Update on Proposed H2B Regulations
FEWA attended a live web chat with the Department of Labor (DOL) Employment Training Administration (ETA) on July 14th, 2011 regarding DOL regulations. The majority of the hour-long session was spent discussing H2B. FEWA staff members were able to get some direction on when to expect proposed changes to the H-2B program to be published in the Federal Register.
DOL stated that the final rule amending the effective date of the Wage Rule will be published on or around August 1, 2011. This will determine if the new Wage Rule will be implemented on October 1, 2011 or January 1, 2012 and will provide additional information as to employer obligations once the rule is in effect.
With regard to the Comprehensive H-2B Proposed Rule, the DOL stated they are completing the process of analyzing comments and expect to publish a final rule by the end of December 2011.
This is positive news for the 2012 season. As you know, one of the biggest changes in the proposed comprehensive rule is the length of the recruitment period; requiring employers to accept and offer jobs to qualified US workers up to 3 days before H-2B workers are scheduled to begin work.
If the final rule does not get published until the end of December, most FEWA members will have already completed the recruitment process under the terms of the current regulation. DO NOT DELAY. If you have not begun your 2012 H2B process, contact me today and let’s get started.