Bayou III: DOL Responds To Plaintiffs' Status Report By Ignoring It


Key Points:

1.  DOL responded to Plaintiffs' Status Report on November 4, 2015.

2. DOL complains about the fact that document was filed.

3. DOL does not try to rebut the facts presented in the Status Report.


The small businesses and agents challenging DOL's 2015 H-2B Program and Wage rules (here and here) in federal court recently filed a Status Report and Request to Expedite.  The Status Report informed the Court that DOL's implementation of the supposedly necessary no-notice, no-comment rules was causing the very irreparable injury that DOL claimed the rules were designed to prevent.

 At 12:17 A.M. on November 4, 2015,  DOL responded with a brief of its own.  DOL's brief illustrates the strategy that Carl Sandburg articulated so well:

“If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell”

DOL does not deny that it is making things up as it goes along.  DOL does not deny that its processing is causing the confusion and chaos that the 2015 Rules were supposed to prevent.  DOL does not deny that an expedited ruling, one way or the other, would be in the public interest.  All DOL does is complain that Plaintiffs informed the Court about  DOL's implementation of its unlawful rules and ask that the Court ignore it.

The next development is likely to be the Court's anxiously-awaited ruling on the merits.