H-2B Allies Sue to Lock in “Program Rule” Injunction


FRA and other members of the H-2B Workforce Coalition are following up on our win, this April, in defending last year’s preliminary injunction blocking the federal Department of Labor’s 2012 H-2B Guestworker “Program Rule,” which would have made the H-2B program unworkable. This “Program Rule” governs the logistics of the H-2B guestworker program, which covers foreign guestworkers employed in the handplanting of tree seedlings. The Coalition is now filing a motion with the same 11th Circuit Court (in Florida) to convert that Court’s previous “preliminary injunction” into a “permanent injunction.”

The Coalition is also preparing a motion for the same court to block DOL’s onerous 2011 H-2B Wage Rule, which mandated a formula for interpreting local wage survey data to set wage rates for foreign guestworkers uncompetitively high, in some cases doubling them from previously determined levels. Although a joint “emergency” rulemaking by DOL and the Department of Homeland Security has already superseded the 2011 Wage Rule with a new Wage Rule (which is almost as bad), the Coalition felt it was important to follow through on enjoining the 2011 Wage Rule, anyway, both to prevent the Administration from returning to it if the “emergency” rule should be invalidated and to underpin the Coalition’s legislative program.

FRA continues as a leader in the Coalition.

Background at this link.