Friday, September 23, 2011

New H2B Wage Methodology effective date postponed to 11/30/2011

From Louisiana Senator Mary Landrieu’s office 09/22/2011:

“Given the legislative action taken by the Appropriations Committee last night, earlier today U.S. DOL informed our team that they will delay implementing the Oct. 1 effective date of the new H2B visa wage methodology rules by 60 days. DOL will announce the 60-day delay in the Federal Register next week.”

It’s official! Press release from US DOL had been issued.

DOL’s press release confirms the postponement of the effective date of the new wage rates to November 30, 2011. As a reason, they cite permitting “the various courts involved in ongoing litigation surrounding the implementation of the rule to determine the appropriate venue for the resolution of all claims and allow the department to avoid the possibility of administering the H-2B program under potentially conflicting court orders.”

This announcement was made on September 22, 2011 – just one day after Bayou Lawn & Landscape Services et al., v. Hilda L. Solis, et al., challenged the legal authority of US DOL to make such changes to the Wage methodology and accelerated effective date. The case was filed in the North District of Florida, Pensacola Division and registered as Case No. 3:11-cv-00445-MCR-EMT.

I cannot help but believe the filing of this 2nd law suit played a major role in the U.S. DOL’s decision to “postpone” the effective date.

As always, please continue to contact your Representatives in the House and Senate to support you in this Temporary Worker Program (H-2B). If you have any questions or concerns as always please feel free call.

972.442.4244 ext 102