Section by Section Summary of the Border Security ... - Siskind, Susser

written disclosure of employment terms, information submitted to the state workforceagency and the record of US workers who have applied and the results.Portability – Once an employer has submitted a petition for W-2 and W-3 workers, a W agworker in the US can begin employment with the new employer.Recruiting –Employers must list jobs for 60 days with the local office of the state workforce agency andauthorize the posting on America’s Job Bank or something similar for 45 days. Employersmust keep records of US applicants who are eligible, able, willing and qualified for the workand must show that employment was offered to such workers if they are equally or betterqualified. Preference over W-2 and W-3 workers is also to be made for blue card workers.Employers may also hire H-2A workers if they worked for 3 of 4 years in the periodpreceding termination of the H-2A program and the employer pays the “adverse effectwage rate”.Employers may not have displaced US workers in the preceding 30 days. Employers cannotbring on W-2 andW-3 workers if there is a labor dispute in progress.Employers offering contracts must guarantee employment for the hourly equivalent of atleast 75% of the work days of the total period of employment. If a worker can’t performbecause of a disaster or other reason beyond the control of the employer, the employermay terminate the worker’s employment and the employer must pay the worker for thedays elapsed from the first work day after the arrival of the worker. The employer shouldtry to help with transferring the employee or assisting with return transportation home if atransfer does not take place.Employers are required to provide workers compensation insurance at no cost to theworker and shall provide benefits at least equal to those provided under state law forcomparable employment.Deductions from wages are only permitted if they are authorized by law or are reasonableand customary in the occupation and area of employment of the worker.Employers must provide housing that meets Federal standards for temporary labor campsor applicable local standards for rental or public accommodation housing or other similarhousing. If the employer arranges public housing, the employer shall pay the landlorddirectly. Workers who damage their housing are responsible for the reasonable cost ofrepairing the damage.Employers may also provide a “reasonable housing allowance” instead of arranging forhousing, but the employer should assist the employee in locating suitable housing. Theallowance cannot be used for housing that is owned or controlled by the employer.Contract workers can only get a housing allowance if the Governor of the state certifies toDHS that there is adequate housing available in the area of intended employment. Thecertification must be updated at least every three years. If an allowance is provided in anonmetropolitan county, the amount of the allowance must be the average fair marketrental for existing housing in nonmetropolitan counties in the state, as determined by HUDbased on a 2 bedroom unit and an assumption of 2 persons per bedroom. In metropolitancounties, the amount shall be the average fair market rental for housing in that particularmetro area for a 2 bedroom unit (2 persons per bedroom).