The International Fresh Produce Association (IFPA) and nine co-plaintiffs have filed a lawsuit contesting the U.S. Department of Labor’s (DOL) recently finalized H-2A rule. The challengers allege unconstitutional regulatory overreach and limitations on the freedom of speech of farmers who employ temporary workers. The co-plaintiffs are American Farm Bureau Federation, AmericanHort, Florida Fruit & Vegetable Association, Mississippi Farm Bureau Federation, North American Blueberry Council, State of Mississippi, Stone County Farm Bureau, Texas International Produce Association and U.S. Chamber of Commerce.
The lawsuit argues that the H-2A rule, already enjoined in 17 states, illegally gives temporary agriculture workers collective bargaining rights, restricts the First Amendment rights of farmers who employ H-2A workers, and creates additional onerous burdens for employers and state governments. These effects are causing and will continue to cause irreparable harm to the American agriculture industry, the plaintiffs allege.
“This lawsuit challenges the unauthorized process through which DOL passed this rule and the unlawful and unconstitutional impacts it has on American agriculture employers,” said Cathy Burns, IFPA chief executive officer. “IFPA has challenged the DOL’s damaging regulation at every stage of the rulemaking process.”
The lawsuit, filed in the Southern District of Mississippi with representation from McDermott, Will & Emery, requests a permanent injunction of DOL’s Improving Protections for Workers in Temporary Agricultural Employment in the United States. In August, the court in Kansas v. U.S. Department of Laborfound the rule unconstitutional and enjoined DOL from enforcing it within the 17 states. IFPA stated that that ruling bolsters the plaintiffs’ position in this case.
“The DOL rule represents a regulatory overreach that ignores both legislative and judicial precedent,” said Ken Fisher, president and chief executive officer of AmericanHort. “Our members depend on a reliable, legal workforce, and they deserve access to the H-2A program without facing excessive costs and red tape.”
“This attempt by the federal government to slip labor unions onto American farms through the backdoor undermines farmers and threatens the very fabric of the American agricultural community,” said Mississippi Attorney General Lynn Fitch. “Not only has Congress not authorized this, it has specifically exempted farmworkers from collective bargaining laws.”
“The Labor Department’s onerous H-2A rule will make it difficult for American farmers and ranchers to meet their critical workforce needs,” said Jon Baselice, vice president of immigration policy, at the U.S. Chamber of Commerce. “It does so by violating the free speech rights of American employers and the legal framework set by Congress decades ago. The rule is already enjoined in 17 states, but the department has chosen to press ahead in the rest of the country. This regulatory confusion must be stopped.”
Source: IFPA
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