Supreme Court conservatives skeptical of DOL in-house judges' power to penalize H-2A farm employer
Key points
- The Supreme Court heard oral argument Tuesday on whether Labor Department in-house judges can order a New Jersey farm to pay penalties for H-2A violations
- Several Republican-appointed justices appeared doubtful that H-2A employer requirements fall within the "public rights" exception
- The case could further limit what agencies can enforce in administrative proceedings
The US Supreme Court heard oral argument Tuesday on whether Labor Department in-house judges can order a New Jersey farm to pay penalties for violating the H-2A seasonal worker visa program. Several Republican-appointed justices appeared doubtful that H-2A employer requirements fall within the "public rights" exception to Article III adjudication. The case could further limit what agencies can enforce in administrative proceedings.
What employers should do
- Review H-2A compliance records and monitor how the ruling affects administrative penalties
Policy details
- Jurisdiction
- Federal
- Status
- Enforcement action
- Effective date
- —
- Employers covered
- H-2A seasonal worker visa program employers
- Official source
- Official source pending
Original report: Bloomberg Law News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.