Department of Labor Employment and Training Administration 20 Cfr Part 655 Wage Methodology for the Temporary Non-agricultural Employment H–2b Program; Amendment of Effective Date I. Amendment of Effective Date of the Wage Rule

1 On August 30, 2010, the U.S. District Court for the Eastern District of Pennsylvania in CATA v. Solis, 2010 WL 3431761 (E.D. Pa.) ruled that the Department had violated the Administrative Procedure Act by failing to adequately explain its reasoning for using skill levels as part of the H–2B prevailing wage determinations, and failing to consider comments relating to the choice of appropriate data sets in deciding to rely on OES data rather than SCA and DBA in setting the prevailing wage rates. The court ordered the Department to ‘‘promulgate new rules concerning the calculation of the prevailing wage rate in the H– 2B program that are in compliance with the Administrative Procedure Act no later than 120 days from the date of this order.’’ The order was later amended to provide additional time, until January 18, 2011, to promulgate a final rule. DEPARTMENT OF LABOR