Wednesday, January 18th, 2017

11th Circuit Holds Labor Department Has No Authority to Issue H-2B Rules

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"Today the United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Northern District of Florida enjoining the Department of Labor (DOL) from enforcing its non-immigrant non-agricultural unskilled labor visa program (H-2B) in Bayou Lawn and Landscape Services v. Solis.  The court found that the district court did not abuse its discretion in entering the preliminary injunction and affirmed de novo the district court’s interpretation of the law.  This case is mostly over – the preliminary injunction remains in effect through determination of the case, but the district court and the court of appeals have already determined the ultimate issue of the legality of DOL’s regulations