It's not uncommon for employers to employ workers on various
non-immigrant visas. Recently, a high profile case finally
settled but it cost the former McDonald's franchisee a hefty
sum as well as a lot of bad publicity. After years, the
DOL's Wage and Hour Division reached a settlement with the
former McDonald's franchisee for back pay, damages as well as a
civil penalty for violating the FLSA's minimum wage and
overtime provisions when it underpaid foreign student
workers. The settlement is nearly $211,000.
The student workers were working in the US under the J-1 visa
program. The Exchange Visitor (J) non-immigrant visa category
is for individuals approved to participate in work-and study-based
exchange visitor programs. Visas under the J-1 program are
available to post-secondary students enrolled full time and
pursuing studies at post-secondary accredited academic institutions
who come to the U.S. to work and travel during their summer
vacation. Many
