AFL-CIO v. McLAUGHLIN

Civ. A. No. 87-1683.

702 F.Supp. 314 (1988)

AFL-CIO, et al., Plaintiffs, v. Ann McLAUGHLIN, et al., Defendants, and National Council of Agricultural Employers, et al., Defendants-Intervenors, and American Farm Bureau Federation, Defendant-Intervenor.

United States District Court, District of Columbia.

December 20, 1988.


Attorney(s) appearing for the Case

Shelley Davis, Edward Tuddenham, Migrant Legal Action Program, Washington, D.C., Garry G. Geffert, West Virginia Legal Services, Martinsburg, W.Va., David Silberman, Associate Gen. Counsel, AFL-CIO, Washington, D.C., for plaintiffs.

John R. Bolton, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Drake Cutini, U.S. Dept. of Justice, Washington, D.C., for Federal defendants.

John M. Simpson, Robert A. Burgoyne, Fulbright & Jaworski, Washington, D.C., for National Council of Agr. Employers.

Kathryn A. Oberly, Michael F. Rosenblum, Patricia A. McCoy, Mayer, Brown & Platt, Washington, D.C., for American Farm Bureau Federation.


MEMORANDUM OPINION

SPORKIN, District Judge.

On this date, in a separate opinion, I enjoined the Department of Labor ("DOL" or "Department") from implementing the new Adverse Effect Wage Rate regulations it adopted in 1987 ("AEWR Opinion"). Now before me is a related regulation which is intended to provide protection for farmworkers paid on a piece rate basis. 20 C.F.R. Sec. 655.102(b)(9)(ii) (April 1, 1988);...

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