Monday, September 26, 2011

Breaking News: TRO Issued In H-2B Prevailing Wage Hike Lawsuit

"Based on the facts set forth in the motion, the complaint, supporting declarations and the memoranda, plaintiffs have sufficiently established that they meet the requirements for a temporary restraining order. Plaintiffs have demonstrated a substantial likelihood of success on the merits that neither defendant is authorized by statute to issue either the Final Wage Rule titled 'Wage Methodology for the Temporary non-Agricultural Employment H-2B Program" (76 Fed. Reg. 3452 (Jan. 19,2011)) or the Final Expediting Rule titled "Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Amendment of Effective Date" (76 Fed. Reg. 45,667) (Aug. 1,2011 )), these rules are inconsistent with and prohibited by the Immigration and Nationality Act, these rules fail to comply with the Regulatory Flexibility Act, and these rules are arbitrary and capricious. Moreover, plaintiffs will be imminently and irreparably harmed if these ruled were to go into effect, in that certain plaintiff small businesses will be unable to continue employing H-2B employees and, as a result, will be unable to complete existing contracts, which then are likely to be taken over by competitors located in low-cost labor markets. This, in turn, will imperil the continued viability of plaintiff small businesses and create an economic impact on small entities that could exceed $100 million for the fourth quarter of 2011. In contrast, defendants will suffer no harm as a result of this Temporary Restraining Order. Thus, the public interest favors the issuance of a Temporary Restraining Order to maintain the status quo until a preliminary injunction hearing is conducted, and this Temporary Restraining Order is granted with notice in order to avoid further harm to the plaintiffs."

Bayou Lawn & Landscape Services, et al., v. Solis, CASE NO.: 3:11cv445/MCRIEMT, UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF FLORIDA, PENSACOLA DIVISION, Sept. 26, 2011.

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