BALCA, En Banc (5-0,) Vacates H-2B Supplemental PWDs: Matter of Island Holdings

BALCA, En Banc (5-0,) Vacates H-2B Supplemental PWDs: Matter of Island Holdings

"The Department’s H-2B regulations do not require an employer to increase the wage it offers and pays its H-2B workers after the Department has approved and certified its Application for Temporary Employment Certification. It was an abuse of discretion for the Certifying Officer to affirm the supplemental PWDs, which impose a legal obligation that is not otherwise required by law. We therefore REMAND the supplemental PWDs to the Certifying Officer with instructions to vacate the increased wage obligations that they purport to impose." - Matter of Island Holdings, Dec. 3, 2013.  [Hats way off to Wendel V. Hall!]