Important H2B Employer Obligations: June Issue
H-2B Mobile Entertainment Employer Responsibilities
Help is HERE!!
I would suggest that every mobile entertainment employer (Carnival, Independent Rides, Food Concessions, Games) all take 5 minutes, click here and watch this OABA Video. If you have been in the H2B program for 20 years, are new to the program, or are even thinking about getting into the program, it would be beneficial to all to be reminded how the industry is framing the H2B program.
Watch the video, read the page.
AUDITS
As an employer you are aways subject to audits and reviews of your employment practices, whether you are an H2B employer or not.
As an H2B employer with additional rules, requirements and responsibilities you are subject to additional audits.
The US CIS has started their audit process of employers who filed for visas in FY24, supplemental visas either Returning Workers or Northern Central American Workers. This audit process typically starts with a phone call from the auditor to the employer. If you receive a phone call, you should tell the auditor you are busy (working or driving) and request that he/she email you the questions in writing. You would forward the email to [email protected] . Our audit/legal team will contact you, collect the documents requested and required, and compile a response based upon the documents received from the employer. Typically there is only a 14-day response window on these audits, and punishment for non-compliance can include revocation of your petition and cancellation of the worker’s visas.
The US DOL is a little bit behind in their audits, and are just now starting to audit those employers who filed for H-2B workers as part of the FY22 second half of the fiscal year supplemental visa rule. Their audit process begins with an email to the employer and the agent of record, and if you receive a Notice of Audit Examination, you should not respond directly to the DOL, but forward the NOAE and any documents that you have that appear to be responsive to the request to [email protected] so that our audit/legal team can assist you in drafting an appropriate response in a timely manner.
Some states have now started their own Audit Process of H-2B employers, so you may be contacted by your State Workforce Commission. If you do email the correspondence to [email protected] . We are working on finding out if the SWA has independent authority to audit, and what the limitations may be on their authority (if any).
Site Visits and Audits by US DOL Wage and Hour Division. Although JKJ Workforce Agency, Inc., is probably more knowledgeable than most attorneys or agents in regards to this process, we do not assist employers in WHD Audits. If you receive anything in the mail, or WHD inspectors show up at your lot, immediately phone our office with your SOS Emergency and let us know what is going on, and we will put you in touch with an Attorney that knows the Mobile Entertainment Industry and the WHD audit process and we urge you to reach out to hire the recommended attorney.
In all of the audits, we have found that Mobile Entertainment Operators have an extremely difficult time, keeping track of hours, paying the correct prevailing wage for that location, providing the required documentation to the workers and also retaining the required documentation. Not doing all of this has caused some employers to rack up serious fines, penalties and even being barred from the H-2B program either permanently or for a number of years.
I have formed a team of bookkeeping and payroll specialists to take this payroll burden off of your shoulders. They understand the regulations and the unique issues in the mobile entertainment industry, and anything they do not completely understand already they are able to learn and consult with myself and other professionals. #jkjworkforce #H2B #ezypayroll
I urge new and existing H2B employers to do their due diligence. Contact EzyPayroll today – click here for information:
You can also view the EZY PAYROLL videos by clicking on links below
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