June 30, 2009

H2-A Suspension blocked by court for now

The North Carolina federal district court judge assigned the complaint seeking an injunction blocking suspension of the Bush H-2A rules has granted that injunction, blocking for now the rules suspension that took effect at midnight on June 29.  For H-2A users who applied for a labor certification either prior to January 17 under the old program, or after January 17 under the Bush rules, this means status quo for now…no change in rules, no increase in Adverse Effect Wage Rate.   Presumably, folks filing for labor certification after today will also apply under the “transitional rules” that had previously been extended by the DOL until year’s end, although we are waiting on more definitive clarification on that aspect. Of course, the DOL may fight it out in court, or more likely, may simply focus on yet another H-2A rewrite.  Legislative reform along lines of AgJOBS has never been more important. 

Filed under Green Industry Council by sbynum

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