H-2B Tip of the Day - Estimating Hours Of Work

     A persistent myth about the H-2B Program is that the law requires you to offer a set amount of work per week.  Not so.

     On Form 9142B, a prospective H-2B employer must state the anticipated hours per week, e.g., 48 hours of work per week (eight hours a day, six days a week). The key is “anticipated.” No one knows exactly what the future holds – which is why we use “anticipated.”

      So, what does the law require? It requires two things. First, the employer must exercise reasonable, good faith business judgment in predicting the hours of work. This obligation flows from the employer’s general obligation of honesty. Second, The employer must offer full-time work.  This does not mean 40-hours per week.  It means that the work is not intermittent, sporadic, or intended to take up just a few of an employee’s available work hours per week.

     Although DOL (especially WHD) has fostered confusion about this obligation, meeting it shouldn’t be a problem.  After all, the reason the H-2B employer is in the program is that it has work that otherwise won’t get done.  Just make a good faith, objective decision, and go from there.