DOL Releases Emergency H-2B Guidance

Law360, New York (January 5, 2016, 12:24 AM EST) -- The Department of Labor has issued emergency guidance on how it is implementing the new provisions of the 2016 DOL Appropriations Act, which rolled back certain restrictions on employers in the H-2B temporary nonagricultural visa program.

One provision of the bill, passed Dec. 18, prevents the DOL from using any funds in the bill to enforce the so-called "three-fourths guarantee rule," which requires employers to pay H-2B workers competitive wages for at least three-quarters of the hours they were promised when recruited. Labor groups and immigrant advocacy organizations have criticized the new provision, saying it leaves H-2B workers vulnerable to over-recruitment...

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