This past November, the United Farm Workers of America, the UFW Foundation and 18 farmworkers filed a lawsuit to reverse the Department of Labor’s interim final rule that changes the way the Adverse Effect Wage Rate is calculated for the H-2A guest worker program.
The U.S. District Court in the Eastern District of California has issued an order denying the request for a preliminary injunction against the interim final rule. The judge overseeing the case said the plaintiffs did not sufficiently show the likelihood of irreparable harm.
John Hollay, president and CEO of the National Council of Agricultural Employers, which filed an amicus brief with the support of the California Farm Bureau Federation, says the most important takeaway from this ruling is “because the court obviously maintained the structure, the IFR [interim final rule] stays in place.”
Hollay notes that both parties have to follow up with the court, but he says this ruling keeps the interim final rule in effect and continues to help growers in need of relief. Then, he says the next step would be for the final rule to be published, adding that the Department of Labor has indicated it plans to continue to work toward that release.
“We’ve indicated through public and private communications our eagerness to get clarity for our members on a lot of these questions because the rule is in an interim status,” he says. “We’re obviously pleased with the court’s decision, but we’re hopeful that the department will move to final [rule] regardless.”
Though there’s no set timeline for the release, Hollay says the final rule will help offer some clarity on how both the Labor Department’s Office of Legal Counsel and its Wage and Hour Division interpret the rules.
“By going to final, the department will provide the clarity that employers have desperately needed to take full advantage of the final rate,” he says.
