NCAE-led coalition files Supreme Court brief challenging Labor Department H-2A enforcement system

The National Council of Agricultural Employers (NCAE), joined by 19 national and state agricultural organizations, filed an amicus brief with the U.S. Supreme Court supporting Sun Valley Orchards in a case challenging how the U.S. Department of Labor enforces penalties under the H-2A agricultural worker program.

The case, Department of Labor v. Sun Valley Orchards, arose after the Labor Department investigated the New Jersey family-owned farm and assessed about $550,000 in back wages and civil penalties. Rather than pursuing the case in federal court, the agency resolved it through its administrative tribunal system.

The coalition argued the Labor Department lacks clear congressional authorization to establish and operate administrative courts for disputes involving H-2A employers. According to the brief, Congress authorized the Secretary of Labor to impose penalties and seek equitable relief but did not establish agency courts, hearing procedures or review mechanisms for these cases.

“NCAE is grateful for the partnership with Southeastern Legal Foundation and a robust group of agricultural organizations from across the country in filing this amicus brief in support of Sun Valley and the rights of producers everywhere,” John Hollay, president and CEO of NCAE, said. He added that the Supreme Court has an opportunity to determine whether agricultural employers receive constitutional due process protections.

“Farming is the backbone of the American economy,” Kim Hermann, Southeastern Legal Foundation (SLF) president, said. “These hard workers face some of the most grueling and challenging physical labor just to provide the groceries that we all purchase with ease. Why a government agency would choose to make life harder for these people and impose truly ruinous fines is completely beyond me. 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.” 

The coalition also argued the current system allows the Labor Department to act as rulemaker, prosecutor, judge and collector of penalties within a single agency. The organizations maintained that Congress would have needed to explicitly authorize that structure.

The case could affect agricultural employers nationwide that use the H-2A program to address labor shortages by determining whether significant civil penalties must be decided in an independent court or may continue to be resolved through agency administrative proceedings.

The amici joining the brief are:

• 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 Council of Agricultural Employers (NCAE)
• 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