Rynek pracy · 14.04.2011

Application of the Prevailing Wage Methodology in the H-2B Program

On January 19, 2011, the Department of Labor (Department) published a final rule, Wage Methodology for the Temporary Non- agricultural Employment H-2B Program (Wage Final Rule),\1\ promulgating a new prevailing wage methodology, as proposed in the Department's October 5, 2010 Notice of Proposed Rulemaking (NPRM). The prevailing wage methodology set forth in the Wage Final Rule applies to wages paid for work performed on or after January 1, 2012. Employers whose work commences in 2011 and continues into 2012 will have to pay a prevailing wage determined under the new prevailing wage methodology for the work performed in 2012. In order to ensure that employers accurately attest to their need to pay a different wage when the Wage Final Rule is effective, the Department has amended the ETA Form 9142, Application for Temporary Employment Certification, Appendix B.1, to reflect the employer's obligation to pay at least the highest of the most recent prevailing wage that the Department issues to the employer and is in effect at the time the work is performed. ---------------------------------------------------------------------------