As much as I hate to report this news to you – the new US DOL H2B Wage methodology goes into effect on September 30, 2011. According to the regs – if you currently have workers here on H2B status you must pay using the new Wage Methodology. This wage is the effective wage rate for both temporary and permanent employees with the same job descriptions as the H2B workers.
It does not seem appropriate for the wage rate to change under 20CFR655.10(d) which states that the prevailing wage received by the employer was valid for the duration of the H2B employment. Here is the rub – District Court stated in their ruling ,“ Nothing in 655.10(d),nor any related regulation, prevents the DOL from devising interim measures to reduce the impact of the deficient methodology. Thus an employer must pay a valid wage for the duration of employment, but it does not follow that an employer must continue paying that wage after it has been deemed to be the product of an invalid regulation.”
We are continuing our fight on this rule change and the as yet pending regulations. We are addressing the issue of getting you new wage rates by the end of August. If you have any questions please feel free to call me.
Lori
972-442-4244 ext 102
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