My Base salary while filing was XK + bonus + stocks. I looked at the paper work yeasteray and found that they just mentioned the base not bonus. If they add bonus it will come to X+7K. They filed mine under Software Engineer category. I went through DOL site and found that Software Engineer category $74K is shown as avg annual sal. Lately even my company realized that my slary is less compared ot others and they did a slight adjustment lifting the base to X+10K +bonus.
Now I am assuming either the lawyer has to come up with explanation or the company has to increase the salary and proceed with proof of paying the back pay etc...
That is what I understood from the DOL site.
Hopefully I will be able to talk to the lawyers by next week in my company.
I remember, while I was offered a position with a $10 billion leading company, I was given a base of $80 and bonus, and their H1 paper work was showing clear survey details of wages and it was matching to those figures..
We all will pray well and hope for the best..
Anyway this solution resolution is totally depend on our employer.
If your employer is dealing with federal or state projects, you have high probability of getting a better pay, I guess
as the minority and EEOC etc are too important to them...
I don't think that they will deny to pay you more once DOL is saying that you are underpaid.. Also it matters whether you are a male or female.. If you are a lady, and getting paid less, it is a serious matter.
Because company HR is signing all paper work submitted by the lawyer for the position description...
Also it is descrimination , if they say that we can't pay you more for green card while DOL says that you deserve this much of wages for the projected job description by the company and now we can't proceed because of that...