DOL final rule regarding overtime released Email
Thursday, May 19, 2016 02:00 AM

DOL final rule on overtime for white collar workersOn May 23, the US Department of Labor (DOL) will post on the Federal Register a final rule regarding overtime for white collar workers.

The final rule was amended slightly from the rule changes proposed last fall. The standard salary threshold is lower (meeting the 40th percentile of earnings in the lowest-wage Census Region rather than nationally), while the threshold for highly compensated employees was raised. Instead of annual updates to the salary thresholds, the levels will be updated every three years. Nondiscretionary bonuses and incentive payments can be included for up to 10% of the salary level.

Support today's H-2B fly-in remotely Email
Wednesday, May 18, 2016 02:00 AM


H-2B visa program update

Below is an urgent call-to-action from National Association of Landscape Professionals (NALP)--with additional resources added for Colorado. If you're on Twitter, you can also help by retweeting ALCC (@COGreenNOW). We'll be tweeting our support all day.

Today, landscape professionals from across the country will be in DC to send a strong message to Congress that H-2B is a vitally important program that allows companies to hire seasonal workers and sustain American jobs. If you are coming to the H-2B fly-in today, thank you. Talking points will be provided for you during the 9-10 am briefing in room 325 Russell Senate Office Building.

Can’t make it to DC? We still need you to participate in H-2B Advocacy Day by doing the following today:

Denver is first Colorado city to allow graywater use Email
Thursday, May 12, 2016 02:00 AM

GreywaterOn May 2nd, Denver City Council passed an ordinance that makes Denver one of the first cities in Colorado to allow the use of graywater for residential, commercial and industrial purposes.

Graywater is defined as the portion of wastewater that is collected from fixtures within residential, commercial, industrial buildings, or institutional facilities for the purpose of being put to a second beneficial use, and can be collected from bathroom and laundry room sinks, bathtubs, showers, and washing machines. Graywater can be used to flush toilets or urinals, or for subsurface irrigation of non-agricultural crops.

DOL overtime rule change is coming--are you prepared? Email
Friday, April 29, 2016 10:00 AM

Is your business prepared for the upcoming proposed rule regarding overtime? Department of Labor’s Wage and Hour Division plans to update the regulation defining and delimiting the exemptions of “white collar” employees. This could have an impact on managers, foremen, sales teams, and other landscape company employees’ exempt status. 

H-2B fly-in May 18th Email
Friday, April 29, 2016 02:00 AM


H-2B visa program update

The national H-2B coalition is hosting an ‘emergency’ H2B fly in on May 18.  Two ALCC leaders will be attending, and we invite fellow members and H-2B users to join them for this one-day effort. The purpose of the fly-in is dual:

1. We need appropriations provisions (returning worker exemption & other items) to be extended

2. Importance of the H2B program to seasonal businesses

Irrigation pros show lawmakers how to conserve water Email
Thursday, April 28, 2016 11:00 AM

Yesterday, ALCC joined Irrigation Association representatives and irrigation supply companies at the Colorado State Capital to demonstrate how smart irrigation can conserve water in our landscapes.

E-Verify app feedback requested Email
Wednesday, April 27, 2016 02:00 AM

Today, the U.S. Citizenship and Immigration Services sent a bulletin inviting users of the E-Verify program to help test a new mobile app. Find information about the testing program below. 

ALCC members who participate are invited to share their experience with us at [email protected]. Your feedback helps us better communicate with government and legislators about the impact of laws and regulations on landscape companies.

H-2B help needed TODAY (April 19) Email
Tuesday, April 19, 2016 02:00 AM


H-2B visa program updateALCC 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

Subscribe to ALCC LAB - Add a feed to your browser so you can keep up with posts on this blog.

Form I-9 still valid despite expiration date Email
Monday, April 04, 2016 02:00 AM

Form I-9Form 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

OSHA final rule aims to curb silicosis Email
Thursday, March 31, 2016 02:00 AM

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.

H-2B update for March 29, 2016 Email
Tuesday, March 29, 2016 02:00 AM


H-2B visa program updateUSCIS 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:

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

DOL overtime rule changes under review Email
Thursday, March 24, 2016 02:00 AM


overtime rule

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.

Senator Bennet supports employers that use H-2B Email
Tuesday, March 22, 2016 02:00 AM


On March 8, Senator Michael Bennet wrote the following letter to the Department of Labor and the Department of Homeland Security, urging them to work together to address delays in processing H-2B visa applications:

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