NCAE-led coalition files Supreme Court brief in H-2A labor case
The filing contends that Congress authorized the Department of Labor to assess penalties for H-2A violations but did not authorize the agency to establish its own binding adjudication system.
The National Council of Agricultural Employers (NCAE) announced Aug. 3 it has joined Southeastern Legal Foundation (SLF) in filing an amicus curiae brief with the U.S. Supreme Court in support of Sun Valley Orchards, LLC.
The coalition argues that agricultural employers should be able to challenge Department of Labor (DOL) penalties in federal court rather than through the agency’s internal administrative process.
The brief was filed in Department of Labor v. Sun Valley Orchards, LLC, a case now before the Supreme Court after the Third Circuit ruled in favor of the Pennsylvania orchard. The case centers on whether DOL has the authority to impose civil penalties through its own administrative court system for alleged H-2A program violations or whether employers are entitled to have those cases heard in an independent court venue.
The legal case stems from DOL enforcement actions that resulted in more than $550,000 in penalties against Sun Valley Orchards. NCAE and SLF argue the agency’s current administrative enforcement process improperly allows DOL to investigate, prosecute and adjudicate alleged violations within the department itself, rather than before an independent federal judge.
“American farmers have been subjected to a disciplinary system that has turned the Department of Labor into judge, jury and executioner in the H-2A program,” said John Hollay, NCAE president and CEO. “Our amicus brief makes the case for why employers should not relinquish their constitutional rights just because they rely on the H-2A visa program to keep their farms in business. We remain confident the Justices will protect the rights of the American farmer.”
The coalition contends Congress authorized the DOL to assess penalties for H-2A violations but did not authorize the agency to establish its own binding adjudication system. The filing argues that if the statute is interpreted to permit DOL’s current enforcement structure, it would represent an unconstitutional delegation of legislative authority.
SLF President Kim Hermann said the case has wide-ranging implications beyond just a single farm.
“Farming is the backbone of the American economy,” Hermann said. “We cannot take their hard work for granted, and that’s why we must fight to make sure the government isn’t making their lives harder by enforcing random fines.”
Participating organizations
According to NCAE, the amicus brief was filed on behalf of the organization and a coalition of national and state agricultural associations representing growers, producers and agricultural employers across the country.
- AmericanHort
- California Farm Bureau Federation
- Florida Farm Bureau Federation
- Florida Fruit & Vegetable Association
- Georgia Fruit and Vegetable Growers Association
- Idaho Dairymen’s Association
- International Fresh Produce Association
- National Association of Landscape Professionals
- National Onion Association
- National Potato Council
- New York State Horticultural Society
- New York State Vegetable Growers Association
- North Carolina Growers Association
- North Carolina Sweetpotato Commission
- Texas Citrus Mutual
- Texas International Produce Association
- Texas Vegetable Association
- Washington State Dairy Federation
- Western Growers Association