An attempt by United Farm Workers to block lower wage rates for farm laborers has been rejected by a federal judge.
The group failed to show “irreparable harm,” a key requirement in obtaining a preliminary injunction, U.S. District Judge Kirk Sherriff said in his order issued Wednesday.
At issue was an interim final rule (IFR) issued by the Labor Department in October that it estimates would save employers – and cost farmworkers – $2.5 billion annually.
John Hollay, president and CEO of the National Council of Agricultural Employers, which backed Labor in the case, issued a statement applauding the decision.
“The DOL IFR levels the playing field for America’s farmers, ranchers and growers,” Hollay said. “We are deeply appreciative that the court in California denied this motion, which would have wreaked havoc on H-2A employers during a busy growing season.”
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Sherriff said UFW had not been able to show farmworkers would suffer irreparable harm from the new rule.
In its IFR, the Labor Department said it would no longer base adverse effect wage rates (AEWRs) under the H-2A program on the Agriculture Department’s Farm Labor Survey, which USDA has already said it was scrapping. Instead, Labor will use the Occupational Employment and Wage Statistics (OEWS) survey from the Bureau of Labor Statistics. UFW sought a new methodology.
“Irreparable harm traditionally includes harm for which there is no adequate remedy; economic damages do not typically constitute irreparable harm,” Sherriff said in his order.
Farmworker declarations submitted to the court did not show that any individuals “have had any difficulties in paying for costs of living, or suffered any other irreparable harm, due to the wage reductions or the IFR,” Sherriff said. “Based on the evidence currently before the court, plaintiffs have failed to show that they are likely to suffer irreparable harm due to the IFR.”
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