Complex (Medium-Hard) Flashcards
Why might a Department of Labor partial certification happen?
This partial certification might happen because employers must engage in positive recruitment, which means if a U.S. employee applies during the recruitment period, they must accept the U.S. applicants from all sources. If the U.S. worker becomes unavailable then that employer can submit an appeal.
What is a DOL- Department of Labor partial certification?
Partial certification is when the DOL reduces the number of approved H2B workers for each U.S. employee that fills that some position.
Who is protected by the ¾ Guarantee?
U.S. workers and H2B workers. It protects U.S. employees by making sure they are given a minimum set of hours by their employer and to prevent employers from giving more hours to H2B workers. It also protects the H2B workers by making sure they are given a minimum set of hours.
Define corresponding employment
The employment of any U.S. workers in a job position that includes substantially the same work included in the job order, or substantially the same work performed by H-2B workers. This means that the performance of incidental overlapping duties is insufficient to make a U.S. worker “corresponding”; the duties must have substantial overlap in order to qualify. To qualify as corresponding employment, the work must be performed during the period of the job order, including any approved extension thereof.
Does an employer have the option to give a raise? which does maslabor put on the enrollment document, yes or no, Why?
They do have the option and maslabor puts yes because if they put no and the employer wants to give a raise, then they cannot do so. No way around saying an initial no but yes leaves the option for a raise available.
Why can an employer not have their crew work all over the state? For instance, in Pennsylvania?
Due to MSA Metropolitan Statistical Area, the worker needs to be within a reasonable time frame from worksite.
Why is it better for an employer to put 40 hours per week in the job order rather than 50 hours?
The Department of Labor will potentially question any hours outside of the normal work hours (40hrs) which will delay application. This will also protect them from an audit and a smoother application process.
Why is it best for an employer to list that overtime is available for H-2B workers?
If the need for overtime arises because the job was not done within normal work hours, you cannot have your workers work overtime if not listed in the Job Order. It is best to list that overtime is available and not use it than to need it but it not be available.
