MENDOZA v. PEREZ

No. 13-5118.

754 F.3d 1002 (2014)

Reymundo Zacarias MENDOZA, et al., Appellants. Alfredo Conovilca Matamoros, Appellee v. Thomas E. PEREZ, In his Official Capacity as Secretary of the United States Department of Labor, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 2014.


Attorney(s) appearing for the Case

Julie A. Murray argued the cause for appellants. With her on the briefs were Michael T. Kirkpatrick and Edward J. Tuddenham.

Michelle R. LaPointe was on the brief for amici curiae The Southern Poverty Law Center, et al. in support of appellants.

Craig A. Defoe , Trial Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Stuart F. Delery , Assistant Attorney General, and David J. Kline , Director. Geoffrey Forney , Senior Litigation Counsel, entered an appearance.

Edwin B. Swan , pro hac vice, argued the cause for intervenors. On the brief was Carl W. Hampe.

Opinion for the Court by Circuit Judge BROWN.


BROWN, Circuit Judge:

The Immigration and Nationality Act creates a temporary foreign worker visa program that allows employers to hire foreign workers when there are not enough qualified and available American workers to fill open jobs. The Department of Labor is tasked with administering the visa program to protect the wages and working conditions of U.S. workers. In August 2011, the Department updated the special procedures that establish the minimum wages and...

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