Federal Court set to hear NCAE lawsuit challenging farm labor rule

A federal court will soon decide the fate of a controversial labor rule that farmers and ranchers say threatens their businesses. The U.S. District Court for the Eastern District of Kentucky has scheduled a hearing for Nov. 4, 2024, to address a lawsuit filed by the National Council of Agricultural Employers (NCAE) and other agricultural groups.

The lawsuit challenges the Department of Labor’s new rule on temporary agricultural employment, claiming it violates constitutional rights and imposes undue burdens on farm operations.

Michael Marsh, NCAE President and CEO, welcomed the court’s swift action.

“America’s farm and ranch families are grateful that the court in Kentucky is treating this matter seriously,” Marsh said. “This rule unlawfully strips employers of their constitutional rights, imposes illogical new duties that jeopardize farmworker safety, and unfairly burdens U.S. producers by inflating costs.”

The lawsuit is the latest chapter in a nationwide legal battle over the rule. On Aug.t 29, the U.S. District Court for the Southern District of Georgia granted a preliminary injunction blocking the rule in 16 states, including Texas, Florida, and Virginia. However, the injunction leaves two-thirds of the states exposed to the rule’s provisions.

NCAE is pushing to expand the injunction nationwide, arguing that the rule creates unnecessary financial and operational burdens for farmers and ranchers. Marsh said he hopes the Kentucky court will strike down the rule entirely, allowing agricultural producers to focus on providing food for American consumers without undue regulatory interference. For more information, visit NCAE’s website.