Dive Brief:

• A group representing agricultural employers has filed a lawsuit to overturn a Biden administration rule granting protections for temporary farmworkers who try to form unions.
• The National Council of Agricultural Employers, which is leading the suit, argues that Congress never explicitly granted H-2A visa workers protections when writing labor laws governing union organizing in 1935.
• The Department of Labor rule, which took effect in April, prohibits employers from retaliating against unionization efforts and clarifies what’s considered “for cause” termination. A federal judge in Georgia had already overturned the rule in 17 states following a suit from Republican lawmakers.