WHD News Release: [08/02/2010]
Contact Name: Deanne Amaden
Phone Number: (415) 625-2630
Release Number: 10-1071-SAN
US Department of Labor debars Southland Filipino newspaper from foreign
Asian Journal agrees to pay nearly $516,500 to 32 employees plus a $40,000 penalty
LOS ANGELES — The U.S. Department of Labor announced today that it has debarred Asian Journal
Publications from using the H-1B visa program to hire temporary workers.
An investigation conducted by the department's Wage and Hour Division, determined that the employer
did not properly pay the workers and misrepresented facts on the Labor Condition Application filed with
the department's Employment Training Administration requesting approval to hire the workers. The
debarment will remain in effect until July 30, 2012.
"Misrepresenting the facts of the employment situation harms the workers who are hired for their
professional expertise, and hurts domestic job seekers who may have otherwise been eligible for the
positions," said Secretary of Labor Hilda L. Solis. "We cannot allow employers to take advantage of
temporary workers who might be reluctant to come forward in such situations, nor will we allow
unscrupulous employers to gain an unfair advantage over competitors who play by the rules."
The LCA submitted by Asian Journal stated that workers were sought for positions as accountants,
reporters, news writers, journalists, business analysts, public relations specialists and financial analysts.
However, the investigation revealed that most were working in sales as account executives. In addition to
misrepresenting the facts on the application, the employer failed to properly pay the required wage rate
and to maintain documentation required under the H-1B visa program. The department also contends the
employer required the workers to pay visa processing fees. Asian Journal has agreed to pay the 22
workers hired using the H-1B program, a total of $473,218 in back wages as a result of the investigation,
as well as a $40,000