The District Court in the Eastern District of California has released an order denying the United Farm Workers’ (UFW) request for Preliminary Injunction in the litigation against the U.S. Department of Labor (DOL) on the DOL Interim Final Rule (IFR) updating how Adverse Effect Wage Rates (AEWR) are calculated for non-range H-2A occupations.

In the order, the Judge found that the UFW failed to demonstrate irreparable harm and thus denied their request for preliminary injunction to halt the enforcement of the rule. The Interim Final Rule stays in effect as a result.

The decision was also an important win for Western Growers, which joined the NC Chamber and other coalition partners in filing an amicus brief supporting DOL’s position. You can read the order in full here.

Western Growers is available to members for guidance and support. For questions about the Interim Final Rule, contact the Western Growers H-2A Services team.