Growers Sue Solis Over Suspension of H2A Rules

A group of growers and agricultural producers, lead by the North Carolina Growers Association (NCGA), filed suit against US Secretary of Labor Hilda Solis on June 9th.

NCGA posted this release here.

The group sued in response to Secretary Solis’ decision and formal announcement that the USDOL will suspend the H2A regulations composed and implemented by former Secretary Chao in January of this year.

Among several arguments, the growers cited concern that as a result of the suspension they will be unfairly prosecuted for alleged labor law violations and that the suspension will have various adverse effects on those farmers that participate in the H2A program.

The suit claims that Solis violated the Administrative Procedure Act  when she quickly withdrew the rule inacted by former Secretary Chao.

According to proponents and participants of the H2A program, the “Chao rule” streamlined and modernized the H2A program and finally clarified issues relating to travel reimbursement and other worker protections.

Excerpt below from Law 360

 The suit seeks a judgment nullifying Solis’ rule, an injunction barring the government from enforcing Solis’ rule, or the withdrawal of Chao’s rule or, in the alternative, a judgment that contracts signed between Jan. 17, 2009 and March 26, 2009 are in compliance with the FLSA.