Government publishes interim H-2B wage rule

April 24, 2013 -  By

The Department of Homeland Security (DHS) and Department of Labor (DOL) jointly published the “Interim Final Rule, Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2” in the Federal Register. The rule is effective immediately. Comments on the rule are due within 45 days of publication in the Federal Register.

The rule is similar to what the DOL attempted to impose in its 2011 Wage Rule that is currently blocked through congressional appropriations, according to an update issued yesterday by the Professional Landcare Network (PLANET). It will establish wage rates for H-2B workers at the mean of Occupational Employment Statistics (OES) wage survey data for occupations.

It appears the DOL intends to retroactively impose new inflated wage rates on employers with H-2B workers that have already received approved prevailing wage rages under the old methodology, PLANET said. Employers who have previously applied for H-2B workers but have not yet received them will have to obtain a new prevailing wage determination under the new methodology before their applications will be processed.

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Marisa Palmieri

About the Author:

Marisa Palmieri is an experienced Green Industry editor who's won numerous awards for her coverage of the landscape and golf course markets from the Turf & Ornamental Communicators Association (TOCA), the Press Club of Cleveland and the American Society of Business Publication Editors (ASBPE). In 2007, ASBPE named her a Young Leader. She graduated with a Bachelor of Science in Journalism, cum laude, from Ohio University’s Scripps School of Journalism.

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