ALCC issues this request today:

Rep. Billy Long (R-MO) is circulating a letter to House DHS Appropriations Subcommittee Chairman Carter and Ranking Member Roybal-Allard asking that the fiscal 2017 DHS appropriations bill renew the H-2B returning worker exemption. The subcommittee is currently working to finalize the appropriations bill. Please call your House Representative ASAP and ask him/her to sign this important letter. The returning worker exemption expires 9/30/2016.

Reach your Representative via the Capitol switchboard at 202-225-3121.  

Kristen S. Fefes, CAE
Executive Director
Associated Landscape Contractors of Colorado

Previously on the LAB:
H-2B update for March 29, 2016
Cap on H-2B visa petitions has been reached for the first half of 2016
Senator Bennet supports employers that use H-2B
VIDEO: H-2B in two minutes

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Ryan Schuette, SiteOne™ Landscape Supply, recognizes that finding and keeping employees is the top industry challenge. He says, “My heart aches when I see our customers without enough good people.”

Employees, says Schuette, are in the habit of moving on for a few more dollars and the challenge for green industry companies is “what are we doing to stop that trend? If you get a new employee and act the same as their previous employers, how are you stopping that trend of poor decision making?”

2015 was a very busy year for Kelly Gouge, and his tireless efforts for the green industry in that year did not go unnoticed. He has been recognized as person of the year by Rocky Mountain Turfgrass Association, GreenCO, and most recently by ALCC.

At a March 16th ceremony at Mile High Station, ALCC presented Gouge with the John Garvey Person of the Year Award. As ALCC executive director Kristen Fefes explained, Gouge volunteered more than six hours of his time every week for legislative and advocacy efforts and as president of the organization’s board of directors.

Soon, Governor Hickenlooper will sign into law a bill allowing Coloradans to use rain barrels in their yards. 

House Bill 1005 was passed by the House on February 29 and by the Senate on April 1. It allows households to have up to two rain barrels with a combined capacity of 110 gallons. The water can only be collected for non-potable outdoor use.

One of the most anticipated announcements at ALCC’s ELITE Awards is the Best Use of Color – People’s Choice Award. For 2016, that designation went to Designscapes Colorado for their project, “Paradise Found.”

The Use of Color – People’s Choice category celebrates projects demonstrating effective use of annual and/or perennial plants for landscape color. Finalists are chosen based on their innovative use of color, degree of difficulty, plant selection, quality and placement. 

Form I-9 is Employment Eligibility Verification required by the Department of Homeland Security. The current form has an expiration date of March 31, 2016. But on March 31, U.S. Citizenship and Immigration Services (USCIS) announced that despite the expiration date, this version of the form will remain current until a new version is released.

USCIS has proposed changes to the form as well as a new “smart” form. On March 28, they invited public comments on the most recent proposed changes. Further changes may be made after the public comment period ends April 27.

Form I-9 is Employment Eligibility Verification required by the Department of Homeland Security. The current form has an expiration date of March 31, 2016. But on March 31, U.S. Citizenship and Immigration Services (USCIS) announced that despite the expiration date, this version of the form will remain current until a new version is released.

USCIS has proposed changes to the form as well as a new “smart” form. On March 28, they invited public comments on the most recent proposed changes. Further changes may be made after the public comment period ends April 27.

Until a new form is issued, employers should continue to use the current Form I-9 for new hires.

For updates on this issue, subscribe to the LAB or visit https://www.uscis.gov/i-9-central.

Recently, the Occupational Safety and Health Administration (OSHA) issued a final rule to aimed at curbing lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in workers by limiting their exposure to respirable crystalline silica.

USCIS has updated/clarified their guidance regarding the H-2B visa program following meetings between USCIS and the agent community and the House Judiciary Committee regarding issues involving the RFEs and denials on issues (including seasonal/peakload need). Find the updated guidance at the following web addresses:

https://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-clarifying-guidance

https://www.uscis.gov/working-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers

Additionally, the following notice was made yesterday, extending the emergency procedures initiative for the H-2B processing delays:

The Department of Labor (DOL) has sent their final overtime rule changes to the Office of Management and Budget (OMB) for review. These changes will determine which of your employees are eligible for overtime pay. The revision to the Fair Labor Standards Act regulations is expected to affect millions of employees currently considered exempt from overtime, requiring them to be reclassified as nonexempt and eligible for overtime pay.