Nov 26, 2024

USApple plaintiff in federal case granting nationwide labor rules enforcement stay

As one of the plaintiffs in a federal court case that granted a nationwide stay of enforcement of labor rules, the U.S. Apple Association (USApple) is commenting on the ruling.

On Nov. 25, a federal district court in Mississippi found the U.S. Department of Labor (DOL) lacked the authority to issue certain parts of regulations of the H-2A visa program it issued in April 2024.

The provisions that have been overturned were the most problematic parts of that rule including requiring agricultural employers to allow temporary foreign farmworkers to unionize. The judge issued a stay of the regulations effective date precluding the DOL from enforcing the regulations nationwide, according to a news release.

USApple joined several other agricultural organizations to fight the rules.

“Apple growers rely on the H-2A guest worker program to bring America’s favorite fruit to market. The new DOL rule would have added administrative costs for growers at a time when they are already struggling. We applaud the court’s decision,” Jim Bair, USApple president & CEO, said in the release.

This ruling follows an August decision in Georgia which enjoined the rule in its entirety in the 17 states that brought that suit. In response the DOL decided to continue to enforce the regulations in the other 33 states not covered by that court’s injunction, according to the release.

“It’s a relief that logic and common sense have prevailed,” Brett Baker of United Apple Sales and chairman of USApple’s board of directors, said in the release. “It’s now time for the Department of Labor to formally scrap it.”

USApple submitted formal comments when the regulations were first proposed by DOL, questioning the lawfulness of the proposed regulations and also raising many practical concerns about the added administrative burdens and expenses.

Based in Falls Church, Virginia, the U.S. Apple Association or USApple is a national trade association representing all segments of the apple industry. Members include 36 state and regional apple associations, representing 26,000 apple growers throughout the country and more than 3,700 apple-related companies. USApple’s members collectively grow more than 11 billion pounds of apples a year on average, supporting 150,000 jobs and generating more than $8 billion in total wages and $23 billion in economic activity.