Sep 24, 2024Injunction halts enforcement of labor rule
A federal judge in Georgia has halted enforcement of a U.S. Department of Labor rule providing protections to migrant workers with H-2A temporary work visas who organize to form labor unions and against wage theft and trafficking.
U.S. District Judge Lisa Godbey Wood granted a preliminary injunction to the rule, which took effect in June, finding that it violates the National Labor Relations Act, a federal law that allows certain employees to unionize. Agricultural laborers are explicitly excluded from the law’s definition of “employee” and are not entitled to collective bargaining rights, Wood found.
“The states argue that, if the Final Rule were enacted, alien agricultural workers would receive rights that American citizens working agricultural jobs do not enjoy,” the Aug. 26 ruling reads in part.
States seeking the injunction were: Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas and Virginia.
Miles Berry Farm in Baxley, Georgia, and Georgia Fruit and Vegetable Growers Association were also named as plaintiffs.
“By implementing the final rule, the DOL has exceeded the general authority constitutionally afforded to agencies,” Wood wrote in the 38-page decision.
The rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” was issued by the Labor Department in late April but did not go into effect until June 28.
The regulation aimed to help H-2A workers who are vulnerable to exploitation due to the temporary nature of their work, their geographic isolation and their dependency on a single employer, according to the Labor Department.
The H-2A non-immigrant worker visa program allows agricultural employers to temporarily hire foreign workers to perform labor in areas where the U.S. Secretary of Labor certifies that there are insufficient workers.
Wood noted that the Labor Department, while aware of violations, cannot investigate every farm employing H-2A workers.
“Because of the aforementioned vulnerabilities, H-2A employers not only exploit H-2A workers but commonly retaliate against H-2A workers who advocate for their own rights,” Wood said in the ruling.
Wood found that the final rule does not exceed the Labor Department’s authority under the H-2A program and wrote that the Labor Department “provided sufficient reasoning” for the new rule, as well as properly addressed criticism of it during a public comment period.
However, Wood also found that the rule violates the National Labor Relations Act, as the Labor Department is attempting to “unconstitutionally create law.”
“The Court finds that, by implementing the Final Rule, the DOL has exceeded the general authority constitutionally afforded to agencies,” Wood wrote.
Wood stopped short of issuing a nationwide injunction, citing precedent that such an action “gives a single district court an outsized role in the federal system.”
Wood ruled both Miles Berry Farm and the Georgia Fruit and Vegetable Growers Association would suffer “irreparable financial harm” under the rule.
Miles Berry Farm has said it would have to increase payments to its 150 annual H-2A workers for new adverse effect wage rates. The trade association also said its costs would go up to cover administering the new rule.
“We feel this decision validates our belief that the latest set of rules proposed by the Department of Labor goes far beyond the authority granted by Congress,” the Georgia Fruit and Vegetable Growers Association said in a statement. “Pausing these rules will allow the court to weigh the detrimental impacts these rules would have created within the H-2A program that is so critical to our ability to produce fresh fruits and vegetables here in the U.S. Growers nationwide rely on the program but find it increasingly difficult to administer due to the onerous rules and policies that leave U.S. producers at a demonstrable disadvantage to foreign competitors.
“This decision is welcome news, and we look forward to having our day in court to protect the interests of growers and their families in Georgia and beyond.”
The National Council of Agricultural Employers (NCAE), a national trade association, applauded the ruling.
“For far too long, the (Labor) Department has implemented rules which unfairly target America’s farm and ranch families who are already battling to stay competitive at home and in the global market,” Michael Marsh, NCAE president and CEO, said in a statement. “NCAE celebrates this victory.”
Melinda Waldrop, managing editor
