H-2B Program Rule Appeal Hearing Scheduled


The U.S. Department of Labor has appealed U.S. District Court Judge Casey Rodgers’s preliminary injunction of its “Program Rule,” governing administration of the H-2B “guestworker” program, to the 11th Circuit Court of Appeals, based in Jacksonville, Florida.  The hearing on this appeal will take place on December 12 and, depending on the features of the decision, the panel of three judges will hand down a decision later that month or perhaps as late as March 2013.

·         The legal team representing H-2B employers has filed appropriate briefs and will present oral arguments on December 12.

·         We feel our side is likely to prevail and that the Circuit Court will uphold Judge Rodgers’s preliminary injunction.

·         If that happens, the case will return to Judge Rodgers, with guidance that will enable her to make that preliminary injunction permanent.

·         Such an outcome would validate arguments that our side may then use to sue to overturn the H-2B Wage Rule, as well.


Meanwhile, the legal team that represents FRA and other H-2B employer interests in the Pennsylvania jurisdiction, and which received an adverse decision from Judge Legrome Davis this summer, has filed an appeal of that decision and will keep options open as the Florida case develops.  For background on this issue, click here.