During a public hearing for Cruz’s Bill 379, which seeks to impose stiffer penalties on employers violating DOL rules for nonimmigrant alien workers, LaborDirector Leah Beth Naholowaa said there were some inconsistencies with the measure’s language.
Some of the changes she recommended giving DOL flexibility in setting penalty amounts.
“We find this flexibility to be important as some situations are less severe than other and may require smaller fines in order to achieve employer compliance,” said Naholowaa. “Sometimes employers just need a ‘slap on the hand’ to wake them up to their responsibilities under the regulations.”
She also recommended to remove language that would penalize the workers themselves, which she said could be problematic. Instead, she suggested that fines should be collected only from the employers.
Under the bill, an employer found in violation of the rules established by DOL will be fined a minimum of $1,500. It also imposes a $500 penalty on temporary workers found in violation of the rules.
Employers who persistently violate the law will be sentenced to six months in prison or will pay a $25,000 fine, or both.
