Federal Courts Expected to Decide Fate of DOL’s Farmworker Protection Rule Soon

As of this afternoon, the U.S. Department of Labor (“DOL”) is now defending four separate lawsuits filed in federal courts in Georgia, Kentucky, North Carolina, and Mississippi, each of which has the same objective: a nationwide permanent injunction against the DOL’s Farmworker Protection Rule. The H-2A stakeholder community sailed into relatively uncharted waters last month following the DOL’s sudden decision to attempt to operate under two vastly different sets of rules and filing systems in order to comply with an injunction order issued by a Georgia federal judge blocking the Rule from being enforced in 17 states. However, there may be light at the end of the tunnel for employers located in the other 33 states not subject to the injunction based on the timeframe currently projected for one or more of these courts to issue a final decision regarding the Rule’s fate, which we believe will occur in late-November to early-December. 

Summarized below are the latest developments in each of these four cases through the present:

1. GA litigation - Kansas et al. v. U.S. DOL, No. 2:24-cv-00076-LGW-BWC (S.D. Ga. 2024)

• Aug. 26, 2024 — Court issued preliminary injunction blocking DOL’s enforcement of the Rule in 17 states (AK, FL, GA, ID, IN, IA, KS, LA, MS, MT, NB, ND, OK, SC, TN, TX, VA)

• Oct. 2, 2024 — Plaintiffs filed motion for summary judgment seeking a permanent nationwide injunction

• Nov. 20, 2024 — Deadline for briefing on summary judgment to be completed however because plaintiffs filed their motion earlier than expected, it should be completed by mid-November and a decision from the Court to be issued soon thereafter (likely by mid-to-late Dec.). 

2. KY litigation - Barton et al. v. U.S. DOL, 5:24-cv-000249-DCR (E.D.K.Y. 2024)

• Sept. 16, 2024 — The National Council of Agricultural Employers (NCAE) joined several agricultural associations and farmers in a lawsuit challenging the Rule and argued that the GA Judge’s reasons to issue an injunction should result in the same outcome in its case. 

• Sept. 20, 2024 — States of KY, AL, OH, and WV joined the lawsuit as well

• Oct. 15, 2024 — States filed motion for preliminary injunction 

• Nov. 4, 2024 — Hearing on preliminary injunction will take place and it is anticipated that the Court could issue a decision around late-November to early-December. 

3. NC litigation - North Carolina Farm Bureau Fed. Inc. et al. v. U.S. DOL, No. 5:24-cv-527-FL (E.D.N.C. 2024)

• Sept. 13, 2024 — Employer group including NC Farm Bureau filed a lawsuit arguing that the Rule not only violates the NLRA, but also alleged that many employers choose not to file through the North Carolina Growers Association due to a CBA it haw with a farmworker union 

• Oct. 14, 2024 — Plaintiffs filed motion for summary judgment asking the Court set aside the Rule in its entirety, which expected to be ruled on by the Court around mid-to-late-December. 

4. MS litigation - International Fresh Produce Ass’n et al. v. U.S. DOL, No. 1:24-cv-309-HSO-BWR (S.D. Miss 2024)

• Oct. 8, 2024 — Most recent lawsuit filed by a group with diverse interests including U.S. Chamber of Commerce and State of Mississippi seeking preliminary injunction on substantially the same grounds raised by employers in the three other lawsuits. No timetable set for briefing or a hearing yet, but the Court could very likely issue a decision prior to the end of the year.

We will be actively monitoring each of these cases over the next several weeks so be sure to keep an eye out for any additional updates from us regarding any significant developments that are likely to take place while this litigation remains pending.