Committee OKs Bill to Block Harmful H-2B Regs

Blood-Horse

Included in a bill approved by the U.S. Senate Appropriations Committee are provisions that would block some provisions in a just adopted federal rule regulating the H-2B temporary guest worker program, according to the American Horse Council. That rule was opposed by the AHC and other industries that rely on the H-2B program.

The latest bill passed by the Senate Appropriations Committee June 25 is the Labor, Health and Human Services, Education, and Related Agencies Appropriations Act for Fiscal Year 2016

The H-2B program is used by members of the horse industry, principally horse trainers and owners, who cannot find American workers to fill semi-skilled jobs at racetracks, horse shows, fairs and in similar non-agricultural activities, the AHC advisory said.

The Department of Homeland Security and Department of Labor issued a final H-2B temporary guest worker program rule April 29 that the AHC believes will make the H-2B program more costly and burdensome for employers who use the program. The final rule made significant changes to how the H-2B program functions, including new requirements regarding corresponding American workers, reimbursement of transportation costs, seasonality, and recruitment efforts. Most of the changes to the program make it more difficult for most employers to use the program.

The Senate bill would make several changes to the new H-2B regulations, according to the AHC:
—Allow the use of private wage surveys, which are not allowed under the new final H-2B wage rule;
—Clearly define seasonal as ten months, as opposed to the nine months in the new final H-2B rule;
—Prevent DOL from implementing the provisions of the final rule related to corresponding employment and the requirement employers guarantee 75% of the wages in the original work order regardless of whether the work is actually performed;
—Prevent DOL from implementing a new and burdensome DOL enforcement system and recruitment program; and
—Allow for the staggered crossing of H-2B employees.

These provisions in the bill are supported by the AHC and if enacted will make the H-2B program easier to use, the advisory said.

The bill must now be approved by the full Senate.