HERNDON, Va. – On Oct. 5, the U.S. Department of Labor (DOL) issued a proposed regulation that would change the wage methodology the DOL uses to calculate H-2B prevailing wages and result in much higher wages for workers hired through the program.
“The DOL is accepting comments on the proposed rule until Nov. 4, and it is essential that it hears the landscape industry’s concerns about this proposal. We need to send the DOL a strong message that we oppose dramatic increases in worker wages, especially in today’s tough economy,” says Tom Delaney, PLANET’s director of government affairs, in a release. “In addition to this proposal, later this year the, DOL still anticipates releasing another proposed rule that addresses other aspects of the H-2B program.”
In developing prevailing wage estimates, the DOL currently bases prevailing wage determinations on four tiers that link skill levels to Occupational Employment Statistics (OES) wage surveys. The proposed rule would eliminate the use of the four-tiered wage structure and instead require that the arithmetic mean of the OES wage rates be used to calculate the prevailing wage, according to Delaney.
The proposed rule would also eliminate the option for employers to use private wage surveys to determine wages. The DOL estimates that this change in methodology will increase hourly wages for landscaping services by $3.60. This estimate is extremely conservative because it does not account for the resulting increases in pay to your American workforce and other additional expenses associated with the higher payroll charges, Delaney says.
Click here for a draft copy of a letter that outlines PLANET’s concerns about the proposed regulations to the DOL.
To submit your comments, follow these steps:
- Go to regulations.gov.
- On the main screen, there is an option to search by key word. Enter 1205-AB61.This search term should bring up a docket of all of the comments submitted to the DOL.
- Under the first comment that comes up, click on “submit and comment.” A form will open.
- Check the box that says “Comment directly on proposed rule.” Then, complete the form. You can put your comment on that form, or save the comment on your letterhead and attach the document to the form by following the prompts provided.
- Click “submit” to file your comment.
For more information, contact Delaney at 800-395-2522 or tomdelaney@landcarenetwork.org.