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Employer cited for advertising wrong wage rate
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Posted on Oct 22 2004
The Department of Labor has issued a warning against an employer who had advertised a job position at a lower wage rate than an alien worker is actually paid for the job.
Hearing officer Jerry Cody said Elms Inc., doing business as Town and Country Café, should carefully scrutinize its job vacancy announcements to ensure correct wage rates are cited.
“Any future violation of this [rule] by this employer may lead to the imposition of monetary or other sanctions,” Cody said.
However, in consideration of the employer’s prompt action to correct the mistake, Cody instructed the Division of Labor to process immediately the application filed by Elms Inc. to renew the employment of an alien employee.
On June 14, 2004, the division issued a deficiency notice to the employer, stating that the employer’s JVA and advertisement for the renewal application had contained a salary amount that did not match the salary in the worker’s contract.
The JVA contained a salary amount of $3.05 to $3.50 per hour, while the salary stated in the contract was $3.55 per hour.
Within 10 days after receiving the deficiency notice, the employer submitted a revised JVA to the Division of Employment Services and Training. In July 2004, the employer advertised the offered position at the corrected wage rate of $3.05 to $3.50.
“The employer’s first mistake was in advertising the offered job at a rate 5 cents below the actual wage paid to the nonresident worker. Although this mistake was minor, Employment Services was correct in requiring the employer to correct the advertisement in accordance with the Nonresident Workers Act,” Cody said.
Elms Inc., however, acted in good faith to correct the problem.
For this reason, the employer should be warned but not sanctioned for the violation, Cody said. He also reversed the Labor division’s decision to deny the application.
