COMITE DE APOYO A LOS TRABAJADORES AGRICOLAS et al v. SOLIS et al
MEMORANDUM AND ORDER THAT THE 1/1/12 EFFECTIVE DATE OF THE DEPARTMENT OF LABOR'S WAGE METHODOLOGY FOR THE TEMPORARY NON-AGRICULTURAL EMPLOYMENT H-2B PROGRAM, 76 FED. REG. 3452 (1/19/11),("THE WAGE RULE") IS VACATED. THE REMAINDER OF TH E WAGE RULE HAS NOT BEEN CHALLENGED AND REMAINS UNDISTURBED. THE COURT WILL EXPECT THAT, WITHIN FORTY-FIVE (45) DAYS, THE DOL WILL - IN COMPLIANCE WITH THE ADMINISTRATIVE PROCEDURE ACT, THE IMMIGRATION AND NATIONALITY ACT, AND THIS COURT'S ORDERS - ANNOUNCE A NEW EFFECTIVE DATE. THIS MATTER IS REMANDED TO THE DEPARTMENT OF LABOR FOR FURTHER PROCEEDINGS. SIGNED BY HONORABLE LOUIS H. POLLAK ON 6/15/11. 6/16/11 ENTERED AND COPIES E-MAILED.(fdc)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
COMITÉ DE APOYO A LOS
TRABAJADORES AGRÍCOLAS, et al.,
HILDA SOLIS, et al.,
AND NOW, this 15 of June, 2011, for the reasons discussed in the accompanying
(1) It is hereby ORDERED that the January 1, 2012 effective date of the Department of
Labor’s Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, 76
Fed. Reg. 3452 (Jan. 19, 2011), (“the Wage Rule”) is VACATED. The remainder of the Wage
Rule has not been challenged and remains undisturbed.
(2) The court will expect that, within forty-five (45) days, the DOL will—in compliance
with the Administrative Procedure Act, the Immigration and Nationality Act, and this court’s
orders—announce a new effective date.
(3) This matter is remanded to the Department of Labor for further proceedings.
BY THE COURT:
/s/ Louis H. Pollak
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