• NRA
    NRA We Serve America's Restaurants Representing nearly 500,000 restaurant businesses, we advocate for restaurant and foodservice industry interests and provide tools and systems that help members of all sizes achieve success.
  • NRAEF
    NRAEF Building & Retaining Talent The NRAEF is focused on developing a stronger workforce and building the next generation of industry leaders through education, scholarships and community engagement.
  • NRA Show
    NRA Show May 19-22, 2018 As the international foodservice marketplace, the NRA Show provides unparalleled opportunities for buyers and sellers to come together, conduct business and learn from each other.
  • ServSafe
    ServSafe Minimize Risk. Maximize Protection. For over 40 years, ServSafe® training programs have delivered the knowledge, leadership and protection that have earned the trust and confidence of business leaders everywhere.

National Restaurant Association - Labor Department postpones H-2B implementation date

Skip to navigation Skip to content

News & Research

Share:
Email Print
News RSS

Labor Department postpones H-2B implementation date

The Labor Department announced Sept. 22 that it would delay the implementation date of a new rule that could dramatically increase wages for H-2B employees. The agency, which faces legal challenges from employers who use the H-2B visa program, moved the date back at least 60 days.

 

The National Restaurant Association this month opposes the agency’s controversial new methodology for calculating wage rates for H-2B employees. The new wage system was set to take effect Oct. 1, but has now been delayed until at least Dec. 1 while two federal lawsuits are pending.

The H-2B program allots 66,000 visas a year for U.S. businesses to fill temporary or seasonal positions with foreign workers when they can’t find domestic employees to fill the slots. Restaurants in resort areas are among the top users of the H-2B program.

The DOL regulation requires employers to pay H-2B employees and similarly employed U.S. workers a “wage the meets or exceeds the highest of the following: the prevailing wage, the federal minimum wage, the state minimum wage or the local minimum wage.” Because of how the new regulation defines “prevailing wage,” employers could see wage rates for H-2B workers double or more.

Lawmakers with constituents who use the H-2B program are also stepping up their pressure on DOL to drop the new wage methodology. Sen. Barbara Mikulski (D-Md.) is among the senators leading the fight to delay the H-2B wage rule. She estimates Maryland employers would shed at least 1,000 jobs if they were forced to pay the higher wages.

The DOL this spring also proposed other major changes in the rules governing the H-2B system. The National Restaurant Association filed extensive comments urging the DOL to withdraw its proposed changes because the new rules would make it nearly impossible for employers to use the program.

Conserve RSS Healthcare RSS Conserve RSS

▲ Back to Top

We're glad you're here!®

® 2012-2017 National Restaurant Association. All rights reserved.

2055 L St. NW, Suite 700, Washington, DC 20036
(202) 331-5900 | (800) 424-5156