A federal judge has ordered the U.S. Department of Labor to stop calculating the prevailing wage for guest workers using a method that another federal judge ruled to be invalid over two years ago.

In 2010, the late U.S. District Judge Louis Pollak of the Eastern District of Pennsylvania ruled that the department’s introduction of skill levels into its methodology for calculating wages was a violation of the Administrative Procedure Act because the change wasn’t subjected to notice and comment. However, the Department of Labor continues to operate under the rule.

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