The Department of Labor (DOL) in late March delayed the effective date of the 2011 Wage Rule, pushing it back from March 27, 2013, to Oct. 1, 2013.
Appropriations legislation continues to prohibit the DOL’s use of appropriated funds to implement, administer or enforce the Wage Rule, prompting the DOL to further delay the effective date.
The Wage Rule revises the way in which the DOL calculates the prevailing wages to be paid H-2B employees.
In its summary of the Wage Rule, the DOL said it is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers.
“The Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. We have also created new regulations to provide for increased worker protections for both United States (U.S.) and foreign workers,” the summary states.