DOL Can Issue H-2B Visa Wage Rule, 3rd Circ. Says

Law360, New York (February 5, 2014, 7:45 PM EST) -- The Third Circuit on Wednesday ruled that the U.S. Department of Labor had authority to establish minimum wage requirements for foreign workers on H-2B visas, shooting down arguments that the Department of Homeland Security had unlawfully delegated its power to the DOL.

The three-judge appellate panel ruled that the DHS rightfully allowed the DOL to issue a 2011 rule updating the minimum wage requirements for temporary nonagricultural employees working on H-2B visas, which the DOL estimates could cost employers an additional $874 million in annual wages....
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