Questioning Wage Hour

In a recent web chat with Wage Hour Division personnel, these are the kinds of questions H-2B employers were asking,

[Comment From Bill Zammer Bill Zammer: ] 

Is the Dept of Labor trying to end the H2B program? if not why these onerous new regulations?

  WHD: Thank you for your question, Bill. The Department’s responsibility for the H-2B program is administration and enforcement of the program provisions. The Department is statutorily required to ensure the employment of H-2B workers does not adversely affect the employment of similarly employed U.S. workers. We encourage you to join tomorrow’s web chat with the Employment and Training Administration at 1:30 ET. 


  [Comment From Elizabeth HeadCan you please give me the names of those in DOL who are working on the proposed rule changes, or should I just speak with my Congressional Representatives and Senators?


Wednesday July 13, 2011 1:22 Elizabeth Head


  [Comment From Mike KennedyI am in the lodging business. We are a seasonal operation. Without H2b workers we are out of business. Is the labor department trying to shut down that program.


Wednesday July 13, 2011 1:22 Mike Kennedy

   [Comment From JesusThe H2B Program – Why do you want to eliminate the program? Your are asking for comments but you don’t take any consideration of them.


Wednesday July 13, 2011 1:22 Jesus

   WHD: Elizabeth, Mike, and Jesus, please see the response provided above for Bill at 1:20 

Wednesday July 13, 2011 1:23 WHD

   [Comment From Paul FredellI discourage DOL from moving forward with costly and restrictive new H2B regulations, it will close down my landscape business and it will have an economic impact as well.


Wednesday July 13, 2011 1:37 Paul Fredell


  [Comment From VandraCan you touch upon any changes that may impact the H2B employers?


Wednesday July 13, 2011 1:37 Vandra

    [Comment From MargeMy company is a seasonal employer which utilizes the H-2B visa program. According to the updated FLC Wage Library for Prevailing Wages – a Mean Wage (H-2B) has been added for the OES/SOC code of 37-3011 will this be the prevailing wage for all H-2B visas regardless of the experience or education requirements of the employer.


Wednesday July 13, 2011 1:37 Marge


  [Comment From JesusH2B Program – Small business owners are screaming for a real open discussion. You don’t have any idea of what’s going on. When are you going to address the economic impact of the new regulations? Small Businesses are going to shut down because of your lack of vision


Wednesday July 13, 2011 1:37 Jesus

   [Comment From JoshIn regards to the H2B program, and effect that it will have on the economy. Can you please explain how the department of labor came to the conclusion that the wage increase will not impact the economy more than 100 million dollars


Wednesday July 13, 2011 1:37 Josh

[Comment From G Stanek ] 

As the owner of a landscaping business who expends great effort and expense to host legal guest workers for seasonal positions, I don’t understand how recent changes to the H2-B program will be beneficial for anybody; least of all employers who are trying to maintain their businesses and employees during this time of economic upheaval.

[Comment From Theresa

Why did the DOL increase the wages of H2B workers with no relation to economic condidtions & then accelerate this increase by 3 months, making it effective Oct 1st, 2011 instead of Jan 1, 2012. It seems that the effort is to make the H2B program unusable when small businesses like mine depend on it.

I think you get the idea. With no real answers or relief in sight it is now more important than ever for H-2B employers to unite and collectively fight.


One comment on “Questioning Wage Hour

  1. John says:

    Amazing! So employers that have chosen to higher foreign legal workers instead of illegal workers are rewarded with this package of increased wages from the government.

    Raising the rate of the foreign legal workers will raise the hourly wage for all the American workers also. Far above the competitors wages paid to the illegal workers that are not criminal background checked. All this imposed for work that is already priced and contracted.

    While the competitors that use illegal workers are rewarded for continuing to pay rates near minimum wage and hire workers that are not criminal background checked and are not often paid overtime.

    This is simply genius. Who is the master mind behind this great idea?

    At a minimum allow employers to decide if they wish to use this program going into their next season. Make it applicable to the next application or the next batch of approved seasonal workers. Do not inject a 40 % wage increase with a quarter of a season to go.

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