COMITE DE APOYO A LOS TRABAJADORES AGRICOLAS et al v. SOLIS et al

Filing 120

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.,

CIVIL ACTION

Plaintiffs,

No. 09-240

v.
HILDA SOLIS, et al.,
Defendants.

ORDER
AND NOW, this 15 of June, 2011, for the reasons discussed in the accompanying
memorandum:
(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
Pollak, J.