Congress votes to extend implementation of DOL H-2B wage rule through March 27, 2013
PLANET is happy to announce that last Saturday, Sept. 22, Congress voted to extend the law that prevents the Department of Labor (DOL) from implementing its H-2B wage rule through March 27, 2013. This move is part of a stopgap spending measure to keep the government funded beyond the start of fiscal 2013, which begins Oct. 1. PLANET will continue to fight on Capitol Hill and in the courts for a permanent, favorable solution to protect the H-2B program, but we are pleased that, in the meantime, our members will not be subject to unprecedented wage increases.
On Aug. 20, Judge Davis of the Pennsylvania District Court ruled that the DOL had the authority to issue the wage methodology rule in a separate case brought by other plaintiffs. While this decision does not affect the status quo, due to the congressional prohibition, PLANET is disappointed with the decision reached in this case.
PLANET is also a plaintiff on litigation filed in Florida to prevent the DOL from implementing both the H-2B wage and the program rules and has contributed $25,000 to these lawsuits. The attorneys for these cases are optimistic that the District Court and the Circuit Court will issue favorable decisions in both the wage rule case and the program rule case. The program rule cannot be implemented because of a preliminary injunction issued by Judge Rodgers in the Northern District of Florida. After the legal maneuverings in the case conclude, PLANET hopes the judge will make the injunction permanent.
Thank you very much for your continued support of PLANET and these lawsuits. If you have any questions, contact Tom Delaney, PLANET director of government affairs, at 800-395-2522.