WASHINGTON, DC – U.S. Secretary of Labor Alexander Acosta today issued the following statement regarding Veterans Day:

“Today, our nation honors the service and sacrifice of America’s proud veterans. Americans are forever grateful for the bravery and patriotism of the men and women who have defended our nation and the freedoms we cherish. As we recognize the selfless service of our veterans, the Trump Administration is committed to helping all veterans access good, safe, family-sustaining jobs. The skills and leadership veterans bring to the workplace help make the American workforce the greatest in the world.”

WASHINGTON, DC – To make it easier for Americans to find and fill open jobs, the U.S. Department of Labor today announced a proposal for employers seeking temporary labor certifications through the H-2B and H-2A visa programs to advertise jobs online. 

Under current rules, an employer advertising a job for which it seeks a temporary labor certification must publish two print advertisements in a newspaper of general circulation in the area of intended employment. To modernize this recruitment and make job opportunities more readily available to Americans, the Department of Labor and the U.S. Department of Homeland Security are proposing a rule that would require employers seeking temporary labor certifications through the H-2B visa program to post job advertisements online for at least 14 days.

The Department of Labor is simultaneously proposing a similar rule for temporary labor certifications through the H-2A visa program for agricultural workers.

By increasing the accessibility of advertisements to Americans, these proposals bring H-2B and H-2A visa programs in line with the modern recruitment practices of employers and the job-seeking practices of American workers. With Internet-based advertising, American job seekers in the intended employment area and across the nation can more easily identify available job opportunities. Additionally, the longer posting period of 14 days would give American workers more time to learn of job opportunities. The proposed rules may also reduce employers' recruitment costs.

As part of its labor certification responsibilities, the Department of Labor's Employment and Training Administration's Office of Foreign Labor Certification is required to determine whether American workers are available to perform the jobs for which employers seek foreign workers. The Department determines the availability of American workers, in part, by requiring employer applicants for foreign labor certification to actively recruit American workers.

The Notice of Proposed Rulemaking comment period will end on December 10, 2018.  

WASHINGTON, DC – U.S. Secretary of Labor Alexander Acosta today issued the following statement regarding the October 2018 Employment Situation report:

"The October jobs report showed another booming month of job creation. With 250,000 new jobs added, we have a total of 4.5 million new jobs since November 2016. Jobs were added across all industries.  Employment hit a record high of 156,562,000.

"For the second straight month, the unemployment rate is 3.7%, the lowest rate since 1969. For six months this year, the unemployment rate has been under 4.0%. Continuing to set records under President Trump, the unemployment rate for Hispanic Americans was the lowest ever.

"Over the past year, we have had the largest increase in average hourly earnings since 2009. It is encouraging to see that Americans are seeing more in their paychecks as job creators compete for the best talent in the workforce.

"The October jobs report added more positive news to the soaring Trump economy.  Gross Domestic Product for the third quarter was 3.5% and consumer confidence is the highest in more than 18 years. This week, the White House announced that over 6 million Americans will receive workforce education as a result of the President's Pledge to America's Workers. Investing in the American workforce will continue to build great returns for our nation.

"Parts of the United States continue to recover from devastation caused by Hurricane Florence and Hurricane Michael. The Department of Labor is working closely with impacted states to help dislocated workers get back to work as quickly as possible."

WASHINGTON, DC – U.S. Secretary of Labor Alexander Acosta issued the following statement today regarding National Native American Heritage Month:

"During National Native American Heritage Month, we celebrate the rich history and traditions of American Indians and Alaska Natives. With pride in their heritage, Native Americans lift up our nation each day, contributing to the strength and vibrancy of our economy, civic and educational institutions, culture, and public life. As we honor Native Americans, President Trump's Administration is committed to opening more opportunity for American Indians and Alaska Natives."

WASHINGTON, DC – As the U.S. Department of Labor continues efforts to confront visa program fraud and abuse, the Department announced that it will publish updates to the H-1B Labor Condition Application (Form ETA-9035) and worker complaint form (Form WH-4). These changes are intended to improve H-1B program compliance and promote greater transparency regarding the employment of foreign temporary workers.

The Labor Condition Application form updates will require employers to provide more detailed information about H-1B worker employment conditions, including:

• Disclosing all places of employment for H-1B workers, including periods of short duration.
• Providing the estimated number of H-1B workers at each place of intended employment.
• Requiring the clear identification of secondary entities who are using H-1B workers.
• Requiring H-1B dependent employers who are claiming an exemption solely on the basis of education, such as a master's degree, to provide documentation of the degree.

Revisions to the worker complaint form include added data fields designed to better describe the nature of an alleged program violation.

To allow appropriate time for transition, the new forms will be made available for use in the coming weeks. An announcement will be made on the Office of Foreign Labor Certification's website identifying the date when they will be made available. 

Since 2017, the Department of Labor has taken action to combat visa fraud and abuse and encourage U.S. workers to report complaints, including:

• Established protocols for promptly referring matters related to criminal fraud to the Department's Office of Inspector General for investigation.
• Directed the Department's Wage and Hour Division to use all its tools in conducting civil investigations to enforce labor protections provided by the visa programs.
• Signed an agreement with the U.S. Department of Justice to promptly refer complaints from U.S. workers who believe they have been discriminated against based on nationality or citizenship.

To learn more about the H-1B program and to access the Labor Condition Application, please visit the Office of Foreign Labor Certification website at https://www.foreignlaborcert.doleta.gov/.  To learn more about reporting H-1B program violations and to access the complaint form, please visit the Wage and Hour Division website at https://www.dol.gov/whd/. 

PANAMA CITY, FL – U.S. Secretary of Labor Alexander Acosta met today with job creators and workers in a roundtable discussion with the Panama City Beach Chamber of Commerce and the Bay County Chamber of Commerce as the region recovers from Hurricane Michael. Secretary Acosta then visited a FEMA Center in Mexico Beach that works to sign-up local residents for recovery assistance.

"I appreciated the opportunity to hear directly from local job creators, workers, and community leaders as Florida assesses its workforce needs as the state recovers from Hurricane Michael. President Trump and this Administration are committed to helping Floridians recover as quickly as possible."

BAINBRIDGE, GA – U.S. Secretary of Labor Alexander Acosta met today with job creators and workers in Georgia who are recovering from Hurricane Michael. During a visit to Bainbridge, he participated in a roundtable discussion with members of the Bainbridge-Decatur Chamber of Commerce.

"President Trump is committed to helping Georgians recover from Hurricane Michael as quickly as possible. I appreciated the opportunity to hear directly from job creators, workers, and community leaders about how the Administration can help those affected by hurricane devastation. The U.S. Department of Labor will continue to work with Georgia as the state assesses its workforce needs."

WASHINGTON, DC – The U.S. Department of Labor today announced a Notice of Proposed Rulemaking to help small businesses strengthen retirement security in America. 

The proposed rule would make it easier for small businesses to offer retirement savings plans to their workers through Association Retirement Plans, which would allow small businesses to band together to offer 401(k) plans to their employees.   

"President Donald J. Trump is moving to expand quality, affordable workplace retirement plan options for America's small businesses and their employees. Many small businesses would like to offer retirement benefits to their employees, but are discouraged by the cost and complexity of running their own plans," said U.S. Secretary of Labor Alexander Acosta. "Association Retirement Plans give these employers a simple and less burdensome way to offer valuable retirement benefits to their employees. The proposed rule helps working Americans – and their families – take care of themselves in their retirement years."

Enhancing workplace retirement savings is critical to the financial security of America's workers. Approximately 38 million private-sector employees in the United States do not have access to a retirement savings plan through their employers. Association Retirement Plans offer these workers – and their families – enhanced savings opportunities. 

Under the proposed rule, Association Retirement Plans could be offered by associations of employers in a city, county, state, or a multi-state metropolitan area, or in a particular industry nationwide. Sole proprietors, as well as their families, would also be permitted to join such plans. In addition to association sponsors, the plans could also be sponsored through Professional Employer Organizations (PEO). A PEO is a human-resource company that contractually assumes certain employment responsibilities for its client employers. 

By expressly permitting these new plan arrangements, the proposal would enable small businesses to offer benefit packages comparable to those offered by large employers. The Department expects the plans to reduce administrative costs through economies of scale and to strengthen small businesses' hand when negotiating with financial institutions and other service providers.

WASHINGTON, DC – As part of its commitment to state and local partners facing a serious impact by Hurricane Michael, the U.S. Department of Labor today announced it is ready to make available National Dislocated Worker Grant (DWG) funding to help Georgia assess its workforce needs.

"The Department of Labor will deploy resources to help Georgians who, as a result of Hurricane Michael, find themselves unable to work and without a paycheck," said U.S. Secretary of Labor Alexander Acosta. "The American workforce – along with our volunteers and first responders – is the greatest in the world.  As we did during last year's destructive hurricane season, Americans will come together to rebuild their communities.  The Department of Labor is here to help ensure the safety and stability of Georgians along the way."

DWG funding will be made available to impacted counties to supplement state and local response and recovery efforts. The Department is monitoring the situation to ensure it is doing everything it can to help Georgians and the mobility of the workforce.

As the severity and geographical extent of the damage becomes known, the Department will monitor activities and take additional actions as necessary.

Supported by the Workforce Innovation and Opportunity Act of 2014, DWGs temporarily expand the service capacity of dislocated worker training and employment programs at the state and local levels by providing funding assistance in response to large, unexpected economic events that cause significant job losses.

WASHINGTON, DC – The U.S. Department of Labor today announced actions it is taking to assist Americans in states affected by Hurricane Michael.

"The Department of Labor is actively engaged in Administration-wide efforts to help those impacted by Hurricane Michael," said U.S. Secretary of Labor Alexander Acosta. "As Americans come together to help each other, the Department of Labor is committed to supporting recovery efforts."

U.S. Department of Labor actions taken regarding Hurricane Michael include the following:

• The Employment and Training Administration (ETA) is prepared to provide Disaster Dislocated Worker Grants to help affected states assess workforce needs. The disbursement of funds will be determined as needs are assessed by state and local partners. ETA is assisting in administering Disaster Unemployment Assistance.
• The Employee Benefits Security Administration (EBSA) is coordinating with other federal agencies, including the U.S. Department of Treasury, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation, on the release of compliance guidance for employee benefit plans, and plan participants and beneficiaries, in the wake of Hurricane Michael.
• The Office of Federal Contract Compliance Programs (OFCCP) is prepared to temporarily suspend select federal contractor requirements, allowing businesses involved in hurricane relief the ability to prioritize recovery efforts.
• The Mine Safety and Health Administration (MSHA) is responding to Hurricane Michael's impact on mines, and stands ready to respond more generally with specialized equipment and personnel.
• The Veterans' Employment and Training Service (VETS) is working with its grantees to identify flexibility and additional funding needs for its programs. VETS staff is prepared to offer assistance to employers, members of the National Guard and Reserves, and members of the National Disaster Medical System and Urban Search and Rescue service who may be deployed in support of rescue and recovery operations.
• The Wage and Hour Division (WHD) will be prioritizing all calls in the affected areas to continue to provide uninterrupted service to workers and employers.
• The Office of Labor-Management Standards (OLMS) issued a special enforcement advisory that would temporarily ease reporting and other regulatory burdens on labor organizations, labor relations consultants, and employers affected by Hurricane Michael.
• The Occupational Safety and Health Administration (OSHA) is actively engaged with the Department of Homeland Security, Federal Emergency Management Administration, Environmental Protection Agency, and other federal agencies and is prepared to provide assistance.
  • Most OSHA programmed enforcement actions will cease in the affected areas and compliance assistance will be available during the recovery effort. OSHA will continue to respond to fatal workplace and life altering injuries.
  • OSHA is actively engaged with the intergovernmental response.
• Public Service Announcements – in English and Spanish – have been prepared for broadcast emphasizing the need to work safely in affected areas during recovery efforts. Other hurricane recovery safety materials are available at OSHA.gov.

The Department will continue to monitor developments regarding Hurricane Michael and take additional actions as necessary. For additional information, please visit the Department's Severe Storm and Flood Recovery Assistance webpage.