New Federal Law on H2B Wages
On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on Jun 25, 2013.
An emergency interim final rule issued by the US Department of Homeland Security and the US Department of Labor in April of this year has gone into effect. Under the new application, the 2008 methodology using a 4-tier wage system in determining wages for non-agricultural H2B workers is being replaced with the average wage from the Bureau of Labor Statistics Occupational Statistic Survey. The new rule permits employers to use wages calculated under the Davis-Bacon Act, but does not require that Davis-Bacon wage scales be used unless the H2B workers are working on federal construction projects. The rule also maintains the previously existing carve out that requires signatories to union collective bargaining agreements to pay the wage rates stipulated in those collective bargaining agreements.
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