Is it legal for your employer to pay you differently?

Effective January 1, 2017, Governor Brown signed a bill that added race and ethnicity as protected categories. California law now prohibits an employer from paying its employees less than employees of the opposite sex, or of another race, or of another ethnicity for substantially similar work.

What is LCA prevailing wage?

The prevailing wage rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment. The prevailing wage is based on the employer’s minimum requirements for the position. …

Does H-1B wage include bonus?

Under immigration law, the required wage must be paid to the H1B worker free and clear. Bonuses that are not guaranteed to the worker cannot be used to satisfy the wage requirements. The employer may not factor in the value of benefits offered to the worker, such as health insurance, to meet the wage requirements.

Is it mandatory to run payroll on H-1B?

Under the federal guidelines that dictate H1B employment, employers are obligated to pay H1B employees even during periods of workplace shutdown.

How is wage level in LCA calculated?

You can find your current H1B Wage Level by looking at your H1B Labor Condition Application(LCA). It has all the information related to your H1B position. You can ask your employer to share the copy of LCA. In fact, they are supposed to share you a copy of your LCA.

What is wage Level 3 in LCA?

50th percentile
H-1B Wage Level 3 makes up the 50th percentile. This H-1B wage level is given to experienced employees who have a deeper understanding of the job only attainable through years of experience. This wage level may include management work.

How can I get my LCA from my employer?

As per worker rights, as a foreign worker going through the LCA process, you are entitled to receive your LCA from your employer, if they are planning for your H1B petition filing. You can request for it, if you did not get it.

What if my employer not paying as per H1B LCA prevailing wage?

What if my Employer not paying as per H1B LCA Prevailing Wage? Your employer is mandated to pay as per the wages and salary listed on the LCA. If they are not paying so, you can raise a complaint with Department of Labor by filling out WH4 Form. First thing to do is to raise it with employer and ask them to pay back wages or pay as per LCA.

Why is my LCA taking so long to process?

The short processing time of LCA is due to their new FLAG system for online submission of LCAs. See below screenshot from their official website. If your employer has never done LCA filing before, the DOL’s LCA filing system may not recognize their Federal Employer Identification Number (FEIN).

Where can I Find my LCA number?

You can check out employers posting the LCA related data on their websites for disclosure. For instance, check out Accenture LCAs Information. Also, by right as a foreign worker going through the LCA process, you are entitled to receive your LCA from your employer, if they are planning for your H1B petition filing.