Bayou III: Latest Developments

Major Points:

1.  Employers continue to press their challenge to the April 2015 H-2B Rules; what the latest move was and what it means

2.  Employers alerted the Court in Florida that the timing of its decision is important.

3.  The employers' filing is at this link.  

Late yesterday, H-2B employers filed a "Status Report" with the federal court in Florida.  That Court is considering H-2B employers' challenge to DOL/DHS' April 2015 H-2B regulations (program and wage).  The Status Report informs the Court about DOL/DHS' (non-)implementation of the new rules.  It also informed the Court about the importance of the timing of its decision..

The Status Report is short.  It points out that DOL/DHS' (non-)implementation of the April 2015 regulations enhances the original injury that lead to the case in the first place.  The introduction reads:

Plaintiffs respectfully submit this Status Report and Request To Expedite to inform the Court about the status of the Department of Labor’s (“DOL”) implementation of the Interim Final Rule that Defendants adopted on April 29, 2015.  “Because [DOL is] is working with new regulations, [DOL’s] review process, criteria, and treatment of issues continues to evolve.”  Due to the lack of established review processes, substantive criteria, and uniform treatment of issues, DOL’s administration of the H-2B Program enhances and spreads the injury arising from Defendants’ original, unlawful set of regulations in April 2015.

In short, DOL is making up the rules as it goes along.  

DOL/DHS opposed informing the Court about their inability to operate the H-2B program.  They also opposed employers' request to expedite.  It is expected that the agencies will file a motion to strike in a week or two.  Check back here for updates as they occur.

When the Court will issue its decision on H-2B employers' challenge is unknown and difficult to predict. The Court will take all the time it needs in light of the importance of this case.