BALCA Finds That H-2B Employers Have No Obligation to Comply With a PWD Issued After Certification


On December 3, 2013, the Board of Alien Labor Certification Appeals (BALCA) issued a decision, in the Matter of Island Holdings LLC, vacating supplemental prevailing wage determinations (PWDs) and increased wages imposed on an employer after approval of the Form 9142, Temporary Labor Certification. 

In Matter of Island Holdings LLC, the employer, a seasonal resort, had applied for and obtained Temporary Labor Certifications from the Department of Labor (DOL) to employ foreign workers as housekeepers, servers and cooks in H-2B status.  The DOL issued three “Supplemental Prevailing Wage Determinations” purporting to increase the wage rate the employer must pay the H-2B workers it hired pursuant to the Temporary Labor Certifications. 

In reaching a decision, BALCA found that DOL regulations do not require an employer to comply with a prevailing wage determination issued after the DOL has already approved and granted the employer’s Application for Temporary Employment Certification.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Buchanan Ingersoll & Rooney PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.