Second judge rules against administration on DOL wage rule

For the second time this week, a federal judge ruled against the Trump administration in a case challenging a Department of Labor (DOL) rule that amended wage requirements for the H-1B, H-1B1 and E-3 visa categories and for permanent labor certifications (PERM). The court issued a limited injunction, ordering DOL to stop enforcing the rule against the plaintiffs in the case.

Key Points:

• In his ruling Thursday, U.S. District Judge Stanley Chesler found that the parties suing the government met all of the requirements for an injunction, including showing a likelihood that they would succeed on the merits on their claim that the administration did not follow proper procedures in issuing the rule.
• Earlier this week, District Judge Jeffrey White ruled to set aside both the DOL rule and a Department of Homeland Security (DHS) rule amending H-1B eligibility criteria.
• The injunction in Thursday’s ruling was limited to DOL’s enforcement of the rule against the plaintiffs in the case. Under Tuesday’s ruling, however, the regulations were set aside and the government is prevented from enforcing both the DOL and DHS rules nationwide.

BAL Analysis: BAL continues to review this week’s rulings and to monitor DOL and DHS for guidance in response to this week’s rulings. A third lawsuit challenging the DOL rule remains pending in federal court in Washington, DC. BAL will provide more information as it becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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