The Professional Landcare Network (PLANET) is among a group that filed a federal lawsuit Monday, a last-ditch effort to stop the implementation of a new H-2B program rule set to become effective April 23.
According to PLANET, the program rule it seeks to block would require employers to “hire any qualified U.S. worker up to 21 days before an H-2B worker is scheduled to begin.” That’s even if the employer already has offered the job to an H-2B worker, assisted with that worker’s visa process and paid for the worker’s transportation, housing and other fees. The proposed rule also would involve labor unions in the hiring process.
PLANET’s suit was filed in the Northern District of Florida and is in addition to a separate H-2B suit it already has pending there. The suits could be combined at the judge’s discretion, PLANET Director of Government Affairs Tom Delaney told LM.
“We’ll just have to see” what the outcome is, Delaney said. “We can’t guess what the judge might do.”
With April 23 looming, Delaney knows PLANET doesn’t have much time to act. The organization plans to make a big push on Capitol Hill this week. “We need to drum up more congressional support for the bills that are out there,” Delaney said.
The U.S. Chamber of Commerce joined the federal lawsuit later on Monday, fueling the effort to block the implementation of the H-2B program rule.
“I applaud PLANET for taking a bold stand,” said Sandy Munley, executive director of the Ohio Landscape Association. “Because the regulations as they stand will make the program unusable. Unfortunately, there are companies that no matter how hard they try to hire Americans, they’ve been unsuccessful. And I don’t know where they’re going to find employees.”
The program rule could lead to the shuttering of some landscape companies and a ripple effect ending in the loss of American jobs, Munley added. “It’s kind of scary,” she said. “I wish I could say I was optimistic, but at this point I just don’t know.”
PLANET Monday again urged its members to step up and encourage Congress to pass legislation that would block the DOL from implementing both the program rule and the wage rule. “Increased congressional awareness and outcry will help bolster our legal challenge and put additional pressure on the DOL to rescind the rules,” stated the release.
PLANET members can reach their senators and congressmen through the U.S. Capitol switchboard, 202-225-3121. Or, they can click here to sign a letter through PLANET’s Legislative Action Center.
