By Timothy S. Donahue
Top takeaways:
Constitutional challenge: A Kentucky tobacco farm states the Department of Labor is functioning as “prosecutor, judge and jury.”
Labor dispute: The case arises from a $70,000 penalty related to H-2A seasonal worker wage and contract regulations.
Supreme Court backdrop: The lawsuit references recent rulings affirming companies’ right to jury trials in specific agency enforcement cases.
A Kentucky tobacco farm is suing a federal labor enforcement action in court, arguing that the U.S. Department of Labor’s (DoL) internal adjudication process violates its constitutional rights.
Triple R Farms filed suit against the DoL after the agency imposed a $70,000 penalty tied to alleged wage and contract violations involving workers under the federal H-2A visa program.
The farm argues that the proceedings are inherently unfair because it has to defend itself before a DoL administrative law judge (ALJ) instead of a federal court.
“Triple R Farms is suffering ongoing and irreparable harm, as it is being forced to defend itself in an unconstitutional proceeding overseen by an illegitimate agency ‘judge,’” the lawsuit states.
The company argues that the DoL has effectively positioned itself as “prosecutor, judge and jury” and is seeking to have the case heard in a judicial court with a jury rather than through the agency’s internal process.
The dispute revolves around a 2021 audit, which the DoL reviewed to determine that the farm owed back wages under H-2A program rules. Employers in the program usually must ensure workers are guaranteed at least three-fourths of the scheduled workdays unless workers choose to leave early.
Triple R claims the workers in question chose to leave before finishing the season, which would exempt the farm from certain payment obligations. The farm also stated it offered alternative work, including cleanup tasks, to satisfy contractual requirements.
According to the filing, the DOL rejected the farm’s arguments and proceeded with enforcement, scheduling a hearing before an administrative law judge for September.
The lawsuit depends heavily on recent legal precedent, including a 2024 U.S. Supreme Court decision that determined companies involved in certain enforcement actions have a Seventh Amendment right to a jury trial instead of being compelled into agency proceedings.
“Still, DOL proceeds undeterred,” the lawsuit states, adding that the agency has repeatedly rejected efforts to move the case into federal court.
The case also faces similar challenges to enforcement structures within federal and state agencies, highlighting broader legal scrutiny of how regulatory bodies resolve disputes.
Triple R Farms, owned by David and Debbie Ross, now faces a critical legal test that could shape how labor enforcement actions are managed for agricultural operators going forward.
