Groups battle over H-2B retroactive wage increase

AmericanHort commented to Department of Labor officials that the law does not provide for retroactive increases.


In early March, AmericanHort filed a “friend of the court” brief in H-2B program-related litigation in federal court in Pennsylvania, according to Craig Regelbrugge, senior vice president of Industry Advocacy & Research at AmericanHort. The brief was filed jointly with the H-2B Providers’ Coalition.

The case involves an attempt by the Department of Labor (DOL) and certain worker advocate groups to retroactively increase wages that H-2B landscapers must pay to their H-2B workers. AmericanHort pointed out that DOL’s administrative law judges rejected DOL’s position and that the law did not provide for retroactive increases.

"This case is extremely important with respect to preserving the only legal worker visa program available to many of our members when they are unable to recruit and retain a sufficient seasonal labor force,"  Regelbrugge said.

Watch for updates at www.AmericanHort.org.