17-3810 Aleutian Capital Partners v. Pizzella In the United States Court of Appeals For the Second Circuit ______________ August Term, 2018 (Argued: February 6, 2019 Decided: September 22, 2020) No. 17-3810 ______________ ALEUTIAN CAPITAL PARTNERS, LLC, Plaintiff-Appellant, –v.– EUGENE SCALIA, sued in his official capacity, SECRETARY, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION, UNITED STATES DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, ADMINISTRATOR, UNITED STATES DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR, * Defendants-Appellees. ______________ B e f o r e: POOLER, LOHIER, and CARNEY, Circuit Judges. ______________ Aleutian Capital Partners, LLC (“Aleutian”) appeals from the September 29, 2017 judgment of the United States District Court for the Southern District of New York (Ramos, J.), affirming a decision by the Administrative Review Board (“ARB”) of the * The Clerk of Court is directed to amend the caption to conform to the above. United States Department of Labor (“DOL”) concluding that Aleutian violated certain statutory and regulatory requirements governing the H-1B temporary foreign worker program (the “H-1B Program” or the “Program”), and ordering Aleutian to pay back wages to two Program workers. Aleutian challenges this order, arguing that it actually paid one of the workers the amount that he was owed during the term of his employment and that any underpayment in the first year fell outside the applicable statute of limitations. As to the second employee, Aleutian argues that DOL was not authorized to investigate the terms of her employment in the first place because she did not herself file a complaint with DOL, and the only complaint that was filed did not allege any H-1B Program violations specifically as to her employment. We reject both challenges. AFFIRMED. ______________ CHRISTOPHER C. HEISENBERG, Hinckley & Heisenberg LLP, New York, N.Y. (Michael T. Stolper, The Stolper Group, P.A., New York, N.Y., on the brief), for Plaintiff- Appellant. BENJAMIN H. TORRANCE, Assistant United States Attorney (Natasha W. Teleanu, Assistant United States Attorney, on the brief), for Audrey Strauss, Acting United States Attorney for the Southern District of New York, New York, N.Y., for Defendants-Appellees. ______________ CARNEY, Circuit Judge: Aleutian Capital Partners, LLC (“Aleutian”) appeals from the September 29, 2017 judgment of the United States District Court for the Southern District of New York (Ramos, J.) affirming a decision by the Administrative Review Board (“ARB”) of the United States Department of Labor (“DOL”). In that decision, ARB ordered Aleutian, a private equity investment group in New York, to pay back wages to an employee and a former employee, both of whom it had hired under the H-1B temporary foreign worker program (the “H-1B Program” or the “Program”). 2 Established by the Immigration and Nationality Act (“INA”), the H-1B Program allows employers, under closely regulated circumstances, to hire non-immigrant foreign individuals for work in certain temporary positions. See 8 U.S.C. § 1101(a)(15)(H)(i)(b); id. § 1182(n)(1). Congress charged DOL with implementing the H-1B Program and enforcing the ...
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