80 FR 9482 - Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2015 Allowable Charges for Agricultural Workers' Meals and Travel Subsistence Reimbursement, Including Lodging
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 80, Issue 35 (February 23, 2015)
Employment and Training Administration
Federal Register Volume 80, Issue 35 (February 23, 2015)
| Page Range | 9482-9483 | |
| FR Document | 2015-03596 |
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)] [Notices] [Pages 9482-9483] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03596] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2015 Allowable Charges for Agricultural Workers' Meals and Travel Subsistence Reimbursement, Including Lodging AGENCY: Employment and Training Administration, Department of Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Notice to announce (1) the allowable charges for 2015 that employers seeking H-2A workers may charge their workers when the employer provides three meals a day, and (2) the maximum travel subsistence meal reimbursement that a worker with receipts may claim in 2015. The Notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence. DATES: Effective Date: This notice is effective on February 23, 2015. FOR FURTHER INFORMATION CONTACT: William W. Thompson, Acting Administrator, Office of Foreign Labor Certification (OFLC), U.S. Department of Labor, Room C-4312, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: 202-693-3010 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The United States (U.S.) Citizenship and Immigration Services of the Department of Homeland Security will not approve an employer's petition for the admission of H-2A nonimmigrant temporary agricultural workers in the U.S. unless the petitioner has received from the Department an H-2A labor certification. The H-2A labor certification provides that: (1) there are not sufficient U.S. workers who are able, willing, and qualified, and who will be available at the time and place needed to perform the labor or services involved in the petition; and (2) the employment of the foreign worker(s) in such labor or services will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5). Allowable Meal Charge Among the minimum benefits and working conditions that the Department requires employers to offer their U.S. and H-2A workers are three meals a day or free and convenient cooking and kitchen facilities. 20 CFR 655.122(g). Where the employer provides the meals, the job offer must state the charge, if any, to the worker for such meals. Id. The Department provides, at 20 CFR 655.173(a), the methodology for determining the maximum amounts that H-2A agricultural employers may charge their U.S. and foreign workers for providing them with three meals per day during employment. This methodology provides for annual adjustments of the previous year's maximum allowable charge based upon updated Consumer Price Index (CPI) data. The maximum charge allowed by 20 CFR 655.173(a) is adjusted by the same percentage as the 12-month percent change in the CPI for all Urban Consumers for Food (CPI-U for Food).\1\ The OFLC Certifying Officer may also permit an employer to charge workers a higher amount for providing them with three meals a day, if the higher amount is justified and sufficiently documented by the employer, as set forth in 20 CFR 655.173(b). --------------------------------------------------------------------------- \1\ Consumer Price Index--December 2014, published January 16, 2015 at http://data.bls.gov/pdq/SurveyOutputServlet --------------------------------------------------------------------------- The Department has determined that the percentage change between December of 2013 and December of 2014 for the CPI-U for Food was 2.4 percent. Accordingly, the maximum an employer is allowed to charge under 20 CFR 655.122(g) shall be no more than $11.86 per day, unless the OFLC Certifying Officer approves a higher charge for a specific employer as authorized under 20 CFR 655.173(b). Reimbursement for Daily Travel Subsistence The regulations at 20 CFR 655.122(h) establish that the minimum daily travel subsistence expense for meals, to which a worker is entitled to reimbursement, must be at least as much as the employer would charge for providing the worker with three meals a day during employment (if applicable), but in no event less than the amount [[Page 9483]] permitted under Sec. 655.173(a), i.e. the charge annually adjusted by the 12-month percentage change in CPI-U for Food. The Department determines the maximum meals component of the daily travel subsistence expense on the standard minimum Continental United States (CONUS) per diem rate as established by the General Services Administration (GSA) at 41 CFR part 301, formerly published in Appendix A, and now found at www.gsa.gov/perdiem. The CONUS minimum meals component remains $46.00 per day for 2015.\2\ Workers who qualify for travel reimbursement are entitled to reimbursement for meals up to the CONUS meal rate when they provide receipts. In determining the appropriate amount of reimbursement for meals for less than a full day, the employer may provide for meal expense reimbursement, with receipts, to 75 percent of the maximum reimbursement for meals of $34.50, as provided for in the GSA per diem schedule. If a worker has no receipts, the employer is not obligated to reimburse above the minimum stated at 20 CFR 655.173(a) as specified above. --------------------------------------------------------------------------- \2\ Maximum Per Diem Rates for the Continental United States (CONUS), 79 FR 48168 (August. 15, 2014); see also www.gsa.gov/perdiem. --------------------------------------------------------------------------- The term ``subsistence'' includes both meals and lodging during travel to and from the worksite. Therefore, an employer is responsible for providing (either paying in advance or reimbursing a worker) the reasonable costs of transportation and daily subsistence between the employer's worksite and the place from which the worker comes to work for the employer, if the worker completes 50 percent of the work contract period. Upon the worker completing the contract, the employer is obligated to pay the return costs. In those instances where a worker must travel to obtain a visa so that the worker may enter the U.S. to come to work for the employer, the employer must pay for the transportation and daily subsistence costs of that part of the travel as well. As the Department has stated before, we interpret the regulation to require the employer to assume responsibility for the reasonable costs associated with the worker's travel, including transportation, food, and, in those instances where it is necessary, lodging. The minimum and maximum daily travel meal reimbursement amounts are established above. If transportation and lodging are not provided by the employer, the amount an employer must pay for transportation and, where required, lodging, must be no less than (and is not required to be more than) the most economical and reasonable costs. The employer is responsible for those costs necessary for the worker to travel to the worksite if the worker completes 50 percent of the work contract period, but is not responsible for unauthorized detours, and if the worker completes the contract the employer is further responsible for return transportation and subsistence costs, including lodging costs where necessary. This policy also applies to instances where the worker is traveling within the U.S. to the employer's worksite. For further information on when the employer is responsible for transportation, lodging and meal costs, please see the Department's H- 2A Frequently Asked Questions on Travel and Daily Subsistence, which may found on the OFLC Web site: http://www.foreignlaborcert.doleta.gov/. Portia Wu, Assistant Secretary, Employment and Training Administration. [FR Doc. 2015-03596 Filed 2-20-15; 8:45 am] BILLING CODE 4510-FP-P
![9482 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices
collection of information that does not Total Estimated Annual Time Burden: to perform the labor or services involved
display a valid Control Number. See 5 400 hours. in the petition; and (2) the employment
CFR 1320.5(a) and 1320.6. The DOL Total Estimated Annual Other Costs of the foreign worker(s) in such labor or
obtains OMB approval for this Burden: $0. services will not adversely affect the
information collection under Control Authority: 44 U.S.C. 3507(a)(1)(D). wages and working conditions of
Number 1205–0398. workers in the U.S. similarly employed.
OMB authorization for an ICR cannot Dated: February 12, 2015.
8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1),
be for more than three (3) years without Michel Smyth, and 1188(a); 8 CFR 214.2(h)(5).
renewal, and the current approval for Departmental Clearance Officer.
this collection is scheduled to expire on [FR Doc. 2015–03561 Filed 2–20–15; 8:45 am]
Allowable Meal Charge
February 28, 2015. The DOL currently BILLING CODE 4510–FN–P Among the minimum benefits and
seeks to extend PRA authorization for working conditions that the Department
this information collection, without any requires employers to offer their U.S.
change to existing requirements. The DEPARTMENT OF LABOR and H–2A workers are three meals a day
DOL notes that existing information or free and convenient cooking and
collection requirements submitted to the Employment and Training kitchen facilities. 20 CFR 655.122(g).
OMB receive a month-to-month Administration Where the employer provides the meals,
extension while they undergo review. the job offer must state the charge, if
Labor Certification Process for the
For additional substantive information any, to the worker for such meals. Id.
Temporary Employment of Aliens in The Department provides, at 20 CFR
about this ICR, see the related notice
Agriculture in the United States: 2015 655.173(a), the methodology for
published in the Federal Register on
Allowable Charges for Agricultural determining the maximum amounts that
September 10, 2014 (79 FR 53786).
Workers’ Meals and Travel H–2A agricultural employers may
Interested parties are encouraged to
Subsistence Reimbursement, charge their U.S. and foreign workers for
send comments to the OMB, Office of
Including Lodging providing them with three meals per
Information and Regulatory Affairs at
the address shown in the ADDRESSES AGENCY: Employment and Training day during employment. This
section within thirty (30) days of Administration, Department of Labor. methodology provides for annual
publication of this notice in the Federal ACTION: Notice. adjustments of the previous year’s
Register. In order to help ensure maximum allowable charge based upon
appropriate consideration, comments SUMMARY: The Employment and updated Consumer Price Index (CPI)
should mention OMB Control Number Training Administration (ETA) of the data. The maximum charge allowed by
1205–0398. The OMB is particularly Department of Labor (Department) is 20 CFR 655.173(a) is adjusted by the
interested in comments that: issuing this Notice to announce (1) the same percentage as the 12-month
• Evaluate whether the proposed allowable charges for 2015 that percent change in the CPI for all Urban
collection of information is necessary employers seeking H–2A workers may Consumers for Food (CPI–U for Food).1
for the proper performance of the charge their workers when the employer The OFLC Certifying Officer may also
functions of the agency, including provides three meals a day, and (2) the permit an employer to charge workers a
whether the information will have maximum travel subsistence meal higher amount for providing them with
practical utility; reimbursement that a worker with three meals a day, if the higher amount
• Evaluate the accuracy of the receipts may claim in 2015. The Notice is justified and sufficiently documented
agency’s estimate of the burden of the also includes a reminder regarding by the employer, as set forth in 20 CFR
proposed collection of information, employers’ obligations with respect to 655.173(b).
including the validity of the overnight lodging costs as part of The Department has determined that
methodology and assumptions used; required subsistence. the percentage change between
• Enhance the quality, utility, and DATES: Effective Date: This notice is December of 2013 and December of
clarity of the information to be effective on February 23, 2015. 2014 for the CPI–U for Food was 2.4
collected; and FOR FURTHER INFORMATION CONTACT: percent. Accordingly, the maximum an
• Minimize the burden of the employer is allowed to charge under 20
William W. Thompson, Acting
collection of information on those who CFR 655.122(g) shall be no more than
Administrator, Office of Foreign Labor
are to respond, including through the $11.86 per day, unless the OFLC
Certification (OFLC), U.S. Department of
use of appropriate automated, Certifying Officer approves a higher
Labor, Room C–4312, 200 Constitution
electronic, mechanical, or other charge for a specific employer as
Avenue NW., Washington, DC 20210.
technological collection techniques or authorized under 20 CFR 655.173(b).
Telephone: 202–693–3010 (this is not a
other forms of information technology,
toll-free number). Reimbursement for Daily Travel
e.g., permitting electronic submission of
responses. SUPPLEMENTARY INFORMATION: Subsistence
Agency: DOL–ETA. The United States (U.S.) Citizenship The regulations at 20 CFR 655.122(h)
Title of Collection: Planning Guidance and Immigration Services of the establish that the minimum daily travel
and Instructions for Strategic State Plan Department of Homeland Security will subsistence expense for meals, to which
and Plan Modifications Submission for not approve an employer’s petition for a worker is entitled to reimbursement,
Workforce Investment Act Title I and the admission of H–2A nonimmigrant must be at least as much as the
Wagner-Peyser Act. temporary agricultural workers in the
Rmajette on DSK2VPTVN1PROD with NOTICES
employer would charge for providing
OMB Control Number: 1205–0398. U.S. unless the petitioner has received the worker with three meals a day
Affected Public: State, Local, and from the Department an H–2A labor during employment (if applicable), but
Tribal Governments. certification. The H–2A labor in no event less than the amount
Total Estimated Number of certification provides that: (1) there are
Respondents: 10. not sufficient U.S. workers who are able, 1 Consumer Price Index—December 2014,
Total Estimated Number of willing, and qualified, and who will be published January 16, 2015 at http://data.bls.gov/
Responses: 10. available at the time and place needed pdq/SurveyOutputServlet
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![Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices 9483
permitted under § 655.173(a), i.e. the required, lodging, must be no less than email: Carol.Gallagher@nrc.gov. For
charge annually adjusted by the 12- (and is not required to be more than) the technical questions, contact the
month percentage change in CPI–U for most economical and reasonable costs. individual listed in the FOR FURTHER
Food. The employer is responsible for those INFORMATION CONTACT section of this
The Department determines the costs necessary for the worker to travel document.
maximum meals component of the daily to the worksite if the worker completes • NRC’s Agencywide Documents
travel subsistence expense on the 50 percent of the work contract period, Access and Management System
standard minimum Continental United but is not responsible for unauthorized (ADAMS): You may obtain publicly-
States (CONUS) per diem rate as detours, and if the worker completes the available documents online in the
established by the General Services contract the employer is further ADAMS Public Documents collection at
Administration (GSA) at 41 CFR part responsible for return transportation http://www.nrc.gov/reading-rm/
301, formerly published in Appendix A, and subsistence costs, including lodging adams.html. To begin the search, select
and now found at www.gsa.gov/ costs where necessary. This policy also ‘‘ADAMS Public Documents’’ and then
perdiem. The CONUS minimum meals applies to instances where the worker is select ‘‘Begin Web-based ADAMS
component remains $46.00 per day for traveling within the U.S. to the Search.’’ For problems with ADAMS,
2015.2 Workers who qualify for travel employer’s worksite. please contact the NRC’s Public
reimbursement are entitled to For further information on when the Document Room (PDR) reference staff at
reimbursement for meals up to the employer is responsible for 1–800–397–4209, 301–415–4737, or by
CONUS meal rate when they provide transportation, lodging and meal costs, email to pdr.resource@nrc.gov. The
receipts. In determining the appropriate please see the Department’s H–2A ADAMS accession number for each
amount of reimbursement for meals for Frequently Asked Questions on Travel document referenced in this document
less than a full day, the employer may and Daily Subsistence, which may (if that document is available in
provide for meal expense found on the OFLC Web site: http:// ADAMS) is provided the first time that
reimbursement, with receipts, to 75 www.foreignlaborcert.doleta.gov/. a document is referenced.
percent of the maximum reimbursement • NRC’s PDR: You may examine and
Portia Wu, purchase copies of public documents at
for meals of $34.50, as provided for in
the GSA per diem schedule. If a worker Assistant Secretary, Employment and the NRC’s PDR, Room O1–F21, One
Training Administration. White Flint North, 11555 Rockville
has no receipts, the employer is not
obligated to reimburse above the [FR Doc. 2015–03596 Filed 2–20–15; 8:45 am] Pike, Rockville, Maryland 20852.
minimum stated at 20 CFR 655.173(a) as BILLING CODE 4510–FP–P FOR FURTHER INFORMATION CONTACT:
specified above. James Kim, Office of Nuclear Reactor
The term ‘‘subsistence’’ includes both Regulation; U.S. Nuclear Regulatory
meals and lodging during travel to and NUCLEAR REGULATORY Commission, Washington, DC 20555–
from the worksite. Therefore, an COMMISSION 0001; telephone: 301–415–4125; email:
employer is responsible for providing [Docket No. 50–271; NRC–2015–0034]
James.Kim@nrc.gov.
(either paying in advance or I. Background
reimbursing a worker) the reasonable Entergy Nuclear Operations, Inc.,
costs of transportation and daily Vermont Yankee Nuclear Power Entergy is the holder of Renewed
subsistence between the employer’s Station Facility Operating License No. DPR–28.
worksite and the place from which the The license provides, among other
worker comes to work for the employer, AGENCY: Nuclear Regulatory things, that the facility is subject to all
if the worker completes 50 percent of Commission. rules, regulations, and orders of the NRC
the work contract period. Upon the ACTION: Exemption; issuance. now or hereafter in effect. The facility
worker completing the contract, the consists of a boiling-water reactor
SUMMARY: The U.S. Nuclear Regulatory located in Windham County, Vermont.
employer is obligated to pay the return Commission (NRC) is issuing an
costs. In those instances where a worker By letter dated January 12, 2015,
exemption in response to a October 31, (ADAMS Accession No. ML15013A426),
must travel to obtain a visa so that the 2013, request from Entergy Nuclear
worker may enter the U.S. to come to Entergy submitted to the NRC the
Operations, Inc. (Entergy or the certification, in accordance with Section
work for the employer, the employer licensee), from certain regulatory
must pay for the transportation and 50.82(a)(1)(i) and 50.82(a)(1)(ii) of Title
requirements. The exemption would 10 of the Code of Federal Regulations
daily subsistence costs of that part of the remove the requirement that a licensed
travel as well. (10 CFR), indicating it permanently
senior operator approve the emergency ceased power operations and that the
As the Department has stated before,
suspension of security measures for VY reactor vessel was permanently
we interpret the regulation to require
Vermont Yankee Nuclear Power Station defueled.
the employer to assume responsibility
(VY) during certain emergency
for the reasonable costs associated with II. Request/Action
conditions or during severe weather.
the worker’s travel, including
transportation, food, and, in those ADDRESSES: Please refer to Docket ID On October 31, 2013 (ADAMS
instances where it is necessary, lodging. NRC–2015–0034 when contacting the Accession No. ML13317A077), the
The minimum and maximum daily NRC about the availability of licensee requested an exemption from
travel meal reimbursement amounts are information regarding this document. 10 CFR 73.55(p)(1)(i) and 73.55(p)(1)(ii),
You may obtain publicly-available pursuant to 10 CFR 73.5, ‘‘Specific
Rmajette on DSK2VPTVN1PROD with NOTICES
established above. If transportation and
lodging are not provided by the information related to this document exemptions.’’ Section 73.55(p)(1)(i) and
employer, the amount an employer must using any of the following methods: 73.55(p)(1)(ii) require, in part, that the
pay for transportation and, where • Federal Rulemaking Web site: Go to suspension of security measures during
http://www.regulations.gov and search certain emergency conditions or during
2 Maximum Per Diem Rates for the Continental for Docket ID NRC–2015–0034. Address severe weather be approved by a
United States (CONUS), 79 FR 48168 (August. 15, questions about NRC dockets to Carol licensed senior operator. The exemption
2014); see also www.gsa.gov/perdiem. Gallagher; telephone: 301–415–3463; request relates solely to the licensing
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Document Created: 2015-12-18 13:28:31
Document Modified: 2015-12-18 13:28:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | William W. Thompson, Acting Administrator, Office of Foreign Labor Certification (OFLC), U.S. Department of Labor, Room C-4312, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: 202-693-3010 (this is not a toll-free number). | |
| FR Citation | 80 FR 9482 |
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