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Labor & Employment
NEW! 6/11/2008 10:44:50 AM EST
James E. Pfander on Payment of Back Wages to Alien Physicians Hired Under H-1B Visa Program, 32 Op. O.L.C. 1, 2008 OLC LEXIS 1 (OLC 2008) (Feb. 11, 2008)

The H-1B visa program requires employers to pay at least the prevailing wage level in the community in which employees work. The Department of Veterans Affairs (VA) hired eleven alien physicians to staff VA hospitals but refused to pay the prevailing wage. Thereafter, the physicians obtained a backpay award from the Department of Labor (DOL), and the VA sought advice from the Office of Legal Counsel (OLC) as to whether it was
By Professor James E. Pfander

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A bartender works in a restaurant located in a high crime area. He's struck in the back by a stray bullet that was fired from a gang shooting outside the restaurant. Is his injury compensable?

Yes, increased risk existed at restaurant
No, risk was the same as for general public
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