By host on
12/5/2011 4:24 PM
Judge Denies Union in H-2B Case
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Written by
Craig Regelbrugge
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For Immediate Release
November 29, 2011
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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.
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By host on
9/14/2011 9:17 AM
E-Verify to Be Taken Up
in House Committee This Week
Washington, D.C.— On September 15, the House Judiciary Committee will take up and consider Chairman Lamar Smith’s Legal Workforce Act legislation (H.R.2164) mandating that all U.S. employers use the E-Verify system within three years. E-Verify is the electronic system for verifying whether a prospective hire is legally authorized to work in the U.S. It is currently voluntary.
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By host on
9/2/2011 2:07 PM
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Help Save the H-2B Program
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Take Action!
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As you know, two pending Department of Labor (DOL) regulations will make the H-2B program virtually unusable. Several Senators and Members of Congress are aware of the harm that the rules will pose for small businesses and plan to send a letter to DOL asking the Department to rescind both the final H-2B wage rule and the March 18 H-2B proposed rule! Please call your Senators and Member of Congress today and ask them to sign the below letter that is being circulated by Rep. Rob Wittman (R-VA).
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By host on
8/30/2011 3:43 PM
Happy Monday everyone. This message is being sent jointly by Tom Delaney at PLANET and Craig J. Regelbrugge on behalf of ANLA. You may recall a couple weeks ago seeing a message about the H-2B program being under regulatory assault, and the likelihood of a litigation strategy. Here is a quick update.
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By host on
6/24/2011 4:05 PM
 E-VERIFY DEBATE THREATENS TO SEND AGRICULTURE PACKING
As described in the most recent edition of Washington Impact, the debate has begun in
Congress over whether America should simply enforce her way out of the “illegal immigration
problem,” or take a broader and more balanced approach. On June 15, the House Judiciary
Subcommittee on Immigration Policy and Enforcement held a hearing on H.R.2164, the “Legal
Workforce Act.” The bill would require each and every U.S. employer to use E-Verify, the
government’s electronic system for determining if a new hire is actually eligible to work in the
U.S., within three years.
As the bill was being drafted by Judiciary chairman Lamar Smith, most business groups have
been negotiating details like federal preemption, “safe harbors” for employers who are using the
system...
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By host on
5/26/2011 3:31 PM
via Craig Regelbrugge with ANLA
The Supreme Court has rendered its decision in the case challenging the Arizona requirement that employers use the federal E-Verify program as a condition of obtaining/maintaining a business license. The Supreme Court has upheld the 9th Circuit’s finding that the Arizona law is not preempted by federal law. Much more detailed analysis of the decision to come after the lawyers have lawyered and analyzed the decision. That said, we may now see the floodgates open for more state-level copycat laws mandating E-Verify. Link to the full decision below.
Click the download button to read the story in printable pdf form.
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By host on
5/16/2011 3:21 PM
Washington, D.C.— The American Nursery and Landscape Association(ANLA) has taken action in response to the U.S. Department of Labor’s (DOL) recently proposed changes to the H-2B program. Widely used by landscape installation and maintenance professionals and other seasonal employers seeking a legal workforce, these proposed changes would increase filing requirements and advertising timelines for employers seeking to fill positions. Employers will be subject to stricter requirements to hire any and all available US workers, despite historically low interest and retention of these applicants. “DOL’s proposed changes will render the program unworkable for responsible landscape installation and maintenance employers seeking a legal, seasonal workforce,” said Hadley Sosnoff, ANLA’s Director of Government Relations.
Submitting comments to DOL for review, ANLA is pursuing a three-pronged approach to defending the H-2B program. First, ANLA joined partners in the H-2B Workforce Coalition to convey how...
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