Legal Question in Employment Law in New Jersey

Is bench pay legal?

Is bench pay legal for H1 B employees? I am working for a company right now that is not paying us the full month's salary whenever we are not assigned to a client. Is this legal?


Asked on 1/30/06, 3:33 am

1 Answer from Attorneys
Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

Re: Is bench pay legal?

To answer this question, you need to look at the documents provided to you by your employer.

Specifically, you need to look at the offer letter and the employment agreement.

If there is a "non productive period" clause or something similar it is likely that the employer put in a reduced amount of pay for bench time.

Also, the H1B petition and the Labor Condition Application submitted by employer to the DOL may shed some light on whether bench pay was contemplated by the employer.

If I can be of assistance to you in this matter, please do not hesitate to contact me.

Regards.

Read more
Answered on 1/30/06, 9:43 am


Related Questions & Answers

More Labor and Employment Law questions and answers in New Jersey