Thursday, October 27, 2011

H-2B Update

On Jan. 19, 2011, the U.S. Department of Labor published a Final Rule that revised the methodology by which the Department calculates prevailing wages under the H-2B program. As the result of a court case, on Aug. 1, 2011, the Department amended that rule to make wage rates established under this new methodology effective for wages paid to H-2B workers and U.S. workers recruited in connection with an H-2B labor certification for all work performed on or after Sept. 30, 2011.

However, on Sept. 28, 2011, the Department announced in the Federal Register a 60-day postponement of the effective date of the Wage Final Rule to Nov. 30, 2011. This delay will permit the various courts involved in litigation relating to the Wage Final Rule to determine the appropriate venue to resolve all claims and to allow the Department to avoid the possibility of administering the H-2B program under potentially conflicting court orders.

To learn more about the new prevailing wage rule, and the various legal challenges, be sure to attend the Immigration and Employment session at IAAPA Attractions Expo 2011. The session will be held Thursday, Nov. 17, at 3:30 p.m. at the Orange County Convention Center in Orlando.

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