Employment and Training Administration November 29, 2011 – Federal Register Recent Federal Regulation Documents
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Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date
The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011, (the Wage Rule) to January 1, 2012 in response to recently enacted legislation that prohibits any funds from being used to implement administer, or enforce the Wage Rule before January 1, 2012. The Wage Rule revised the methodology by which we calculate the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.
Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date; Impact on Prevailing Wage Determinations
The Department of Labor (Department) recently delayed the effective date of the Wage Methodology for Temporary Non-agricultural Employment H-2B Program Final Rule, 76 FR 3452, Jan. 19, 2011 (the Wage Rule) to January 1, 2012. This notice provides guidance to those employers who have received from the Department either a supplemental or dual prevailing wage determinations based on a previous effective date of the new prevailing wage methodology. This guidance is intended to clarify the wage payment requirements for employers participating in the H-2B Temporary Non-agricultural program.
Notice of a Change in Status of an Extended Benefit (EB) Period for New York and Maryland
This notice announces a change in benefit period eligibility under the EB program for New York and Maryland. The following changes have occurred since the publication of the last notice regarding the States EB status: Based on the data released by the Bureau of Labor Statistics on September 16, 2011, the seasonally-adjusted total unemployment rate for New York rose to meet the 8.0% threshold to trigger ``on'' to a high unemployment period (HUP) in EB. The payable period for New York in HUP began October 10 and eligibility for claimants has been increased from a maximum potential duration of 13 weeks to a maximum potential duration of 20 weeks in the EB program. Maryland enacted a retroactive TUR trigger and a three year look-back for the EB program, which became effective October 1, 2011. This trigger is retroactive to January 2, 2010, and anyone exhausting EUC benefits since that point is potentially eligible for benefits. The payable period in Maryland for these benefits began October 2. The trigger notice covering state eligibility for the EB program can be found at: https://ows.doleta.gov/unemploy/claims_arch.asp.
Notice of a Change in Status of the Payable Periods in the Emergency Unemployment Compensation 2008 (EUC08) Program for Indiana, the Virgin Islands, West Virginia, and Wyoming
Announcement regarding Notice of a Change in Status of the payable periods in the Emergency Unemployment Compensation 2008 (EUC08) program for Indiana, the Virgin Islands, West Virginia, and Wyoming. Public law 111-312 extended provisions in public law 111-92 which amended prior laws to create a Third and Fourth Tier of benefits within the EUC08 program for qualified unemployed workers claiming benefits in high unemployment states. The Department of Labor produces a trigger notice indicating which states qualify for EUC08 benefits within Tiers Three and Four and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notice covering state eligibility for the EUC08 program can be found at: https:// ows.doleta.gov/unemploy/claimsarch.asp. Based on data released by the Bureau of Labor Statistics on September 16, 2011, the three month average, seasonally adjusted total unemployment rate for Indiana rose to meet the 8.5% threshold to trigger ``on'' in Tier Four of the EUC08 program. The payable period for Indiana in Tier Four of EUC began October 9. Based on data released by the Bureau of Labor Statistics on October 7, 2011, the estimated three month average, seasonally adjusted total unemployment rate for the Virgin Islands rose to exceed the 8.5% threshold to trigger ``on'' in Tier Four of the EUC08 program. The payable period for the Virgin Islands in Tier Four of EUC began October 23. As a result, the maximum potential duration of 47 weeks will increase to a maximum potential duration of 53 weeks in the EUC08 program. Based on data released by the Bureau of Labor Statistics on August 19, the three month average, seasonally adjusted total unemployment rate for West Virginia fell below the 8.5% threshold to remain ``on'' in Tier Four of the EUC08 program. The week ending September 10, 2011 was the last week in which EUC claimants in West Virginia could exhaust Tier 3, and establish Tier Four eligibility. Under the phase-out provisions, claimants who were in Tier Four can receive any remaining entitlement they have in Tier Four after September 10, 2011; for all other claimants the maximum potential duration is 47 weeks in the EUC08 program. Based on data released by the Bureau of Labor Statistics on August 19, the three month average, seasonally adjusted total unemployment rate for Wyoming fell below the 6.0% threshold to remain ``on'' in Tier Three of the EUC08 program. The week ending September 10, 2011 was the last week in which EUC claimants in Wyoming could exhaust Tier Two, and establish Tier Three eligibility. Under the phase-out provisions, claimants who were in Tier Three can receive any remaining entitlement they had in Tier Three after September 10, 2011; for all other claimants the maximum potential duration is 34 weeks in the EUC08 program.
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