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Sunday, December 21, 2014

Court Strikes Down DOL Wage Guidance for H-2B Workers

An appeals court vacated federal guidance that allowed employers to use privately funded surveys to set the prevailing wages for foreign workers brought into the U.S. under the H-2B visa program. The U.S. Court of Appeals for the Third Circuit ruled Dec. 5, 2014, that Department of Labor regulations authorizing employers to use employer-provided wage surveys for prevailing wage determinations for H-2B workers was "arbitrary and capricious."



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