E.D. Penn. Upholds 2011 H-2B Wage Rule: Louisiana Forestry Assoc. v. Solis (CATA)

"On January 19, 2011, the Department of Labor (“DOL”) issued a new regulation to govern the calculation of the minimum wage that a United States employer must offer in order to recruit foreign workers as part of the H-2B visa program (“the 2011 wage rule”). ... A group of...

E.D. Pa. Vacates 2008 H-2B Wage Rule: CATA v. Solis

"Labor certifications issued under the 2008 Wage Rule exceed the DOL’s delegated authority. The INA and DHS regulations define a small subset of individuals to whom the DOL may grant labor certifications if, and only if, the DOL can assure that such individuals’ receipt of H-2B visas...

Judge Keeps 2008 H-2B Rules in Place...For Now: CATA v. Perez (E.D. Pa.)

"Plaintiffs (collectively, “CATA”) move to vacate regulations previously held invalid by this Court and remanded to the agency. ... In effect, the motion is tantamount to a petition for rulemaking. ... It aims at compelling Defendants to engage in rulemaking to fill regulatory gaps that...

CA3 Vacates H-2B Private Wage Survey Regulation: CATA III

"We therefore act now to grant plaintiffs’ vacatur request of 20 C.F.R. § 655.10(f) and the 2009 Wage Guidance. We hold both provisions to be arbitrary and capricious and in violation of the APA. We direct that private surveys no longer be used in determining the mean rate of wage for...