As we reported here and here, the National Council of Agricultural Employers (NCAE), which Western Growers serves on their Executive Committee, and Nevada-based grower Peri & Sons sued the U.S. Department of Labor (DOL) to stop unsustainable increases in the minimum wage for H-2A visa foreign guestworkers, known at the Adverse Effect Wage Rate (AEWR). 

On March 18th, a District Court judge issued an order dismissing the lawsuit. The court ruled that the Plaintiffs’ claims first accrued in March 2010, when the 2010 H-2A Rule was codified, and the statute of limitations expired in March 2016. Since Plaintiffs did not bring file the lawsuit until 2019 the court determined the lawsuit is time barred. The court indicated it will submit a final order dismissing the lawsuit. The plaintiffs are exploring next steps with their legal counsel.

Click here for full version of the District Court’s Memorandum Opinion.