High Court's H-2A Case Could Reshape Agency Adjudication

Labor and Employment attorney Timothy Taylor and litigation attorneys Laura Flint and Tanner Slaughter co-authored a Law360 article examining a U.S. Supreme Court case that could reshape the federal government's use of in-house administrative proceedings. The authors discuss U.S. Department of Labor v. Sun Valley Orchards LLC, which centers on whether the U.S. Department of Labor (DOL) can adjudicate alleged H-2A visa program violations and impose monetary remedies on employers outside of an Article III court. Timothy, Laura and Tanner explain how the case could clarify the scope of the "public rights" exception following the Supreme Court's decision in SEC v. Jarkesy and potentially affect administrative enforcement well beyond the H-2A program. They note that the court's eventual ruling could have broader implications for the adjudication and enforcement authority of numerous federal agencies.

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