Federal Appeals Court Rules that Pay Disparity Between H-2A and US Workers was Unlawful

The H-2A program allows employers to certify to the Secretary of Labor that there are not sufficient domestic employees in a given place qualified and willing to perform a given service. They must also certify that wages and working conditions of domestic workers in similar positions will not be harmed. Part of this means that domestic workers in similar positions must also receive the adverse effect wage as well as those in” corresponding employment.”

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