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Assam: DOL Wage increase rule


Picheshwar

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Good news: Court just ruled that DOL wage increase interim final rule and USCIS interim final rule that will come effective December 07, 2020 will be set aside as the Court ruled in favor of plaintiff, Chamber of Commerce.

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Accordingly, the Court also finds the DOL Defendants have not met their burden to show that providing advance notice would have had consequences so dire that notice and comment would not have served the public interest. For this additional reason, the Court GRANTS Plaintiffs’ motion for partial summary judgment, and DENIES Defendants’ cross-motion.
CONCLUSION
The COVID-19 pandemic has wreaked havoc on the nation’s health, and millions of Americans have been impacted financially by restrictions imposed on businesses, large and small, during the pandemic; the consequences of those restrictions has been a fiscal calamity for many individuals. However, “[t]he history of the United States is in part made of the stories, talents, and lasting contributions of those who crossed oceans and deserts to come here. The National Government has significant power to regulate immigration. With power comes responsibility, and the sound exercise of national power over immigration depends on the Nation’s meeting its responsibility to base its laws on a political will informed by searching, thoughtful, rational civic discourse.” Arizona v. United States, 567 U.S. 387, 416 (2012).
For the reasons set forth above, Defendants failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the APA’s notice and comment requirements. Accordingly, the Court concludes that Plaintiffs are entitled to judgment in their favor on their first two claims for relief, and the Court sets aside the Rules on the basis that they were promulgated in violation of 5 U.S.C. section 553(b). The Court finds no just reason for delay, and it shall enter a partial judgment on those claims pursuant to Federal Rule of Civil Procedure 54(b).
IT IS SO ORDERED.
Dated: December 1, 2020
 ______________________________________
JEFFREY S. WHITE United States District Judge

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  • Picheshwar changed the title to Assam: DOL Wage increase rule
47 minutes ago, Picheshwar said:

Good news: Court just ruled that DOL wage increase interim final rule and USCIS interim final rule that will come effective December 07, 2020 will be set aside as the Court ruled in favor of plaintiff, Chamber of Commerce.

@Picheshwar ippude lechainava

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