BALCA Vacates Supplemental Prevailing Wage Determinations

On December 3, 2013, The Board of Alien Labor Certification Appeals (BALCA) issued an en banc decision in The Matter of Island Holdings LLC (2013-PWD-00002). That decision vacated the supplemental prevailing wage determinations issued in light of the Department’s Interim Final H-2B Wage Rule (78 Fed. Reg. 24047, April 24, 2013). A class action complaint has been filed in the district court in the Eastern District of Pennsylvania, challenging the Island Holdings decision, CATA v. Perez, 13-CV-07213. After a full review of the Island Holdings decision and the district court complaint, the Department has decided to postpone action on the Island Holdings decision pending judicial review, as permitted by the Administrative Procedure Act, 5 U.S.C. § 705. This action is in the interest of justice, given the confusion and substantial disruption that would be created if the Department implemented the decision and it was subsequently overturned by the district court. Accordingly, all Office of Foreign Labor Certification actions related to the resolution of appeals in the supplemental prevailing wage decisions will be stayed, pending the resolution of the district court action. Source: U.S. Department of Labor: OFLC AnnouncementsTo speak with a Johnstone Adams immigration attorney on this topic, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267, or visit our Website.

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