AFBF and other industry coalition members achieved a crucial win yesterday that will help farmers across the country.
In a case before the U.S. District Court for the Southern District of Mississippi, several agricultural and business organizations challenged amendments to federal regulations intended to strengthen protections for migrant agricultural workers under the H-2A visa program. The amendments, implemented by the U.S. Department of Labor, prohibit employers from discriminating against workers engaged in organizing activities or refusing mandatory meetings and grant workers the right to have representation during certain investigatory interviews.
The plaintiffs argued that the DOL exceeded its authority by introducing provisions resembling collective bargaining rights, which agricultural workers are explicitly excluded from under the National Labor Relations Act. They also claimed that the rules impose unconstitutional restrictions on employer speech, violating the First Amendment.
After reviewing the legal arguments and hearing oral presentations, the court granted the plaintiffs’ motion for a preliminary injunction and stayed enforcement of the contested amendments under 5 U.S.C. § 705, concluding that the plaintiffs demonstrated sufficient legal grounds to challenge the regulations.
American Farm Bureau Federation President Zippy Duvall commented today on the litigation and the district court’s nationwide injunction barring DOL’s rule:
“Farmers appreciate the dedicated men and women who choose to work on their farms, and they take seriously the responsibility of ensuring a safe workplace. Farm Bureau agrees that workers should be treated fairly and respectfully. We also believe fairness to farmers is important and the DOL rule was overly broad to the point of being unlawful.
We appreciate that the court recognized the overreach of the rule. We urge the DOL to go back to the drawing board and engage with H-2A employers to better understand the impact more regulations will have on the men and women who work to ensure America’s families have food on the table.”
Two other courts previously blocked the rule in several states and for certain groups, but AFBF’s lawsuit was the first to stop key aspects of the rule for all farmers nationwide.
