DOL ruling adds additional hurdles for print ads re. travel requirements
A new case has just come down from the Department of Labor Appeals office which makes clear that print ads must include the travel requirements of a job opening. This decision is a result of a bizarre interpretation of a federal regulation. This regulation requires that advertisements in newspapers of general circulation or in professional journals must… “indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.” In this case, the Employer had indicated 35%-45% international travel on its PERM application, but the newspaper ads did not include the travel requirement. The Employer argued that the meaning of “travel requirement” under the regulation refers to where the applicant would have to move for the job and to travel for the interview for the position but not the requirement of travel related to performing the duties of the job once an applicant is hired and moved to the worksite location. The Appeals office did not agree with the Employer and affirmed the denial of the PERM because the ads did not “sufficiently indicate the geographic are of employment for the job opportunity.”
Moral of the story: all print ads must contain the travel requirement if travel is included in the PERM application.