United States | Lawsuit seeks to block H-2A final rule

A group of farm and business organizations as well as the state of Mississippi have filed a lawsuit against the Department of Labor seeking to block implementation of a final rule expanding labor rights for H-2A workers.

Key Points:

• The new lawsuit, filed in the U.S. District Court of the Southern District of Mississippi, argues that the final rule is unlawful and therefore should not be implemented.
• Plaintiffs include the International Fresh Produce Association, American Farm Bureau Federation, Mississippi Farm Bureau Federation, Stone County Farm Bureau, Chamber of Commerce of the United States of America, AmericanHort, Florida Fruit & Vegetable Association, North American Blueberry Council, Texas International Produce Association and the State of Mississippi.
• As BAL previously reported, the Farmworker Protection Rule was intended to provide improved protections for H-2A visa holders. However, the Office of Foreign Labor Certification within the DOL delayed implementing elements of the rule (also known as the Farmworker Protection Rule) after a preliminary injunction was ordered in the U.S. District Court for the Southern District of Georgia. The preliminary injunction also resulted in courts staying the rule in Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas and Virginia.

Additional Information: The H-2A program allows U.S. employers to bring foreign nationals to the U.S. to fill temporary agricultural jobs. Further information about the H-2A program is available here.

BAL Analysis: BAL will continue following this litigation and will provide updates as they become available.

This alert has been provided by the BAL U.S. Practice Group.

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