Farm Employers Challenge H-2A Worker Organizing Protections (1)

Labor Department regulations protecting the rights of farmworkers on temporary visas to organize on the job violates the First Amendment rights of employers, a complaint filed by national and state agricultural trade groups argued.

The rule’s ban on coercive captive audience meetings is vague and fails strict scrutiny, according to the complaint filed Oct. 8 in the Southern District of Mississippi.

The employer groups, led by the International Fresh Produce Association, also argued that the rule isn’t authorized by the Immigration and Nationality Act and conflicts with the National Labor Relations Act, the statute guaranteeing the right of private sector ...