What You Need To Know:
1. Bayou II is the case that ruled that DOL cannot make law for the H-2B Program.
2. The Court of Appeals wants Judge Rodgers to rule on whether DOL's April 2015 rules moot the authority issue.
The 11th Circuit issued an opinion in the Bayou II case today. Bayou II is the case which held that DOL had no legislative rulemaking authority over the H-2B Program. The opinion sends the case back to Judge Rodgers in Pensacola for a ruling about whether DOL’s April 2015 Rules moot the challenge to the 2012 Program Rule. The industry is still assessing the effects of this decision.