DOL Faces Litany of Lawsuits

More groups are dog-piling on layers of litigation against the U.S. Department of Labor’s (DOL) final rule on the H-2A program. 

ICYMI: The final rule would allow workers to “advocate on behalf of themselves and their coworkers regarding their working conditions and prevent employers from suppressing this activity.” It allows for more self-advocacy, clarifies termination for “cause,” increases transparency in recruitment, and enhances wage predictability.

In August, a U.S. District Court for the Southern District of Georgia issued an injunction to block the rule in 17 states. The judge imposed the injunction, saying the department overstepped its authority. 

Court clash: However, the DOL took the judge’s ruling as more of a recommendation. Recently, the department allegedly continued with a new H-2A application process without the required notice and comment rulemaking.

In response, the National Council of Agricultural Employers (NCAE) and other groups filed another round of lawsuits, arguing that the DOL violated the rights of American farm and ranch families.

Soundbite: “Rather than taking heed of the judge’s wise words and withdraw the rule in its entirety, the department decided to further complicate matters for farm and ranch families by creating a bifurcated application process at the whim of the acting secretary’s pen rather than through true notice-and-comment rulemaking. This is something the acting secretary and her department know they cannot do.” — NCAE President and CEO Michael Marsh

This time, the lawsuit is focused in Kentucky, where the NCAE hopes the district court will eliminate the rule permanently.