Hey Compliance Warriors!
On December 7, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD) published Field Assistance Bulletin No. 2021-3 addressing overtime obligations pursuant to the H-2B Visa Program.
WHD enforces federal labor laws related to the H-2B visa program and has the authority to institute administrative proceedings, recover unpaid wages, enforce job orders, and debar violators from future participation in the H-2B visa program when violations are found.
Field Assistance Bulletin No. 2021-3 provides the following guidance:
- If overtime hours will be made available to H-2B workers, the job order must specify that overtime will be available and state the wage offer(s) for working overtime hours.
- Employers must comply with all applicable Federal, State, and local employment-related laws during the period of employment specified on the Temporary Employment Certification (TEC) Application. Where multiple overtime laws apply, the employer must comply with the law that provides the greatest benefit to the employee.
- Employers in the H-2B visa program must ensure that job applicants from the U.S. are fully informed of all benefits associated with the job opportunity, including the potential for overtime wages.
- Employers must pay the wage offered in the job order, free and clear, during the entire period covered by the TEC Application. The offered wage must equal or exceed the highest of the prevailing wage or Federal, State, or local minimum wage.
Are you struggling with potential EEOC claims or violations?
How about when Big Boss is pushing back on what you KNOW needs to be done, but they just cannot seem to wrap their brains around the suggestions you are making?
Sometimes you need an internal investigation conducted by an UNBIASED 3rd PARTY before a claim, charge, or lawsuit is filed against the company and/or the responsible parties within.
I am an EEOC Certified Investigator
As an EEOC Certified Investigator, I have seen a lot of tough issues that employers really should have researched before making the decision to “do it the way we’ve always done it” OR “not let some employee handbook boss me around”.
How about the time when the accused is your friend or you have some sort of relationship with the person that could cause others to view you as biased during an investigation. Recusing yourself may be the indicated course of action in some cases.
Remember, sometimes even decisions resulting from only the best intentions still pave the road to… well… court! (gotcha!)
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And, don’t forget – I am a credentialed EEO INVESTIGATOR.
So, when you come across issues related to discrimination or harassment and need an unbiased 3rd-party to conduct the investigation please also think of me.
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There is no need to dig the hole deeper by trying to do these things on your own when conflicting interests may be in play.
So, next time you want to pass the investigation on to a professional investigator who has no skin in the game, think of me!
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