The court, in
Comité de Apoyo a los Trabajadores Agricolas v. Solis, “vacated portions of [the Department of Labor’s] (“DOL’s”) current prevailing wage rate regulation . . . .” In response, the Department of Homeland Security (“DHS”) and the DOL are jointly “amending regulations governing certification for the employment of nonimmigrant
workers in temporary or seasonal non-agricultural employment.” The DHS determined that it is essential for DOL
to consult DHS to adjudicate H-2B petitions.
The
interim final rule “revises how DOL provides the consultation . .
. by revising the methodology by which DOL calculates the prevailing wages to
be paid to H-2B workers . . . [and this] prevailing wage is then used in
petitioning DHS to employ nonimmigrant workers in H-2B status.”
An employer must “pay
the H-2B workers . . . a wage that will not adversely affect the wages of U.S.
workers similarly employed.” So,
employers must pay the “prevailing wage” in order to fulfill this
requirement. The DOL determines the “prevailing
wage” and the DHS and DOL have established provisions governing this
process.
The DHS and DOL
jointly determined that the new wage
methodology
is necessary for the H-2B program. The
agencies will use the Occupational Employment Statistics mean to ensure that H-2B
workers are paid a wage that meet the new standards of the rule.
The interim final
rule is effective April 24, 2013.
Interested parties are invited to submit written comments on or before
June 10, 2013. You may submit comments
using Regulatory Information Number (RIN) 1205-AB69, by:
·
Federal e-Rulemaking Portal www.regulations.gov.
Follow the Web site instructions for submitting comments.
·
Mail or Hand Delivery/Courier to Michael
Jones, Acting Administrator, Office of Policy Development and Research,
Employment and Training Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-5641, Washington, DC 20210.
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