C.F.R. » Title 20 » CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR › PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES › Subpart I—Enforcement of H-1B Labor Condition Applications and H-1B1 and E-3 Labor Attestations

20 C.F.R. § 655.806

Who may file a complaint and how is it processed?

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Any aggrieved party, as defined in § 655.715, may file a complaint alleging a violation described in § 655.805(a). The procedures for filing a complaint by an aggrieved party and its processing by the Administrator are set forth in this section. The procedures for filing and processing information alleging violations from persons or organizations that are not aggrieved parties are set forth in § 655.807. With regard to complaints filed by any aggrieved person or organization—

(1) No particular form of complaint is required, except that the complaint shall be written or, if oral, shall be reduced to writing by the Wage and Hour Division official who receives the complaint.

(2) The complaint shall set forth sufficient facts for the Administrator to determine whether there is reasonable cause to believe that a violation as described in § 655.805 has been committed, and therefore that an investigation is warranted. This determination shall be made within 10 days of the date that the complaint is received by a Wage and Hour Division official. If the Administrator determines that the complaint fails to present reasonable cause for an investigation, the Administrator shall so notify the complainant, who may submit a new complaint, with such additional information as may be necessary. No hearing or appeal pursuant to this subpart shall be available where the Administrator determines that an investigation on a complaint is not warranted.

(3) If the Administrator determines that an investigation on a complaint is warranted, the complaint shall be accepted for filing; an investigation shall be conducted and a determination issued within 30 calendar days of the date of filing. The time for the investigation may be increased with the consent of the employer and the complainant, or if, for reasons outside of the control of the Administrator, the Administrator needs additional time to obtain information needed from the employer or other sources to determine whether a violation has occurred. No hearing or appeal pursuant to this subpart shall be available regarding the Administrator's determination that an investigation on a complaint is warranted.

(4) In the event that the Administrator seeks a prevailing wage determination from ETA pursuant to § 655.731(d), or advice as to prevailing working conditions from ETA pursuant to § 655.732(c)(2), the 30-day investigation period shall be suspended from the date of the Administrator's request to the date of the Administrator's receipt of the wage determination (or, in the event that the employer challenges the wage determination through the Employment Service complaint system, to the date of the completion of such complaint process).

(5) A complaint must be filed not later than 12 months after the latest date on which the alleged violation(s) were committed, which would be the date on which the employer allegedly failed to perform an action or fulfill a condition specified in the LCA, or the date on which the employer, through its action or inaction, allegedly demonstrated a misrepresentation of a material fact in the LCA. This jurisdictional bar does not affect the scope of the remedies which may be assessed by the Administrator. Where, for example, a complaint is timely filed, back wages may be assessed for a period prior to one year before the filing of a complaint.

(6) A complaint may be submitted to any local Wage and Hour Division office. The addresses of such offices are found in local telephone directories, and on the Department's informational site on the Internet at http://www.dol.gov/dol/esa/public/contacts/whd/america2.htm. The office or person receiving such a complaint shall refer it to the office of the Wage and Hour Division administering the area in which the reported violation is alleged to have occurred.

(b) When an investigation has been conducted, the Administrator shall, pursuant to § 655.815, issue a written determination as described in § 655.805(a).

[65 FR 80234, Dec. 20, 2000]
Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 2007–2024 · leading case: Aleutian Capital Partners v. Pizzella, 975 F.3d 220 (2d Cir. 2020).
Sort: Relevance Newest Treatment
Aleutian Capital Partners v. Pizzella, 975 F.3d 220 (2d Cir. 2020). · cites it 4× “§ 1182 (n)(2)(A); 20 C.F.R. § 655.806 (a). Complaints must be filed within one year of the employer’s latest offending act, but DOL has authority to assess remedies for violations occurring “prior to one year before the filing of a complaint.”
Cyberworld Enter. Tech., Inc. v. Napolitano, 602 F.3d 189 (3rd Cir. 2010). · cites it 4× “20 C.F.R. § 655.806 (a)(3) (emphases added).”
Gupta v. Perez, 101 F. Supp. 3d 437 (D.N.J. 2015). · cites it 10× “On November 3, 2010, the ALJ issued an order directing the Administrator to show cause why, given the Administrator’s initial decision to conduct an investigation based on Gupta’s complaint, the Administrator was not required to issue a post-investigation determination letter…”
Gupta v. Sec'y United States Dep't of Labor, 649 F. App'x 119 (3rd Cir. 2016). · cites it 3× “An aggrieved party includes, inter alia, a “worker” or “competitor” whose “operations or interests are adversely affected by the employer’s alleged non-compliance with the [LCA].”
Watson v. United States, 240 F. App'x 410 (Fed. Cir. 2007). “20 C.F.R. § 655.806 (a)(2). If the Administrator finds an investigation unwarranted, the Act does not grant either a hearing or an appeal.”
Greater Missouri Med. Pro-Care Providers, Inc. v. Perez, 812 F.3d 1132 (8th Cir. 2015). “See also 20 C.F.R. § 655.806 (a)(2) (“The [aggrieved-party] complaint shall set forth sufficient facts for the [Secretary] to determine whether there is reasonable cause to believe that a violation as described in § 655.”
Watson v. United States, 86 Fed. Cl. 399 (Fed. Cl. 2009). “' ” Watson, 2007 WL 5171595 at *6 (citing 20 C.F.R. § 655.806 (a)(2)).”
In Re: Mark J. Watson, 910 F. Supp. 2d 142 (D.D.C. 2012). “” (citations omitted)); 20 C.F.R. § 655.806 (a)(1) (providing that under § 1182(n)(2), “[n]o hearing or appeal .”
Ndiaye v. Cvs Pharmacy 6081, 547 F. Supp. 2d 807 (S.D. Ohio 2008). “” See also 20 C.F.R. § 655.806 (a)(5). Although Plaintiff argues that she is entitled to equitable tolling, there are no facts in her complaint to support such relief.”
Persian Broadcast Serv. Global Inc. v. Eugene Scalia (C.D. Cal. 2022). · cites it 4× “” 20 C.F.R. §§ 655.806 (a)(5). After the Wage and Hour Division investigates the complaint, it issues a determination and any remedies, including the payment of any back wages due.”
Persian Broadcast Serv. Glob v. Martin Walsh, 75 F.4th 1108 (9th Cir. 2023). “]” 20 C.F.R. § 655.806 (a)(5). The violation “remains actionable for the duration of the employment relationship as stipulated in the LCA.”
Broadgate, Inc. v. Sec'y, Dep't of Labor (E.D. Mich. 2022). “See 20 C.F.R. § 655.806 ; Secretary’s Order No.”
Show all 14 citing cases →
— 20 C.F.R. § 655.806(a)(5) — 1 case
Persian Broadcast Serv. Global Inc. v. Eugene Scalia (C.D. Cal. 2022). “” 20 C.F.R. §§ 655.806 (a)(5). After the Wage and Hour Division investigates the complaint, it issues a determination and any remedies, including the payment of any back wages due.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.