Judge Rules for H-2A Labor Employers

Here’s the latest on the H-2A situation from Frank Gasperini, executive vice president of the National Council of Agricultural Employers (NCAE):

As previously reported, Judge William L. Osteen Jr. of the United States District Court for the Middle of North Carolina ruled for the plaintiffs and granted a motion for preliminary injunction, thus preventing the suspension of the H-2A final rule put in place late in the Bush administration.”

According to Gasperini, the plaintiffs in the lawsuit were a large group of labor providers, users and associations, including NCAE. The defendants were the departments of labor and homeland security.

“The judge ruled that the plaintiffs were likely to suffer irreparable harm and that the defendants were unlikely to,” according to Gasperini.

“This means the December 2008 rule (that went into place Jan. 17, 2009) remains in place for now. Those who have filed under the December 2008 rule will see no change.”

The ruling does not change terms or obligations processed prior to the December 2008 rule becoming effective, according to Gasperini.

For more information on policy questions, e-mail H-2A.Regulation@dol.gov. For other questions, e-mail H2Aswa.chicago@dol.gov.

For a copy of the injunction, Click here. ”