within two years from when the employer violated the H1-B worker’s wages. In the case of willful violator, a suit must be filed within three years from when the violation occurred.
What other laws should I look at?
You can also look at these laws regarding underpayments to employees Davis-Bacon and Related Acts and the Service Contract Act.