Congress is in the process of completing a conference agreement on a “minibus” appropriations bill that would include funding for the Departments of Agriculture, Transportation, Commerce and Justice. The conference includes a discussion about possible language to address the H-2B wage rule. Conferees hope to reach an agreement on the appropriations package early next week.
Based on a coalition call yesterday, the coalition agreed to oppose the draft H-2B compromise language being floated by Sen. Mikulski. While we greatly appreciate her leadership and support of the H-2B program for many years, we do have some concerns about the proposed compromise language.
Please reach out to your Hill contacts, especially those on the Appropriations Committees and encourage them to address the H-2B wage rule in a meaningful way that will protect all H-2B employers from the disastrous impact the rule will have when it goes into effect on Nov. 30. On average, employers will be forced to an approximate 40% to 60% increase in labor costs. You can reach them through the U.S. Capitol switchboard at(202) 225-3121. Ask to speak to the staff person who handles immigration issues.(MONDAY MORNING)
The proposed language is concerning because:
- It only pushes back the implementation date by 6 months rather than prohibiting DOL from implementing the rule altogether.
- A 6-month delay could result in the judges in Louisiana and Florida from delaying their decisions about a possible preliminary injunction without providing long term relief.
- The proposal addresses some specific categories of H-2B users, but leaves out others such as forestry tree planters and restaurant workers.
Obviously, we would love to see a legislative fix included in the minibus bill, but we need a real fix. The ideal language is the language that Reps. Rehberg and Alexander included in the draft DOL Approps bill:
SEC. 118. None of the funds made available by this Act may be used to—
(1) continue the development of or to promulgate, administer, enforce, or otherwise implement the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program regulation (Regulatory Identification Number 1205-AB61) published by the Employment and Training Administration of the Department of Labor on January 19, 2011 (76 Fed. Reg. 3452 et seq.); or
(2) continue the development of or to promulgate, administer, enforce, amend, issue a final rule,
or otherwise implement the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers) regulation (Regulatory Identification Number 1205-AB58) published by the Employment and Training Administration and the Wage and Hour Division of the Department of Labor on March 18, 2011 (76 Fed. Reg. 15130 et seq.).
A second option is the language that Senators Mikulski and others included in the Labor-HHS bill passed by the Senate Appropriations Committee:
SEC. ll2 . None of the amounts made available under this Act may be used to enforce the rule entitled ‘‘Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program’’ (76 Fed. Reg. 3452 (January 19, 2011)).
We would prefer to see the word “implement” used instead of “enforce” since enforce could still leave H-2B employers vulnerable to lawsuits. However, the intent is at least clear – to kill the H-2B wage rule for the year.
The following Senators and Members of Congress are conferees to the “minibus” appropriations bill:
House Conferees:
Republicans:
Rep. Hal Rogers
Rep. C.W. Bill Young
Rep. Jerry Lewis
Rep. Frank R. Wolf
Rep. Jack Kingston
Rep. Tom Latham
Rep. Robert B. Aderholt
Rep. Jo Ann Emerson
Rep. John Culberson
Rep. John R. Carter
Rep. Jo Bonner
Rep. Steven C. LaTourette
Democrats:
Rep. Norm Dicks
Rep. Rosa DeLauro
Rep. John Olver
Rep. Ed Pastor
Rep. David Price
Rep. Sam Farr
Rep. Chaka Fattah
Rep. Adam Schiff
Senate Conferees:
Democrats:
Sen. Herb Kohl
Sen. Tom Harkin
Sen. Diane Feinstein
Sen. Tim Johnson
Sen. Ben Nelson
Sen. Mark Pryor
Sen. Sherrod Brown
Sen. Daniel Inouye
Sen. Barbara Mikulski
Republicans:
Sen. Roy Blunt
Sen. Thad Cochran
Sen. Susan Collins
Sen. Jerry Moran
Sen. John Hoeven
Sen. Kay Bailey Hutchison
Sen. Richard Shelby
