Sep 19, 2024Farm labor groups sue over H-2A regulations
A group of growers and farm advocacy groups is challenging new H-2A rules in the courts.
The Worker and Farmer Labor Association (WAFLA), the National Council of Agricultural Employers (NCAE), other farm and labor groups and several individual farmers joined in the lawsuit filed against the U.S. Department of Labor (DOL) to protect America’s family farmers from the department’s recently issued H-2A regulations, which have already been enjoined throughout much of the country, according to a news release.
The lawsuit also includes the North Carolina Growers Association, Agricultural Workforce Management Association, and USA Farmers.
The lawsuit, Barton, et al. v. Department of Labor, et al., was filed in the U.S. District Court for the Eastern District of Kentucky. Members of the plaintiff associations include agricultural employers in most states and encompass most agricultural commodities.
The lawsuit seeks to overturn the Department’s recent H-2A Final Rule and the newly created application processes. In addition to the Final Rule, which has already been enjoined as illegal in much of the country, DOL created new H-2A application procedures on Sept. 12 without the required notice and comment rulemaking, according to the release.
“The Department’s actions in issuing the unprecedented Final Rule have raised significant concerns nationwide within the agricultural community. This lawsuit was necessary to safeguard farmers and producers from burdensome, costly, and unlawful requirements during a time when most labor-intensive farming operations are trying to stay viable in the face of unlimited competition from low-cost imported agricultural products. The misguided Final Rule is another unfortunate example of bad federal policy that harms American farmers and workers that further jeopardizes labor intensive domestic agricultural production,” according to the release.
This lawsuit follows a recent legal victory in the Southern District of Georgia where on Aug. 26, U.S. District Court Judge Lisa Godbey Wood issued a preliminary injunction blocking the DOL Final Rule from taking effect in Georgia and 16 other states.
Judge Wood’s ruling emphasized DOL overstepped its legal authority by contravening the will of Congress. Specifically, Judge Wood highlighted the DOL’s attempt to extend collective bargaining rights to farmworkers, noting that Congress had explicitly exempted agricultural workers from such rights under the National Labor Relations Act (NLRA), according to the release.
In her decision, Judge Wood wrote, “The Final Rule conflicts with the NLRA, and the Final Rule is unconstitutional.” She further stated, “…by implementing the Final Rule, the DOL has exceeded the general authority constitutionally afforded to agencies. …The DOL may assist Congress, but may not become Congress.”
Judge Wood’s decision is limited to the plaintiffs in that case. Given the national implications of the Department of Labor rule, the individual farmers and associations here were compelled to file this separate legal action to seek relief from the Final Rule, according to the release.
Based in Lacey, Washington, WAFLA is a nonprofit agricultural association dedicated to helping farmers and farmworkers navigate complex labor issues. WAFLA’s 1,300 member farms in nine states.
NCAE is a national trade association focusing on agricultural labor issues.
The North Carolina Growers Association is a joint employer of H-2A workers with more than 600 farmer members who farm in North Carolina, Virginia and Tennessee. NCGA member farms produce more than 50 agricultural crops and commodities.
The Agriculture Workforce Management Association based in Kentucky and files H-2A applications for 700 shareholder member farmers in 16 states.
USA FARMERS is a national trade association of H-2A employers, with more than 1,500 H-2A employer members.
