C.F.R.
»
Title 20
» CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR › PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES › Subpart B—Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers)
The employer must contact, by mail or other effective means, U.S. workers employed by the employer in the occupation at the place of employment during the previous year and solicit their return to the job. This contact must occur during the period of time that the job order is being circulated by the SWA(s) for interstate clearance under § 655.150 and before the date specified in § 655.158. Documentation sufficient to prove contact must be maintained in the event of an audit or investigation. An employer has no obligation to contact U.S. workers it terminated for cause or who abandoned employment at any time during the previous year if the employer provided timely notice to the NPC of the termination or abandonment in the manner described in § 655.122(n).
Notes of Decisions
Bacilio Ruiz Torres v. Mercer Canyons Inc., 835 F.3d 1125 (9th Cir. 2016).
“” 20 C.F.R. § 655.153 . This regulation corresponds to the portion of the class definition that includes those “employed as vineyard workers by Mercer Canyons in 2012.”
Hernandez v. Siri & Son Farms (D. Or. 2021).
“” 20 C.F.R. § 655.153 . Further, under the fifty percent rule, “the employer must provide employment to any qualified, eligible U.”
Carvajal v. Cal Farms, Inc. (D. Or. 2023).
“" 20 C.F.R. § 655.153 . Further, under the fifty percent rule, "the employer must provide employment to any qualified, eligible U.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.