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US Department of Labor Issues New H-2B Field Assistance Bulletins and Field Operations Handbook Chapter

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The Wage and Hour Division has undertaken important steps toward safeguarding the rights of U.S. and H-2B workers through the H-2B visa program. To ensure that workers know their rights and employers know their obligations, we are publishing these resources:

  • Field Assistance Bulletin 2022-3: Employment in Unapproved Job Classifications in the H-2B Visa Program. This bulletin reviews how the employment of H-2B workers in an unapproved job classification harms U.S. and H-2B workers and the sanctions and remedies that we may implement to address those harms.
  • Field Assistance Bulletin 2021-3: Overtime Obligations Pursuant to the H-2B Program. This bulletin provides guidance on employers’ obligations to pay overtime to workers protected by the H-2B visa program provisions. (Previously published in December 2021).
  • Field Operations Handbook Chapter 46: Enforcement of H-2B. This chapter, revised in its entirety, provides a reference to interpretations of statutory and regulatory provisions, as well as general administrative guidance on employer obligations and worker rights within the H-2B visa program under the 2015 rule. This chapter:
    • explains the requirements and obligations of the H-2B visa program that are enforced by WHD,
    • addresses budgetary constraints and how they affect WHD’s ability to enforce certain regulatory provisions,
    • details which workers are protected under the program requirements, and
    • outlines remedies WHD may impose when violations are found.

These added resources help workers, employers, and stakeholders concerned with these programs and also enable Wage and Hour Division staff to have better tools and information to enforce the laws for which WHD is responsible.

 

Be Audit-Secure™

 

Lisa Smith, SPHR, SHRM – SCP

Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

“You cannot be audit-proof, but you can Be Audit-Secure.”


 

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