Employer-provided Wage Surveys Barred in H-2B Prevailing Wage Determinations: Third Circuit | Practical Law
In Comite' De Apoyo A Los Trabajadores Agricolas v. Perez, the US Court of Appeals for the Third Circuit dismissed the district court's judgment holding that the case was not ripe for review, and issued a decision vacating the portion of the H-2B wage rule and the DOL's 2009 Wage Guidance permitting the use of employer-provided surveys in prevailing wage determinations as arbitrary and capricious.