DOL Releases Memo Re: LCA postings
Last week, the DOL released a memo in the form of Field Assistance Bulletin 2019-3 reminding employers about the notice requirements relative to LCA's in the context of the use of electronic postings. Many staffing companies have difficulty posting LCA's at 3rd party worksites. As a result, many employers and third party providers, began posting LCA's on their own web-sites (completely accessible to the public) in an attempt to comply with the notice requirement. In this memo, the DOL made clear that this action alone is not sufficient to meet the notice requirement. The DOL states that simply because a 3rd party employee can visit an H-1b employer's web-site is not sufficient notice if he does not know he should. Further, the DOL goes on to state that the 3rd party employees must be able to determine which notices/LCA's are applicable to their work-site. We continue to take the position that a database of notices/LCA's can be a part of a compliance program but, must be accompanied by additional actions. Feel free to reach out to me directly for more information.