Ag Industry Groups File Suit in Challenge of H-2A Rule

Posted by Growing Produce Staff|October 10, 2024

The International Fresh Produce Association (IFPA) and nine co-plaintiffs filed a lawsuit contesting the U.S. Department of Labor (DOL)’s unconstitutional regulatory overreach and limitations on the freedom of speech of farmers who employ H-2A temporary workers. The other plaintiffs to the action are the American Farm Bureau Federation, AmericanHort, Florida Fruit & Vegetable Association, Mississippi Farm Bureau Federation, North American Blueberry Council, State of Mississippi, Stone County Farm Bureau, Texas International Produce Association, and the U.S. Chamber of Commerce.

The lawsuit argues that DOL’s recently finalized H-2A rule, already enjoined in 17 states, illegally gives temporary agriculture workers collective bargaining rights, restricts the First Amendment rights of farmers who employ H-2A workers, and creates additional onerous burdens for employers and state governments. Taken separately and together, these effects are causing and will continue to cause irreparable harm to the carefully balanced and essential American agriculture industry.

“DOL is exacerbating an already enormously challenging labor crisis for growers and agriculture employers across the country. This lawsuit challenges the unauthorized process through which DOL passed this rule and the unlawful and unconstitutional impacts it has on American agriculture employers,” says IFPA CEO Cathy Burns. “Our industry is dedicated to providing fresh, healthy foods that nourish the world, but without certainty in the H-2A program, which provides farmers access to qualified, valued foreign workers and, likewise, gives those workers the ability to legally work in the U.S., it is much harder for us to grow and harvest the fresh fruit and vegetables consumers want and expect throughout the year. IFPA has challenged the DOL’s damaging regulation at every stage of the rulemaking process, and this lawsuit is the next step in our work to protect the fresh produce industry.”

The lawsuit, filed in the Southern District of Mississippi with representation from McDermott, Will & Emery, requests a permanent injunction of DOL’s Improving Protections for Workers in Temporary Agricultural Employment in the U.S. In August, the court in Kansas v. U.S. Department of Labor – a similar case in the 11th Circuit brought by 17 state attorneys general, the Georgia Fruit and Vegetable Growers Association, and Miles Berry Farm – found the rule unconstitutional and enjoined DOL from enforcing it within the 17 states.

That ruling bolsters the plaintiffs’ position in this case and creates the current untenable situation in which employers in the agriculture industry must abide by different regulations and meet different requirements depending solely on the states in which they are located.