I filed an H-2B application for work that starts in 2011, and continues into 2012. Which rule applies to my wages?
As indicated in the Preamble of the H-2B Wage Methodology Final Rule, the new wage methodology will apply to all work performed on or after January 1, 2012. Therefore, if an employer’s certified period of employment begins in 2011, and continues past January 1, 2012, the employer will initially be required to pay the prevailing wage consistent with a prevailing wage determination (PWD) issued by the National Prevailing Wage Center under the old prevailing wage methodology for all work performed up to, but before, January 1, 2012. The employer will also be required to pay the prevailing wage consistent with a PWD issued under the new prevailing wage methodology for all work that occurs on and after January 1, 2012. The Department will issue guidance and provide details regarding the process for obtaining an updated PWD.
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