The U.S. Court of Appeals for the Third Circuit recently upheld the right of the U.S. Department of Labor (DOL) to set prevailing wages in the H-2B guestworker program.
Below is a statement by Jennifer J. Rosenbaum, Legal Director of the National Guestworker Alliance (NGA):
“The decision by the U.S. Court of Appeals for the Third Circuit affirms the critical role of the Department of Labor, and shows that DOL was right all along: raising the prevailing wages for employers in the H-2B program is necessary to protect job quality for all workers—both guestworkers and the U.S. workers alongside them. The NGA has fought continuously to make sure that prevailing wages for H-2B employers are fair to all workers, and that employers don’t further disadvantage U.S. workers by taking unlawful deductions or kick-backs.”
“The Obama Administration’s Department of Labor, under previous Secretary Hilda Solis and now under Secretary Tom Perez, has shown balanced leadership by proposing critical regulations that level the playing field for the more than 24 million workers in key H-2B sectors. Both the wage rule and the comprehensive rule are balanced compromises, and are critical to protect guestworkers and the U.S. workers who work alongside them. Now Congress needs to stop blocking implementation of the DOL’s comprehensive H-2B regulations, which prohibit employer retaliation against workers who expose exploitation by H-2B employers and prohibit temporary staffing agencies from using the program to undercut U.S. workers.”
NGA co-founder and leader Daniel Castellanos said:
“The court has caught up with what thousands of guestworkers have been saying since Hurricane Katrina: to stop exploitation in guestworker programs, we need higher prevailing wages, and we need protections from employer retaliation to make sure that the rules of the program are enforced.”