As we’ve mentioned previously, Congress postponed until January 1, 2012 the new Dept. of Labor rule that will artificially inflate the wages of H-2B workers. However, the rule is still scheduled to go into effect in less than a month. While we thank those in Congress working to help protect the H-2B program and seasonal businesses, Congress must take action now to completely block the wage rule and the proposed rule that will radically alter the entire program (which we still anticipate will be finalized soon).
Fortunately, there are several members of Congress working hard to do just that. Representative Rob Wittman (R-VA) is leading an effort to have language blocking the rules included in a pending bill that will soon be considered in Congress.
Rep. Wittman is circulating a letter (posted below) to his fellow members of the House of Representatives asking that they sign on to a letter he has drafted that will be sent to the committee where the legislation will be considered before it is sent to the full House for passage.
***** PLEASE CONTACT YOUR MEMBERS OF CONGRESS NOW to urge them to sign Rep. Wittman’s letter that calls for both H-2B rules to be blocked. *****
You can determine who your representative is and their contact information by entering your zip code in the box on the upper right corner of the House of Representatives website. You may also call the Capitol switchboard at (202) 224-3121 and ask to be connected to their offices.
You may fax them the two letters (below) or forward the text to them for their reference.
Thank you for all of your help, and please contact our office (reception@mpalaw.net) if you have any questions.
Letter that will be sent to committee requesting that H-2B rules be blocked. COPY & PASTE CONTENT TO YOUR REPRESENTATIVE:
December XX, 2011
Dear _______ (Member of House of Representative):
As we all work to protect American jobs and promote economic growth, we urge the Committee on Appropriations to take another critical step to protect small and seasonal businesses throughout the country.
As you know, the recently enacted Consolidated and Further Continuing Appropriations Act (P.L.112-55) postponed until January 1, 2012 the effective date of harmful regulations that will artificially inflate the labor costs of employers that are forced to hire H-2B workers. While that step was helpful, thousands of small businesses and their full-time employees are still in extreme jeopardy if the rule is permitted to go into effect in less than a month.
The H-2B program is essential to employers who cannot find local temporary workers to fill jobs during their peak seasons. It should also be emphasized that the program is critical to allow those businesses to operate at a greater capacity, keep their doors open, and retain their full-time local workers.
Unfortunately, the U.S. Department of Labor (DOL) has targeted the H-2B program, and by extension those law-abiding employers that are forced to utilize it, for virtual elimination with punitive rules. The finalized DOL rule, delayed by P.L.112-55, seeks to artificially increase the wage rates for H-2B workers well above legitimate economic levels while the other proposed rule would unnecessarily increase the cost and complexity of the H-2B program. The combination of these two rules will make the H-2B program virtually unusable, threatening America’s seasonal businesses and their full-time American employees.
We urge the Committee on Appropriations to include the language from H.R.3162 or section 118 of H.R. 3070, which will prevent any appropriated funding from being used to implement those H-2B rules which pose a threat to our constituents, small businesses throughout the nation, and our economy.
Seasonal employers desperately need Congress to enact a legislative remedy that provides a long-term solution and provides relief for small businesses from these job-killing regulations.
Sincerely, (Your name and Company)
Letter From Congressman Wittman: Support Small Business and Fair H-2B Program
Dear Colleague:
I am writing to request your support in halting the Department of Labor’s actions to finalize H-2B rules that if implemented would harm small and seasonal businesses around the country.
Seasonal businesses rely on the H-2B program to fill temporary vacancies in seafood processing, horse training, hospitality, forestry, landscaping, carnivals and other occupations. The seasonal nature of these businesses and industries means that they routinely face shortages of local workers during their peak work periods. By filling temporary jobs, H-2B workers not only keep these businesses open; they contribute to the creation of additional, year-round jobs for local workers. The Department of Labor’s H-2B wage rule and the March 18 proposed rule threaten to negatively affect the companies who use the H-2B program and could possibly lead to full-time job losses.
On September 7, 2011 over 40 bipartisan members of the House of Representatives and Senate sent a letter to Secretary of Labor Hilda Solis requesting modification and/or abandonment of these harmful rules.
As you know, language was included in legislation (P.L. 112-55) signed by the President on November 18, 2011 that would delay the implementation of the Department of Labor‘s H-2B rules until January 1, 2012. However, when the time runs out on this short term delay, the Department’s rules will go into effect and threaten the economic survival of many small and seasonal businesses.
It is critical that Congress stop the Department of Labor’s implementation of these harmful rules. I urge you to sign the attached letter to House Appropriators requesting inclusion in the FY2012 omnibus appropriations bill language to prevent the Department from moving forward with harmful H-2B rules.
To sign, please contact Brent Robinson at brent.robinson@mail.house.gov. Deadline: December 7, 2011.
Sincerely,
/s/
Robert J. Wittman
