H-2B Update - Awaiting the President to sign bill that will prohibit the implementation of the Department of Labor's (DOL's) H-2B wage rule for the remainder of fiscal year 2012
President Obama will soon sign into law a bill that will prohibit the implementation of the Department of Labor's (DOL's) H-2B wage rule for the remainder of fiscal year 2012, which runs through September 30, 2012. The language blocking the wage rule was part of a massive spending package that passed the House on Friday and the Senate on Saturday. In addition to being a plaintiff in ongoing litigation to block the wage rule, PLANET has been encouraging Congress to stop the DOL from implementing the rule. Thanks to all of our members who reached out to their elected officials and contributed to this success.
In addition to the congressional action, PLANET remains hopeful for a positive decision in our Florida lawsuit asking the federal court to block the implementation of the wage rule. In two positive decisions, the judge recently rejected motions by a labor organization to intervene in the case and by the Department of Justice to transfer the case to a Pennsylvania court. While we had expected a final decision in the case by the end of the month, the recent congressional activity will likely delay the final decision in the case. A judge in a separate H-2B lawsuit filed in Louisiana recently transferred the case to Pennsylvania.
PLANET will continue to be a leader in the fight against harmful H-2B rules that will make the program more expensive and complicated for landscape contractors. We will continue to work with Congress and through the court to fight the implementation of the wage rule beyond this fiscal year. We are also continuing to advocate against a March 18 H-2B proposed rule that we expect the DOL to release in final form in the next few weeks.
Thank you to everyone who contacted their members of Congress, urging them to block the wage rule. Those calls and letters were instrumental in this victory. To ensure the DOL is not successful in making the H-2B program unusable, when you contact your members of Congress to thank them for blocking the wage rule, also ask that they prevent the other H-2B rule from going into effect.