3rd Circ. Urged To Revive Challenge To H-2B Wage Rule

Law360, New York (January 8, 2013, 4:31 PM EST) -- Groups representing logging, hotel, carnival, sugar cane and commercial crawfish industries asked the Third Circuit on Monday to revive their challenge to a 2011 U.S. Department of Labor rule requiring employers pay minimum wage to foreign workers with H-2B visas.

In a brief, the groups contended that the DOL subverted Congress' authority by passing the rule, which amounts to an average hourly wage increase of $4.83 for workers holding an H-2B visa, when it was never given rulemaking power in the H-2B program. Ultimately, the wage...
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