Non us-company employing workers on tip

[valentin_1992]

Jurisdiction

Illinois

Hello everyone,

my personal research didn't lead to satisfying results so I would like to ask for help from some more experienced fellows.

Following case:

A non-us company sells food on a festival (anually during period of 6 weeks) in the US. Partly they hire us-nationals for working there. At the same time they brought workers from their own country on B2 tourist visas. This workers are provided accommodation and flights in exchange for their workforce. Additional they receive payment only through tips so there is no direct payment by the employer. Neither in the US nor the country of origin were made contracts. So my questions are:

1. Does this employment qualify for unlawful employment under US-law (since their is no direct payment involved)?
2. Does it make any difference that the company is not settled in the US?
3. Which consequences could arise for the employees if law enforcement would know about this?
4. What consequences could arise for the employer? What consequences for the individual responsible for hiring the workers and what for future business of the company in the US?

 

[army judge]

1. Does this employment qualify for unlawful employment under US-law (since their is no direct payment involved)?
2. Does it make any difference that the company is not settled in the US?
3. Which consequences could arise for the employees if law enforcement would know about this?
4. What consequences could arise for the employer? What consequences for the individual responsible for hiring the workers and what for future business of the company in the US?

People on B2 visas are not allowed to legally seek employment in the USA.

I suggest you report your findings in person or via a telephone call to this US agency tasked with ensuring our nation isn't overrun by these criminals:
...
...
www.uscis.gov
...
...

 

[valentin_1992]

ok that I already assumed. But I asked for some certain answers. This is important to me since before I could take action I need to know about the juristic situation especially concerning the owner of the business.

 

[cbg]

Unless you are yourself either the business owner or one of the workers you don't need to know squat about the potential consequences. They are none of your business. So if you are the owner (or one of the workers) please identify yourself. If you are not, then either report it or don't report it, but if you do report it you will NOT be told what action is taken or even if action is taken.

 

[valentin_1992]

Thank you for your reply. I'm working there. But it turned out that the working conditions and the behavior of the business owner are not tolerable. So I'm thinking about to report this but unless I can anticipate the possible consequences for the persons involved I don't want to act. Sorry for the confusion about my involvement but I liked to keep it neutral.

 

[army judge]

ok that I already assumed. But I asked for some certain answers. This is important to me since before I could take action I need to know about the juristic situation especially concerning the owner of the business.

You want EXACT, PRECISE answers, pal, HIRE a lawyer.
We provide general answers.
The heavy lifting is up to you.