Sep 16, 2024NCAE lawsuit against Department of Labor rule cites harm to farm families
The National Council of Agricultural Employers (NCAE) has filed a lawsuit in the U.S. District Court for the Eastern District of Kentucky, challenging a new Department of Labor rule.
The rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” is intended to enhance worker protections but has drawn backlash from farm employers who say it violates constitutional rights and threatens agricultural operations.
The lawsuit, supported by multiple agricultural associations and individual farmers, argues that the rule imposes burdensome and illogical requirements on farmers, including allowing temporary foreign workers to unionize — a right not extended to U.S. farmworkers. The rule also complicates hiring processes and jeopardizes the safety of farmworkers, according to the NCAE.
On Aug. 29, a preliminary injunction issued by the U.S. District Court for the Southern District of Georgia blocked the rule in 17 states, but farmers in two-thirds of the country remain subject to the regulations. The Department of Labor began processing applications under the new rule for those not covered by the injunction on September 12.
Michael Marsh, president and CEO of NCAE, expressed frustration with the rule’s impact.
“Rather than taking heed of the Judge’s wise words and withdraw the Rule in its entirety, the Department decided to further complicate matters for farm and ranch families by creating a bifurcated application process,” said Marsh. “America’s hardworking farmers and ranchers are deeply troubled by the Department’s lack of regard for the important work they do each day ensuring that Americans have food on their tables.”
The NCAE hopes the Kentucky court will rule to dissolve the controversial rule entirely.