Supreme Court, DOL, & Article III — Cert granted
The 3rd Circuit held that the US Dept. of Labor's imposition of hundreds of thousands of dollars in civil penalties through administrative proceedings was unlawful without an Article III judicial proceeding. DOL had imposed fines for violation of the H-2A visa provisions. Following the Supreme Court's opinion in SEC v. Jarkesy, 603 US 109 (2024), the court held that the imposition of civil penalties such as the ones at bar were historically analogous to common law actions, so the Department needed to pursue them through an Article III judicial proceeding.
The US Supreme Court granted certiorari on 04/27/2026 to decide whether DOL’s adjudication proceedings to collect monetary remedies from employers is authorized by 8 U.S.C. §1188(g)(2), and whether they are precluded by Article III.