In a positive move, the federal judge hearing the Bayou Lawn and Landscape Services et al v. Solis case in the Federal District Court for the Northern District of Florida has denied a petition by the Comité de Apoyo a Los Trabajadores Agrícolas and several other worker unions to intervene in the case.

Plaintiffs, which include several trade associations and individual employers, assert that the Department of Labor lacked the authority and failed to adhere to the Administrative Procedure Act in promulgating rules that would sharply increase the wages that must be paid to H-2B temporary and seasonal workers. Though it does not in any way indicate how the judge will ultimately rule, the American Nursery & Landscape Association and other green industry groups supporting this litigation welcomed the news.

If the rule stands, H-2B employers will face wage increases often in the range of 40 to 70 percent, even if they are bound by contracts based on the existing prevailing wage standards.


From ANLA.org.