US (MI): IFPA, nine others file lawsuit against Department of Labor

Yesterday, the International Fresh Produce Association (IFPA) and nine co-plaintiffs filed a lawsuit contesting the U.S. Department of Labor (DOL)'s regulatory, which they say is unconstitutionally overreaching and involves limitations on the freedom of speech of farmers who employ temporary workers. The other plaintiffs in 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."

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 United States. 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.

Zippy Duvall, president of the American Farm Bureau Federation said: "The Department of Labor's rule changes the scope and function of the H-2A temporary guest worker program and imposes new obligations on agricultural employers. Years of regulatory burden coupled with congressional gridlock preventing legislative reform of the underlying H-2A statute have created an untenable situation for growers and producers of fresh produce who rely on legal foreign labor."