Georgia Fruit and Vegetable Growers Association, Miles Berry Farm, et al. v. U.S. Department of Labor

The Biden Administration has used the full force of its power to weaponize federal agencies against the Constitution. In its latest attack, the federal government seeks to unilaterally seize power and override Congress’s clear intent to exclude agricultural employees from the NLRA’s reach.

While federal agencies can enforce the law, and even interpret vague areas of the law, Congress was explicit that the NLRA’s right to unionize did not extend to farmworkers, American or foreign.

On top of that, the Department of Labor’s new rule gives more rights to foreign farm workers than to American farm workers because it only applies to workers with H2-A visas.

And the Department of Labor is just the latest agency to assault the agriculture industry. SLF has already sued the Department of Agriculture twice on behalf of America’s farmers for unlawfully and unconstitutionally giving more federal relief aid to and forgiving the loans of “socially disadvantaged” farmers at the expense and exclusion of white farmers.

Vice President of Litigation for SLF Braden Boucek states,

America’s agricultural industry is under attack. Taking a page from the Department of Agriculture’s book, the Department of Labor is now trying to undermine the rights of farmers and produce growers. This rule will have a devastating impact on farms across America, which are the lifeblood of our nation.

Executive Director for SLF Kimberly Hermann states,

This is all part of President Biden’s agenda. Since the very day he took office, his administration has done everything in its power to undermine Congress, the rule of law, and the Constitution. We are proud to fight alongside this coalition of states and farmers to hold it accountable.