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DOL announcement on new H2B Regulations 2012
May 08, 2012
DOL has announced that on April 26, 2012, the new H2B Regulations 2012 was preliminarily enjoined by the U.S. District Court for Northern District of Florida, Pensacola Division, and was never implemented. Therefore, for the present time employers should file their H-2B labor certification applications under the previous 2008 regulations.
Changes to H-2B Labor Certification Process: DOL announces revisions to Transition Period
April 25, 2012
DOL has announced that the new H-2B Final Rule will not be operative until April 27, 2012. Accordingly, applications postmarked on or after April 27, 2012 will be adjudicated in accordance with the requirements described in the Final Rule, and applications filed under the current regulation must be sent to the CNPC and postmarked no later than midnight April 26, 2012. Further, DOL has revised the ETA Form 9142, Appendix B.1 and associated instructions in connection with the H-2B 2012 Final Rule. Employers filing H-2B applications under the 2012 Final Rule must use the revised ETA Form 9142 and Appendix B.1 starting with applications postmarked on or after April 27, 2012.
Federal Minimum Wage Will Increase to $7.25 on July 24
July 15, 2009
The U.S. Department of Labor (DOL) reminds employers and employees that the federal minimum wage will increase to $7.25 on Friday, July 24. With this change, employees who are covered by the federal Fair Labor Standards Act (FLSA) will be entitled to pay no less than $7.25 per hour.
H-2B Final Rule: DOL issues Guidelines on Transition Procedures
March 21, 2012
On February 21, 2012, the Department of Labor (DOL) published a Final Rule amending H2B regulations. The H2B Final Rule becomes effective on April 23, 2012. DOL has recently published guidelines providing transition procedures explaining how it will treat applications filed in advance of and after the April 23rd effective date of the 2012 H-2B Final Rule. Applications filed under the current regulation must be sent to OFLCs Chicago National Processing Center (CNPC) and postmarked no later than midnight April 22, 2012. Any application filed under the current regulation that is postmarked on or after April 23, 2012 or later will be rejected.
DOL issues Final Rule amending H-2B Regulations
February 21, 2012
DOL has issued a Final Rule amending the regulations governing the labor certification process for the temporary employment of H-2B foreign workers in the U.S. The new regulations contain many significant changes from the current regulations. DOL has communicated that OFLC will be posting additional information and materials relating to the new regulation. The new regulations will go into effect on April 23, 2012 and until April 23, 2012, the H-2B application process will be administered in accordance with the current regulations.
DOL Solicits Nominations for 2012 ERISA Advisory Council
July 21, 2011
DOL's Employee Benefits Security Administration is soliciting nominations to fill five three-year vacancies on the Advisory Council on Employee Welfare and Pension Benefit Plans, known as the ERISA Advisory Council. The deadline to submit nominations is Sept.16. Nominations are being accepted for one vacancy each to represent the fields of employee organizations, employers, corporate trust, investment management and the general public.
Prince George's County Public School Charged with Violating H-1B Visa Program
April 6, 2011
Department of Labor found that Maryland's Prince George's County Public Schools was willfully violating terms of the H-1B visa program by requiring the foreign national employees to pay fees related to the cost of filing for an H-1B visa petition, which the employer should have paid for. US Department of Labor orders $4.2 million in back wages be paid to 1,044 teachers and fines school system $1.7 million in civil money penalties.
US Labor Department Proposes Revisions to H-2B Program, Seeks Public's Comments
March 29, 2011
US Department of Labor is proposing changes to the H-2B. The rule would eliminate job contractors as beneficiaries of the visa and would allow employers to conduct labor certification closer to the date of need of the worker as well as create a national job registry aimed at protecting U.S. workers. The complete proposal can be viewed at http://s.dol.gov/DK. The public may submit comments until May 17, 2011 at www.regulations.gov
DOL Approves Standards for Direct Support Professional Occupation Under National Registered Apprenticeship System
October 27, 2010
DOL's Employment and Training Administration (ETA) has approved national guidelines for apprenticeship standards for the occupation of direct support professional. These standards will enable employers to use ETA's Registered Apprenticeship program to train workers for careers in the long-term care sector of the health care industry. Under the new standards, the Registered Apprenticeship program will provide direct support professional apprentices with on-the-job instruction to develop competencies in assisting people in need. The credentials and competencies to be achieved are based upon criteria for the NADSP national voluntary direct support credentialing program.
DOL Bans Asian Journal from the H-1B Program
August 10, 2010
The U.S. Department of Labor announced today that it has debarred Asian Journal Publications from using the H-1B visa program to hire temporary workers. An investigation conducted by the department's Wage and Hour Division, determined that the employer did not properly pay the workers and misrepresented facts on the Labor Condition Application filed with the department's Employment Training Administration requesting approval to hire the workers. The debarment will remain in effect until July 30, 2012.

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