Familias Unidas Por La Justicia AFL-CIO v. United States Department of Labor

Opinion

11 22 33 44 55 66 77 IN THE UNITED STATES DISTRICT COURT AT SEATTLE 99

1100 FAMILIAS UNIDAS POR LA JUSTICIA, CASE NO. C24-0637JHC AFL-CIO, a labor organization Plaintiff, ORDER MODIFYING SECOND 1122 PRELIMINARY INJUNCTION; v. ORDER THEREON 1133 UNITED STATES DEPARTMENT OF 1144 LABOR, and LORI CHAVEZ-DeREMER, in (Note on Motion Calendar for: her official capacity as United States Secretary April 24, 2025) 1155 of Labor,

1166 Defendants.

1177 1188 WHEREAS on March 28, 2025, the Court entered a second preliminary injunction in this 1199 action (Dkt. #145); and 2200 WHEREAS on April 14, 2025, Defendants filed a motion to alter or amend the second 2211 preliminary injunction entered in this action pursuant to Rule 59(e), Fed. R. Civ. P (Dkt. # 154), 2222 which is presently noted for April 29, 2025; and 2233 WHEREAS the parties have reached agreement on wording to modify the second 2244 preliminary injunction and further agree that if the proposed modification is adopted by the Court, 2255 Defendants’ motion to alter or amend the second preliminary injunction may be taken off-calendar; 2266 // 2277 // 11 NOW THEREFORE, the parties, through their respective attorneys of record, do hereby 22 stipulate and agree that the Court may make and enter the following order: 33 1. The preliminary injunction issued by the Court on March 28, 2025 (Dkt. # 145), shall 44 be modified as follows; 55 All text starting at p. 19, line 20, through p. 20, line 10, of Dkt. # 145 shall be stricken 66 and replaced completely with the following text: 77 • Immediately take the following actions with regard to the AEWR-only job orders 88 approved when there is an applicable prevailing piece rate wage for the particular crop or agricultural activity located in Washington since November 25, 2024: 99 • Give notice to all relevant employers in Washington that they must 1100 unequivocally offer and pay the applicable prevailing piece rate wage(s) under the 2020-Survey prevailing wage rates in compliance with the Ninth Circuit’s 1111 conclusion on the application of 20 C.F.R. §§ 655.120(a) and 655.122(l) in Torres Hernandez v. Su, 2024 WL 2559562, at *1 (9th Cir. May 24, 2024) from the date of 1122 notice forward;

1133 • Give notice to all relevant employers in Washington that they must expeditiously disclose applicable piece-rate prevailing wages to their employees; 1144 • Post notice on the Department’s Office of Foreign Labor Certification Web 1155 Announcement webpage, the Foreign Labor Application Gateway (FLAG system), and the Agricultural Online Wage Library (AOWL), listing the currently 1166 applicable piece-rate prevailing wage rates for Washington, that states that all relevant employers employing workers in a specific crop or agricultural activity 1177 must offer and pay the applicable active prevailing piece rate wage for work performed in Washington. The Department will keep such notice posted to the 1188 FLAG system and AOWL at least until 50 percent of the work contract period lapses for the relevant certifications 1199 • Request Washington ESD to post a notice on its WorkSource website with 2200 all active applicable piece-rate prevailing wage rates for Washington, and which states that all relevant employers employing workers in a specific crop or 2211 agricultural activity must offer and pay the applicable active prevailing piece rate wage for work performed in Washington, and asking that such notice remain 2222 publicly available until 50 percent of the work contract period lapses for the relevant certifications; and 2233 • Take immediate action to ensure that all current and future proposed job orders for 2244 the 2025 season are reviewed for compliance consistent with this Order.

2255 2. The preliminary injunction issued by this Court, as modified by this order, shall be 2266 effective immediately. 2277 11 3. Defendants’ Motion to Partially Alter or Amend Second Preliminary Injunction 22 (Dkt. # 154) shall be taken off-calendar. 33 SO STIPULATED. 44

55 DATED this 24th day of April 2025. 66

Acting United States Attorney 88

99 /s/ Brian C. Kipnis Assistant United States Attorney 1111 Office of the United States Attorney 5220 United States Courthouse 1122 700 Stewart Street Seattle, Washington 98101-1271 1133 Phone: (206) 553-7970 E-mail: brian.kipnis@usdoj.gov 1144 Attorneys for Defendants 1155 I certify that this memorandum contains 526 words, 1166 in compliance with the Local Civil Rules.

1188 SO STIPULATED. 1199

2200 DATED this 24th day of April 2025.

2211 COLUMBIA LEGAL SERVICES 2222

2233 s/ Andrea Schmitt 2244 Andrea Schmitt, WSBA #39759 711 Capitol Way S., Ste. 706 2255 Olympia, WA 98501 (360) 943-6260 2266 andrea.schmitt@columbialegal.org

2277 Attorneys for Plaintiff 2 3 SOORDERED. The Court STRIKES as moot the motion at Dkt. # 154.

4 DATED this 24th day of April 2025. 5 6 7 oh Chea JO . CHUN 8 United States District Judge 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION FOR ORDER MODIFYING SECOND PRELIMINARY INITINCTION: ORDER THEREON - 4