UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 16, 2011
COMITE DE APOYO A LOS TRABAJADORES AGRACOLAS, ET AL.,
HILDA SOLIS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Louis H. Pollak Pollak, J.
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:
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