Judge Vacates 2008 DOL Rule Over H-2B Labor Certification

Law360, New York (March 5, 2015, 3:32 PM EST) -- A Florida federal judge on Wednesday struck down an approximately six-year-old U.S. Department of Labor rule that governed the H-2B labor certification process just months after nixing an updated version of the regulation in another case, saying the agency lacked the authority to enact the rules.

U.S. District Judge M. Casey Rodgers vacated the DOL’s 2008 H-2B program rule, which pertained to temporary nonagricultural workers, and granted plaintiff Gabriel Perez’s bid to permanently enjoin the labor department from enforcing it. The judge concluded that the DOL lacked the authority under the Immigration and Nationality Act to promulgate regulations impacting the H-2B...

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