Aug 26, 2024

NCAE applauds court’s halt of Labor Rule

A federal court in Georgia has issued a preliminary injunction blocking the Department of Labor (DOL) from implementing a regulation that would have allowed temporary foreign agricultural workers to unionize.

“For far too long, the Department has implemented rules that unfairly target America’s farm and ranch families who are already battling to stay competitive at home and in the global market. NCAE celebrates this victory,” said Michael Marsh, president and CEO of the National Council of Agricultural Employers (NCAE).

The court’s injunction criticized the DOL’s overreach, stating: “[a]gencies may play the sorcerer’s apprentice but not the sorcerer himself. The Final Rule is an attempt by the [Department] to play the sorcerer. The [Department] may assist Congress but may not become Congress.”

Marsh further noted that the DOL had been aware that the rule exceeded its constitutional authority but chose to proceed, hoping that the agricultural community, already struggling with numerous challenges, would not fight back.

“What the Department does not understand is that America’s farmers and ranchers are tough and do not back down from a battle for what is right,” Marsh said. “This is a victory for them.”

The court’s order, however, limits the injunction to 17 states, including Georgia, Kansas, South Carolina and Texas, among others. It does not apply nationwide. Marsh expressed hope that the DOL would adhere to the court’s decision, emphasizing the importance of agencies staying within their legal boundaries.

The ruling is a significant victory for a coalition of farm groups, including the Georgia Fruit and Vegetable Association and Miles Berry Farm, represented by the Southeastern Legal Foundation.

NCAE, which focuses on agricultural labor issues from the employer’s perspective, will continue to monitor the DOL’s actions and advise on any further steps needed to protect farm and ranch families.