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Department of Labor Targets Landscaping Industry in H-2B Crackdown; Webinar Scheduled

Monday, October 15, 2018   (0 Comments)
Posted by: Gregg Robertson
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DOLWASHINGTON D.C. – The federal Department of Labor (DOL) has announced an enforcement initiative that is targeting landscape contractors using the H-2B program.

DOL Initiative

To ensure compliance with federal wage laws, the U.S. Department of Labor's Wage and Hour Division (WHD) is conducting a nationwide initiative to strengthen compliance with the labor provisions of the H-2B temporary visa program in the landscaping industry. The initiative includes providing compliance assistance tools and information to employers and stakeholders, as well as conducting investigations of employers using this program.

"The H-2B visa program includes specific requirements employers must follow to participate," said Bryan Jarrett, Wage and Hour Division Acting Administrator. "This initiative demonstrates our commitment to educate employers about those rules and enforce them to safeguard American jobs, protect guest workers, and level the playing field for law-abiding employers."

Looking for Compliance in the Landscaping Industry

Last year, WHD investigations found more than $105 million in back wages for more than 97,000 workers in industries with a high prevalence of H-2B workers, including the landscaping industry. A key component of the investigations is ensuring that employers recruit U.S. workers before applying for permission to employ temporary non-immigrant workers.

The landscaping industry employs more H-2B workers than any other industry.

Before employers can be approved to request guest workers under the H-2B program, they must file an application with the Department stating that:

·         An insufficient number of U.S. employees are qualified and available to work; and

·         The employment of non-immigrant, temporary workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

What to Expect

If you are subject to a Department of Labor visit, inspection or raid, please contact Gregg Robertson at PLNA by phone 717.238.2033 or email so that we can monitor DOL activity in the state.

For an overview of what to expect if you are visited by the DOL WHD click here.

Register for Webinar

AmericanHort has organized a webinar November 1st from 1:00 pm to 2:00 pm for the landscape contracting industry so that you can learn more about this initiative and how to stay out of trouble. The link to register for the webinar is Please be sure to register now to reserve your space.

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