Oct 23, 2024

NCAE lawsuit on farm labor rule gains court hearing

The U.S. District Court for the Eastern District of Kentucky has scheduled a hearing for a lawsuit brought by the National Council of Agricultural Employers (NCAE) and several agricultural associations.

The case challenges the Department of Labor’s controversial rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States.” The hearing is set for Nov. 4 at 9 a.m.

Michael Marsh, NCAE President and CEO, welcomed the court’s swift action.

“America’s farm and ranch families are grateful that the court in Kentucky is treating this matter seriously,” Marsh said in a news release. “This rule unlawfully strips employers of their constitutional rights, imposes illogical new duties that jeopardize farmworker safety, and unfairly burdens U.S. producers by inflating costs.”

The lawsuit is the latest chapter in a nationwide legal battle over the rule. On Aug. 29, the U.S. District Court for the Southern District of Georgia granted a preliminary injunction blocking the rule in 16 states, including Texas, Florida, and Virginia. However, the injunction leaves two-thirds of the states exposed to the rule’s provisions.

NCAE is pushing to expand the injunction nationwide, arguing that the rule creates unnecessary financial and operational burdens for farmers and ranchers. Marsh said he hopes the Kentucky court will strike down the rule entirely, allowing agricultural producers to focus on providing food for American consumers without undue regulatory interference. For more information, visit NCAE’s website.