Those of you who have filed PERM applications know that one of the required steps is posting a notice internally advising the public that there is a job opening at the worksite. Under the rules, the notice must be posted for ten consecutive “business days.” Questions arose about the meaning of “business day,” because some employers, hospitals for example, are open seven days a week. Did it pass muster if their notices were posted for ten consecutive business days including weekends?
The Department of Labor’s Office of Foreign Labor Certification had consistently interpreted “business day” to mean Monday through Friday, except for Federal holidays. However, it has now made clear that where an employer is open for business on a Saturday, Sunday, and/or holiday, the employer may include the Saturday, Sunday and/or holiday in its count of the ten consecutive business day period required for the posting of the Notice of Filing so long as the employer demonstrates that it was open for business on those days. Similarly, where an employer is not open for business any day, Monday through Friday, the employer should not include any such days in its count of the ten consecutive business day period required for the posting of the Notice of Filing.