Attention To Those Employing H-2B Workers

On April 24, 2013, the Department of Homeland Security and the Department of Labor (DOL) jointly published in Interim Final Rule that revised the methodology by which the DOL calculates prevailing wages under the H-2B program.

Under this rule, the prevailing wage issued by DOL under 20 CFR 655.10 (b)(2) is the arithmetic mean for the occupation in the area of intended employment as established by the Bureau of Labor Statistics’ Occupational Employment Statistics survey.  Simply put, the amount you are currently obligated to pay H-2B workers can be substantially increased by this DOL rule.  This rule is effective immediately.  The ability to have a redetermination of a DOL Supplemental Wage Notice is extremely limited and wages determined by a DOL Supplement Wage Notice must be paid by the employer.

This issue is pending before at least 3 federal courts, and the H-2B Workforce Coalition, American Hotel and Lodging Association (AHLA) and other affected industries are working hard to seek relief from both the courts and Congress.

If you receive a Supplemental Wage Determination Notice from the U.S. Department of Labor, please let us know so we can communicate to Congress the impact these arbitrary rules are having on American business.