News & Analysis as of

Constitutional Challenges Administrative Law Judge (ALJ) Department of Labor (DOL)

Fisher Phillips

Agency Judges’ Power at Risk Again: Family Farm Fights Back After DOL Demands $500K for Alleged H-2A Program Violations

Fisher Phillips on

A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more

Proskauer Rose LLP

Axed ALJ Removal Protections Mark Big Shift For NLRB

Proskauer Rose LLP on

The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board and the National Labor Relations Act took a potentially significant turn in a decision issued by the U.S....more

Jones Day

Court Rules DOL's ALJ Enforcement Scheme Likely Unconstitutional

Jones Day on

A government contractor challenged a U.S. Department of Labor ("DOL") Office of Federal Contract Compliance Programs ("OFCCP") enforcement scheme in federal court as violating the United States Constitution. The contractor...more

Constangy, Brooks, Smith & Prophete, LLP

Court halts OFCCP enforcement proceedings against contractor

The future of DOL’s administrative law judges is now murky. When the Office of Federal Contract Compliance Program believes that a contractor has violated affirmative action obligations, its tried-and-true practice for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Ruling in Texas Challenges OSHA’s Administrative Law Judge System

In May 2023, in the wake of a ruling by the Supreme Court of the United States that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies, we predicted that the...more

Benesch

Texas Decision Calls Into Question the Use of Administrative Law Judges

Benesch on

On October 30, 2024, a Texas federal judge issued a preliminary injunction blocking the U.S. Department of Labor (“DOL”) from using its in-house administrative law judges to oversee administrative proceedings against a...more

Genova Burns LLC

New Complaint Questions the Constitutionality of the Occupational Safety and Health Review Commission

Genova Burns LLC on

Kenric Steel, LLC, a New Jersey based steel fabrication company, filed a complaint in the U.S. District Court of New Jersey alleging that the Occupational Safety and Health Review Commission (OSHRC), an independent federal...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

A couple of big-time SCOTUS opinions released yesterday will leave their mark on the financial world— First, the High Court found that internet retailers can be “required to collect sales taxes in states where they have no...more

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