Wolfsdorf Rosenthal LLP

H-2A/H-2B: DOL Withdraws Interpretation of FLSA On Relocation Expenses


Effective March 26, 2009, the Department of Labor (DOL or the Department) withdrew an interpretation of the Fair Labor Standards Act (FLSA) published on December 18 and 19, 2008. The interpretation had said that the FLSA and its implementing regulations do not require employers to reimburse workers under the H-2A and H-2B nonimmigrant visa programs, respectively, for relocation expenses even when such costs result in the workers being paid less than the minimum wage. The Department withdrew this interpretation for further consideration and it “may not be relied upon as a statement of agency policy.”

The withdrawal notice, which was published in the Federal Register on March 26, 2009, is available here.

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