Monday, November 28, 2011

New H-2B Wage Rule delayed to Jan. 1, 2012 - Union move to change venue thwarted

USDOL new wage rule for H-2B will not go into effect until after January 1, 2012.  On November 18, 2011 President Obama signed into law the Consolidated and Further Continuing Appropriations Act, 2012.  Part of this Act prevents USDOL from using appropriated funds to “implement, administer, or enforce, prior to January1, 2012” the new wage rule. 

More on the US DOL New Wage rule front.  In reference to Case 3:11-cv-00445-MCR-EMT -

Unions attempt to intervene in wage determination litigation and have the venue changed from the more favorable US Northern Florida District Court to Pennsylvania have been thwarted.
On November 23, 2011 the Judge ruled that “their participation in this matter would cause undue delay, particularly considering that the applicants intend to seek certification of a class of all United States and H-2B workers affected by the challenged wage rule.  The court thus exercises its discretion to deny the applicants’ motion to intervene ….”

In case you haven’t been following as a part of a larger H2B coalition fighting the “wage rule” a lawsuit was filed on 9/27/2011 in the US Northern Florida District court questioning the legitimacy of USDOL to issue the “wage” regulations under multiple administrative acts.
It doesn’t mean we will prevail – but it does mean we have a great shot at it.  I will keep you informed THIS IS GREAT NEWS !!