GFVGA Joins in Landmark Lawsuit Against Department of Labor

The Georgia Fruit and Vegetable Growers Association, represented by the Southeastern Legal Foundation, joined a coalition of produce growers, farmers, and State Attorneys General to bring suit against the Department of Labor challenging new rules proposed for the H-2A program.

LAGRANGE, Ga., June 12, 2024 /PRNewswire-PRWeb/ -- The Georgia Fruit and Vegetable Growers Association, represented by the Southeastern Legal Foundation, joined a coalition of produce growers, farmers, and State Attorneys General to bring suit against the Department of Labor challenging new rules proposed for the H-2A program.

The new "Worker Protection Rules", slated to go into effect in late June, will continue to make the H-2A program prohibitively expensive and exceeds authority granted to DOL all the while adding more complex regulations to the already overly complicated program.

During the New Deal, Congress gave some employees the right to form labor unions through the National Labor Relations Act (NLRA), but it explicitly excluded farm workers from the right to form unions and has continued to do so for nearly 90 years.

Now, without any signal of approval from Congress, the Department of Labor is taking unprecedented steps to create rights Congress did not intend.

Under a new agency rule, the Department is requiring agricultural employers to allow temporary foreign farm workers to form unions, creating a new right out of thin air that is not even granted to American farm workers. The Department claims that it has authority to do so under the Immigration Reform and Control Act, even though that congressional statute?which grants temporary H-2A employment visas to migrant farm workers?never so much as mentions the right to form unions.

Vice President of Litigation for SLF Braden Boucek states, "President Biden is once again mobilizing the bureaucracy to dismiss and override Congress when it won't act as he wants. This time it comes at the expense of America's farmers. Making a living off the land is hard enough these days without the Department of Labor granting a right to foreign workers that is denied to Americans."

Executive Vice President for Georgia Fruit and Vegetable Growers Association Chris Butts states, "This drastic measure by the Department of Labor will be devastating for the agricultural industry, not just in Georgia but across the nation. Our members' farms and employees will suffer because they cannot afford to meet this program's unreasonable and unlawful demands. We must level the playing field for producers instead of continuing to stack the deck against them."

About GFVGA

Formed in 1996, the Georgia Fruit and Vegetable Growers Association represents farmers and industry who grow and harvest fruits and vegetables in the southeastern United States. GFVGA provides a viable and united voice to represent the industry. Through support for educational programs, agricultural research, member services, and marketing activities, GFVGA encourages efficient, cost-effective production for growers and increased consumption by consumers. www.gfvga.org

Media Contact

Braden Boucek, Ga Fruit and Vegetable Growers Association, 1 6154784695, [email protected], www.gfvga.org

Kimberly Hermann, Southeastern Legal Foundation, 1 4045422770, [email protected], GFVGA.org

SOURCE Ga Fruit and Vegetable Growers Association