H-2B Program Rule and Wage Litigation Update
PLANET continues to fight against the Department of Labor’s H-2B wage rule and H-2B program rule, both on Capitol Hill and in the courts. PLANET, along with some of our member companies, the National Hispanic Landscape Alliance, the U.S. Chamber of Congress, and other allies sued the Department of Labor (DOL) to stop the implementation of the H-2B wage rule and the H-2B program rule. So far, PLANET has contributed $25,000 to the lawsuits, and some of our member companies have made significant donations as well.
On August 1, congressional leaders agreed to pass a six month, stop-gap spending measure to delay addressing appropriations measures until early next year. Lawmakers plan to meet during the August recess to hash out the final details of the continuing resolution (CR) and pass the measure prior to October 1. That will address the wage rule, but because lawmakers have stressed their desire to pass a “clean” CR without any extraneous policy measures, it seems extremely unlikely that Congress will include language to prohibit the DOL from implementing the H-2B program rule. PLANET will continue to advocate for Congress to do so.
In the meantime, the Department of Justice (on behalf of the DOL) has appealed the preliminary injunction, issued April 27, 2012, by a judge in the Northern District of Florida, preventing the DOL from implementing its H-2B program rule. We are optimistic that the appeals court will deny the government’s motion and, following the denial, that the district court will grant our request for a permanent injunction. If we are successful in the program rule challenge, we believe this decision will also have a direct impact on our request for a permanent injunction of the wage rule.
As a result, it is more important than ever to support the H-2B program rule lawsuit in the Northern District of Florida as it offers the best chance of continuing to block the H-2B program rule. Sadly, litigation will come to a halt and all the successes made will be for naught unless we can quickly raise an additional $100,000 funding to pay for legal fees.
Because of the efforts of organized labor to intervene in the case and the government appeal, the litigation has become very costly. All H-2B users will benefit from this ruling, and we hope that all H-2B users will make a contribution to help preserve the H-2B program well into the future. Every contribution counts, so please consider making a contribution today, using either of the methods below.
Contribute by Credit Card:
You can make a donation by credit card at http://www.gtlawbilling.com/. Please include your billing information, list Laura Reiff as the attorney, and include matter number 132998.010300. In the comment section, please reference H-2B litigation.
Contribute by Check:
Make checks payable to Greenberg Traurig, LLP and indicate “client matter number 132998.010300” on the check: Mail check to:
Greenberg Traurig, LLP
c/o Laura Reiff
1750 Tysons Blvd.
McLean, VA 22102
Thank you very much for your continued support of PLANET and these lawsuits. If you have any questions, contact Tom Delaney, PLANET director of government affairs, at 800-395-2522.