H2B Workers Not Entitled To Reimbursement: 5th Circ.

Law360, New York (February 12, 2009, 12:00 AM EST) -- A federal appeals court has ruled that the Fair Labor Standards Act does not require employers to reimburse guest workers on H-2B visas for recruitment, visa and travel expenses they incur before relocating to the U.S.

The U.S. Court of Appeals for the Fifth Circuit, in the first time it has considered the issue, relied on recent guidance from the U.S. Department of Labor to find that such expenses are not considered "kickbacks" to the employer under the FLSA, and are therefore not a required reimbursement....
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