National Council of Agricultural Employers leads lawsuit against the Department of Labor, citing unconstitutional overreach and burdensome regulations on farm and ranch operations.
The National Council of Agricultural Employers (NCAE), along with various agricultural associations and individual farmers, has taken legal action against the U.S. Department of Labor (DOL) to protect the interests of farm and ranch families nationwide.
The lawsuit, filed in the U.S. District Court for the Eastern District of Kentucky, challenges the Department’s controversial Final Rule titled “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” which they claim violates constitutional rights and imposes unreasonable burdens on employers.
The rule, as stated by the NCAE, undermines the due process rights of America’s agricultural employers. Among other concerns, the regulation imposes new duties on farmers that, according to the lawsuit, could jeopardize worker safety and unduly complicate operations. Additionally, the rule grants temporary foreign agricultural workers the right to unionize—a right that is not extended to American farmworkers, creating an imbalance within the workforce.
On August 29, a significant development occurred when the U.S. District Court for the Southern District of Georgia issued a preliminary injunction in Kansas, et al. vs. U.S. Department of Labor. This ruling temporarily blocked the implementation of the Final Rule in several states, including Georgia, Kansas, Texas, and Florida, among others. However, the ruling did not cover the entire country, leaving agricultural operations in two-thirds of the U.S. unprotected from the rule’s enforcement.
In the court’s decision, the judge criticized the DOL’s overreach, stating, “Agencies may play the sorcerer’s apprentice but not the sorcerer himself,” emphasizing that the DOL had exceeded its authority. The decision highlights the concerns over the Department’s actions in attempting to act beyond its legislative limits, which should be left to Congress.
Despite this legal setback, the Department of Labor issued a statement on September 10th announcing that it would proceed with processing applications for employers not covered by the injunction. These applications would be handled according to the new rule starting on September 12th. However, the Department would revert to previous regulations for those protected under the injunction, creating a complex, bifurcated application process for agricultural employers across the country.
In response to this move, Michael Marsh, President and CEO of NCAE, expressed his disappointment, stating that instead of reconsidering the rule based on the court’s feedback, the Department has opted to further complicate the situation. “Rather than taking heed of the Judge’s wise words and withdraw the Rule in its entirety,” Marsh said, “the Department decided to further complicate matters for farm and ranch families by creating a bifurcated application process at the whim of the Acting Secretary’s pen rather than through true notice-and-comment rulemaking.”
Farmers and ranchers across the country are frustrated by what they perceive as the Department’s disregard for their essential role in maintaining the nation’s food supply. As the litigation continues, NCAE and its allies are hopeful that the U.S. District Court for the Eastern District of Kentucky will ultimately rule in their favor and dismantle the controversial rule for good.
NCAE is a leading trade association that focuses on the interests of agricultural employers, particularly in matters related to labor. The organization remains committed to advocating for the rights and protections of the nation’s farm and ranch families as they face ongoing regulatory challenges.
