Federal court halts new H-2B rules nationwide

By | April 30, 2012

A federal court judge in the Northern District of Florida Pensacola Division issued a preliminary injunction April 26 against new regulations the U.S. Department of Labor wanted to implement to the H-2B temporary worker program.

The new rules, according to some outdoor amusement industry experts, will make the H-2B program almost unusable for them as well as others that rely heavily on the seasonal workers, such as the landscaping industry.

The rules actually were implemented by the Department of Labor (DOL) on April 23, but were not scheduled to become “operative” until April 27, according to Bob Johnson, president of the Outdoor Amusement Business Association (OABA).

Two lawsuits filed in the federal court in Pensacola against the new regulations by a group of interested parties resulted in the injunction. The sworn statement from CEO Sabeena Hickman of the Professional Landcare Network, PLANET, detailing the serious harm the DOL’s H-2B changes would cause to PLANET members was presented as testimony.

Although the injunction was granted in Florida’s federal court district, it applies nationwide.

U.S. District Court Judge M. Casey Rodgers’ decision is expected to be appealed by the DOL but any legal challenge will likely take months before a final decision.

Johnson sent out a statement that said: “The H-2B program is still under attack by the Administration and DOL. They have unlimited resources and will appeal this decision and will work to promote their big labor and union backed pseudo ‘worker’s rights’ group’s agenda. It is up to all of us, the H-2B stakeholder community, to project this essential program from this attack.”

The law firms of Greenberg Traurig and C.L. Lake head the legal team in the Florida litigation.
Johnson also updated OABA’s Joint Coalition’s litigation over DOL’s H-2B Wage Rule scheduled to take effect Oct. 12, 2012.

“At issue,” Johnson stated in his release, “is whether the DOL must take into account employer hardship and economic concerns when formulating regulations and whether or not DOL has the authority to issue regulations on the H-2B program.”

OABA has joined with seven other associations in this litigation. Wayne Pierce, principal of the Pierce Law Firm and Blank Rome attorneys in Philadelphia, heads the legal team in this matter. Pierce filed his motion in the OABA’s case April 13.