Judge issues injunction blocking H-2B rule changes

Updated Feb 19, 2013

The Professional Landcare Network (PLANET) together with other interested parties initiated two lawsuits in the Northern District of Florida against the new H-2B wage rule and the H-2B program rule that were released by the Department of Labor (DOL).

On Thursday, the judge in the case, Judge M. Casey Rodgers of the U.S. District Court Northern District of Florida Pensacola Division, issued a preliminary injunction preventing the DOL from implementing the program rule. While the ruling was issued in Florida, the decision applies nationwide.

Thursday’s ruling should also impact the DOL’s plans to implement the wage rule, which is currently blocked by Congress from taking effect until Sept. 30.

PLANET Director of Government Affairs Tom Delaney said PLANET does expect the DOL to appeal the decision, but any legal challenge will most likely take months to play out before a final decision is issued. In the meantime, the H-2B program will continue to be a viable program for landscape contractors across the country.

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