Bill Text: NJ S1792 | 2010-2011 | Regular Session | Introduced
Bill Title: Concerns certain practices related to recruitment of foreign workers for temporary employment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-05-10 - Withdrawn from Consideration [S1792 Detail]
Download: New_Jersey-2010-S1792-Introduced.html
Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen)
SYNOPSIS
Concerns certain practices related to recruitment of foreign workers for temporary employment.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain practices related to the recruitment of foreign workers for temporary employment and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. New Jersey business owners face a formidable challenge in meeting their seasonal employment needs due to the determination of the Department of Labor and Workforce Development to delay the recruitment procedures required for the certification of temporary foreign employees, known as H-2B workers.
b. Federal regulations governing H-2B labor certification state that an employer must place an active job order with the state workforce agency serving the area of intended employment no more than 120 calendar days prior to the employer's date of need for H-2B workers, and the state workforce agency must keep the job order open for a period of not less than 10 calendar days.
c. The Department of Labor and Workforce Development has determined to keep job orders in this State open for a period 30 days, thus delaying the completion of procedures necessary for the employment H-2B workers. This delay places undue hardships on business owners, and may lead to the closure of a number of New Jersey businesses.
2. Pursuant to the "Job Order" requirements of Section 655.15 (e)(1) of title 20, Code of Federal Regulations, the Department of Labor and Workforce Development shall keep a job order open for a maximum of 10 calendar days, unless otherwise directed by the federal certifying officer designated by the Office of Foreign Labor Certification.
3. This act shall take effect immediately.
STATEMENT
This bill requires the Department of Labor and Workforce Development to post a job order in connection with temporary employment of foreign workers for no more than 10 calendar days, the minimum length of time permitted under Section 655.15 (e)(1) of title 20, Code of Federal Regulations. The posting of job orders is a required part of the certification of temporary foreign employees, known as H-2B workers, in order to show that an employer is unable to find sufficient United States workers who are capable of performing the temporary work at that time and at the place where the H-2B workers are needed.
The Department of Labor and Workforce Development currently requires that job orders stay open for 30 days, thus delaying the completion of procedures necessary for the employment of H-2B workers. This delay places undue hardships on business owners, and may lead to the closure of a number of New Jersey businesses. Lowering the length of time a job order must remain open will help businesses meet their seasonal employment needs.
