Are landscape workers permitted to perform activities that involve construction of pathways and patios?
The current Occupational Information Network (O*NET) description states that landscape workers may perform installation of mortar-less segmental concrete masonry wall units. Therefore, landscape laborers may construct pathways and patios that do not involve the laying of the masonry with mortar. If the employer wishes to employ landscape workers to construct pathways and patios involving mortar, the employer is essentially searching for an H-2B worker to perform a combination of duties. In this instance, the employer may employ an H-2B worker to perform a combination of job duties as long as the employer can prove that: (1) the employer has normally employed workers with these combination of duties in the occupation; (2) workers customarily perform these combination of duties in the area of intended employment; or (3) requiring the combination of duties is a business necessity. Additionally, the employer will be required to pay the salary that is the higher of the salaries of the two p
