By Clint Thompson
The court victory last week for users of the H-2A program regarding the implementation of the Farmworker Protection Rule led the Department of Labor (DOL) to suspend the rule altogether.
The U.S. District Court for the Southern District of Georgia granted a preliminary injunction, halting the effective date of the DOL’s Farmworker Protection Rule. The DOL could not enforce the rule in the 17 states that were involved in challenging it, which included Florida and Georgia.
Instead of implementing the rule as scheduled last Thursday in the other 33 states, the DOL halted the plan entirely.
Chris Butts Interview
It was an appropriate step taken by DOL, says Georgia Fruit and Vegetable Growers Association Executive Vice President Chris Butts. He spoke with the National Watermelon Association and talked about last week’s rulings.
“Late (Wednesday night), the Department of Labor announced it had suspended the implementation of this rule until further notice nationwide. Growers nationwide are going to benefit from not having this take effect (last Thursday),” Butts said. “We think it would have been really, really difficult to have two operating sets of rules applying to two different growers. Frankly, we have growers that may have been growing in multiple states; some of which were covered by the case and some that were not. We think DOL made the right decision by not having two sets of rules applying to the same growers.”
Controversial Rule
The 600-page rule was meant to strengthen protections for farmworkers, targeting vulnerable workers experiencing abuse under the H-2A program. But it would only add to the regulatory burden impacting fruit and vegetable producers across the country.
The rule would have added new protections for worker self-advocacy, allowing workers to consult legal guidance in employer-furnished housing. Workers would have been able to also invite and accept guests, including labor organizations, to their employer-furnished housing. It also required seat belts for vehicles used to transport workers under the H-2A program. Vehicles without seat belts for every occupant are prohibited under the final rule.
Now, what’s next for the rule which would have impacted the H-2A program; the most reliable source of labor for specialty crop growers?
“They have asked the judge to sever parts of the rule, the parts that are in violation of NLRA (National Labor Relations Act). They’re okay with that being part of the injunction, but they’re asking other parts of the rule to be reconsidered. Our attorneys are preparing briefs to answer that request from DOL. That’s one thing that could happen,” Butts said.
“It’s also the possibility that DOL could appeal this case. Indications are I don’t think we’re going to see that, but it’s certainly within their right to do so. If neither of those happens, we’re looking at the case playing out in court over the next several months, or longer.”