Labor Department Ruling Could Mean End To Processed Gulf Seafood
March 18, 2015 | 1 min to read
The Department of Labor (DOL) recently announced it will no longer accept or process requests for H-2B visa prevailing wage determinations or labor certifications, a huge setback for almost every Gulf seafood processor from Florida to Texas.
After a challenge from Florida Rural Legal Services, a non-profit labor rights group, the Northern Florida District Court decision on Perez v. Perez (No. 3:14-cv-682) on March 4th ruled the Department of Labor does not have the authority to issue regulations in the H-2B program, including standards for calculating prevailing wages for seasonal workers. The verdict vacated the Department of Labor‘s 2008 H-2B regulations on the grounds that the department lacks the authority under the Immigration and Nationality Act to issue regulations in the H-2B program.
Upon the court’s ruling, the DOL stated it can no longer accept or process requests for prevailing wage determinations or applications for labor certification in the H-2B program. The suspension of the processing of H-2B visa paperwork leaves small and seasonal seafood employers across the Gulf of Mexico without a source of legal labor as they enter the busy spring and summer seasons.
To read the rest of the story, please go to: Gulf Seafood News