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"The H-2B Program Rule is slated to go into
effect in one week - on April 23 - unless a Federal Court or Congress
intervenes. ANLA and many state partner associations support litigation ... filed this week in the Northern District of Florida. We hope the
court will issue a temporary restraining order blocking the Department
of Labor (DOL) from implementing the program rule. ANLA is also working
with Congress to fight these two rules. We are encouraging Congress to
pass legislation that would block DOL from implementing both the H-2B
program rule and the wage rule. ... DOL issued a final rule on January 19, 2011
that will artificially increase H-2B hourly wages by more than 50%. On
February 21, 2012, DOL issued a final rule that would make the program
even more expensive and complicated to use. The rule requires employers
to hire any qualified U.S. worker up to 21 days before the H-2B worker
is scheduled to begin. The proposed rule would also involve labor unions
in the hiring process and require employers to pay transportation and
subsistence costs for potential U.S. workers who work for at least 50%
of the season. In addition, the rule includes provisions requiring
employers to pay workers with "corresponding employment" duties similar
wages. Many of these new requirements are adopted from the H-2A program.
Through our experience with the H-2A program, we know that many of
these new requirements will make the H-2B virtually impossible to use. ANLA
is continuing to strongly oppose both H-2B rules and will continue to
work to generate Congressional opposition to the rules." - ANLA, Apr. 16, 2012.