The proposed suspension of the final rule will appear in the Federal Register on March 17. The final rule appeared in the Federal Register on December 18, 2008, and took effect on January 17, 2009.

The Secretary of Labor, Hilda L. Solis stated "Because many stakeholders have raised concerns about the H-2A regulations, this proposed suspension is the prudent and responsible action to take. Suspending the rule would allow the department to review and reconsider the regulation, while minimizing disruption to state workforce agencies, employers and workers."

The Department of Labor (DOL) also announced that its Office of Foreign Labor Certification would continue to accept and process H-2A applications during the proposed suspension period.

COUNSEL TO MANAGEMENT:

The proposed suspension of the H-2A Final Rule is not surprising. The DOL made the announcement within hours of Hilda L. Solis being sworn in as Secretary of Labor. Solis and the Obama administration are sympathetic towards labor. The Final Rule has been highly criticized by labor advocates as being detrimental to workers and inconsistent with immigration laws.

It is unclear when the DOL's proposed suspension of the H-2A Final Rule would take effect. We will continue to keep you updated.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with The Saqui Law Group at (831) 443-7100 in Salinas.