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CA3 Upholds 2011 H-2B Wage Rule: Louisiana Forestry v. DOL

"Appellants, a group of associations representing employers in non-agricultural industries, claim that the Department of Labor exceeded its authority by enacting a regulation governing the calculation of the minimum wage a U.S. employer must offer in order to recruit foreign workers under the H...

Third Circuit Upholds Labor H-2B Regulations & Confuses Agency Rulemaking Jurisdiction

"The United States Court of Appeals for the Third Circuit recently upheld the Department of Labor (DOL) promulgation of regulations governing the calculation of the minimum wage a United States employer must offer to recruit non-agricultural foreign workers under the Department of Homeland Security...

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...