AILA provides a series of 12 charts comparing President Biden’s accomplishments 100 days after entering office with the comprehensive recommendations AILA presented to the president.View All
AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
AILA Doc. No. 20122400 | Dated January 15, 2021 | File Size: 638 KDownload the Document
DOL OFLC provided additional updates on the implementation of the H-2A Adverse Effect Wage Rate Methodology for Non-Range Occupations Final Rule. On January 12, 2021, the U.S. District Court for the Eastern District of California issued a supplemental order in United Farm Workers, et al. v. DOL, et. al., requiring DOL to publish the adverse effect wage rates (AEWR) for 2021 in the Federal Register on or before February 25, 2021, using the methodology set forth in the 2010 rule, and to make those AEWRs effective upon their publication. Additionally, the court ordered DOL to notify all state workforce agencies (SWAs), employers, and the general public that the AEWRs in effect on December 20, 2020, will remain in effect during the interim period until DOL publishes 2021 AEWRs in the Federal Register. The court reserved decision on whether an award of backpay is warranted based on the difference, if any, between the 2020 AEWRs and the final 2021 AEWRs.
In response to a 12/23/20 district court order in United Farm Workers, et al. v. DOL, et. al., that enjoined DOL from implementing the DOL Final Rule on Adverse Effect Wage Rate (AEWR) methodology for non-range H-2As (85 FR 70445), OFLC announced that H-2A job orders filed on or after 12/21/20 must use the AEWRs in effect on 12/20/20.
The plaintiffs, United Farm Workers (UFW) and UFW Foundation, filed a complaint seeking the following relief:
[[To print the PDF on this page please use the print function in the PDF reader.]]
Cite as AILA Doc. No. 20122400.Open the Document
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-2021
American Immigration Lawyers Association.
AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.