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Global Horizons, Inc. v. U.S. Department of Labor

9th CircuitDecember 13, 2007No. 07-55116Cited 24 times
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Case Details

Judge(s)
Wallace, Nelson, Smith
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful Termination

Outcome

The Ninth Circuit affirmed the district court's denial of Global Horizons' application for preliminary injunctive relief against the DOL's three-year debarment of the company from the H-2A labor certification program, holding that Global Horizons failed to demonstrate a likelihood of success on the merits regarding equitable tolling of the seven-day filing deadline.

What This Ruling Means

**What happened:** Global Horizons, a company that helps bring foreign workers to the U.S. through the H-2A agricultural visa program, was banned by the Department of Labor from participating in this program for three years. The company challenged this ban in court, asking for emergency relief to stop the ban while their case was being decided. The issue centered on whether Global Horizons had missed an important seven-day deadline to file their appeal, and whether they should get extra time due to special circumstances. **What the court decided:** The Ninth Circuit Court of Appeals ruled against Global Horizons. The court upheld the Department of Labor's three-year ban and refused to grant the company's request for emergency relief. The court found that Global Horizons was unlikely to win their main case because they couldn't prove they deserved extra time beyond the seven-day filing deadline. **Why this matters for workers:** This ruling strengthens the Department of Labor's ability to enforce rules in guest worker programs. When companies that recruit foreign workers violate regulations, the government can effectively ban them from the program. This protects both foreign and domestic workers by ensuring that only compliant companies can participate in bringing temporary workers to the United States.

This summary was generated to explain the ruling in plain English and is not legal advice.

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