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Akumaar1213

How can I retrieve wages from my H1B employer who is not paying wages from concurrent client projects ?

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I am on H1B with employer with petition approved to work from Home office, my employer encouraged me to do contract work for 2 distinct clients and vendors "C1" /"V1" (since 2021) and "C2"/"V2"(since 2022) with 40hrs each.
My circumstance is as follows:
1. C1 /V1 and C2/V2 does not know I am working concurrently and no conflicts with work efficiency.
2. Employer paying reg. salary for 168hrs billing from client C1 only and banking on billing from client C2.
3. Employer promised verbally to pay earnings from C2 as additional earnings as paycheck(Tax deduced) On request basis.
4. Lately employer is not releasing any additional earnings except reg.salary despite many request from me.
5. Employer recently filed for H1B extension and got approval for WFH office with LCA and documentation from "C1"/"V1". However employer raised certified LCA for both C1 and C2 choosing LCA for C1 to file H1b Extn.


Do I have legal right for my earnings from "C2" ? On what legal grounds can I claim my wages? Kindly advice.

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These are client projects.  Check with your clients if they have paid your employer, so that the employer can pay you.  If client has already paid your employer, then client can put pressure on your employer to pay you.  Good Luck.

Edited by Zodiac System

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23 hours ago, Zodiac System said:

These are client projects.  Check with your clients if they have paid your employer, so that the employer can pay you.  If client has already paid your employer, then client can put pressure on your employer to pay you.  Good Luck.

The employee has to be paid for work done. It is completely irrelevant if the client has paid the employer. That's between the client and the employer. The employer ALWAYS has to pay the employee. Period.

If the employee is paid hourly and worked more than 40 hours/week the employee is also entitled to overtime pay.

The OP needs to file a complaint with DOL on form WH4, and should find a better employer.

Edited by JoeF

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On 6/8/2022 at 8:57 AM, JoeF said:

The OP needs to file a complaint with DOL on form WH4, and should find a better employer.

Human relations and building bridges are important too. 

Complaining to DOL on form WH4 is an extreme step which should be taken only when other humane methods to resolve the situation have been tried and failed.

Edited by Zodiac System

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On 6/9/2022 at 9:25 AM, Zodiac System said:

Human relations and building bridges are important too. 

Complaining to DOL on form WH4 is an extreme step which should be taken only when other humane methods to resolve the situation have been tried and failed.

The employer is burning the bridges already. And getting the salary owed is the person's right.

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On 6/9/2022 at 9:25 AM, Zodiac System said:

Human relations and building bridges are important too. 

Complaining to DOL on form WH4 is an extreme step which should be taken only when other humane methods to resolve the situation have been tried and failed.

It is always a 2-way street. If the employer treats the employee with respect it is absolutely important for the employee to treat the employer with respect.

Here, however, the employer tries to screw the employee over. That is not acceptable, under absolutely no circumstances. The employee has remedies available, including filing a WH4. The employer needs to treat the employee right. If he doesn't, a WH4 is the appropriate answer.

A person who is paid hourly has to get paid for ALL hours worked, and overtime pay for hours worked over 40 hours/week (at least in CA, overtime pay kicks in after 8 hours/day.) This doesn't apply to an exempt employee who is paid a fixed monthly/yearly salary.

In addition, a person on H1 who is paid hourly has to be paid for 40 hours/week even if the person works less than that.

To give an analogy from current affairs: Russia invades Ukraine. Ukraine has every right to defend itself and not just surrender to Russia to keep "good relations" with them.

Or, as US President Theodore Roosevelt said: "Speak softly and carry a big stick." In this case, basically saying, "pay me, or I will file a WH4. I know the laws." These kind of employers think they can get away with breaking the laws because they think the employees don't know the laws of this country.

Edited by JoeF

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JoeF, you are right from your point of view, however your analogy

"To give an analogy from current affairs: Russia invades Ukraine. Ukraine has every right to defend itself and not just surrender to Russia to keep "good relations" with them".

This analogy does not apply here,  as I did ask Akumaar1213 to contact client first.  No employer wants any of his clients to know how he is treating his employees. 

Edited by Zodiac System

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