Labor Department regulations affecting the employment of H-1B aliens require an employer to explicitly document the actual wage for the position. The Labor Department suggests that an employer write a memorandum to the file summarizing the employer's pay system. The Labor Department does not require copies of payroll records in this file.
You should write a brief memo to the file stating how the H-1B alien's salary compares with similarly employed non-alien employees of your company, and the variables that determine differences, if any, between the H-1B alien's salary and similarly employed non-alien employees' salaries. If your H-1B alien is employed in a unique position in your company, a memo to the file stating this should suffice, as long as you explain why the alien's position is unique.
Your memo should include the following information for the H-1B worker and all similarly employed workers, if any:
You should write a brief memo to the file stating how the H-1B alien's salary compares with similarly employed non-alien employees of your company, and the variables that determine differences, if any, between the H-1B alien's salary and similarly employed non-alien employees' salaries. If your H-1B alien is employed in a unique position in your company, a memo to the file stating this should suffice, as long as you explain why the alien's position is unique.
Your memo should include the following information for the H-1B worker and all similarly employed workers, if any:
- Full name
- Home address
- Occupation
- Rate of pay
- Hours worked/daily and /weekly
- Total daily or weekly straight time earnings
- Total overtime compensation per week
- Total additions or deductions from pay each week
- Total wages paid each pay period, date of pay, and pay period covered
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