During the last four months, the Department of Labor (DOL) has begun a systematic attack against the H-2B Visa Program. This program is used by many private clubs to secure temporary, seasonal workers when American workers are unwilling or unavailable to do the work.
Without this program, many clubs will be unable to fill their staffing needs during their high season. Since the high season also provide a significant amount of income for clubs, these temporary workers are crucial to the success of a club and its year-round American workers. Unfortunately, DOL has taken a dim view of the H-2B visa program.
In February of this year, DOL issued new wage regulations for all H-2B employers. Under DOL’s own calculations, these new wage rules will increase the hourly rate for H-2B workers by an average of $4.38/hour. As such, beginning on January 1, 2012, private clubs will likely have to pay far more for their H-2B workforce even though the market and economic realities may not warrant it.
In addition to this new wage requirement, DOL has also just issued new proposed rules that will fundamentally change the way the H-2B program works. These new rules will require clubs to advertise their seasonal jobs to more people, in more places, and for a longer period of time. Additionally, clubs would be required to hire American workers who apply for seasonal jobs up to three days prior to the arrival of their new H-2B workers.
The rules would also reinstitute the time consuming labor certification application process and remove the current attestation process because of DOL’s belief of “rampant abuse” by H-2B employers. These new regulations even expand the definition of “full-time employee” from 30 hours to 35 and require clubs to provide a guaranteed number of work hours and provide guaranteed pay regardless of the time actually worked by an H-2B employee. They also require H-2B employers to pay the transportation and housing costs for American workers who are hired and do not live close to your club.
To say the least, these rules will place a tremendous burden on private clubs that utilize the H-2B visa program. The increased costs alone will make the program unaffordable for many of our member clubs and that will jeopardize those clubs’ ability to succeed during their high season.
NCA is actively working with our allies on the H-2B Workforce Coalition to change these rules, but DOL is not likely to budge. Thus, we are now focusing our time on a legislative response from leaders on Capitol Hill. With luck, we will convince them that these new regulations must be stopped, but what will help us accomplish this goal the most is for those leaders to hear from you – their constituents.
If your club uses the H-2B visa program, please click here to send a letter to your leaders in Washington and tell them to stop damaging the H-2B program. Additionally, please click here to complete and fax back to one of our allies a five question survey that will give us more ammunition to use against these new regulations.
Together we can make a difference, but you must act now. Should you have any questions, please do not hesitate to contact NCA’s Vice President of Government Relations and General Counsel, Brad D. Steele, at [email protected].
Thank you for making your voice heard and thanks for being a part of NCA!