The U.S. Supreme Court has agreed to hear U.S. Department of Labor v. Sun Valley Orchards, LLC, a closely watched case that could significantly affect how the Department of Labor enforces H-2A program and other violations and assesses civil money penalties against agricultural employers. The Court granted review on April 27, 2026, and is expected to hear the case during its next term beginning in October.
At issue is whether the Department of Labor may constitutionally use its own internal administrative judges, rather than filing suit in federal court, to adjudicate alleged H-2A violations and impose back wages and penalties. The case stems from findings against Sun Valley Orchards, a New Jersey farm, involving alleged failures to provide compliant housing, meal arrangements, transportation, and guaranteed work opportunities under the H-2A program. An administrative law judge and the Department’s Administrative Review Board upheld substantial monetary assessments against the employer.
Sun Valley challenged that process, arguing that when the government seeks significant monetary penalties, the Constitution requires the matter to be decided in an Article III court with access to a jury trial under the Seventh Amendment. The U.S. Court of Appeals for the Third Circuit agreed, relying in part on the Supreme Court’s 2024 decision in SEC v. Jarkesy, which limited the Securities and Exchange Commission’s use of in-house proceedings for certain fraud penalties.
The Department of Labor contends that H-2A enforcement is different. It argues that Congress has broad authority to attach conditions to the admission of temporary foreign workers and to authorize agency enforcement mechanisms to protect domestic wages and working conditions. The Supreme Court’s decision may clarify whether that distinction matters.
Why This Matters to H-2A Employers
For agricultural employers, the case could have major practical consequences:
- Enforcement Forum Could Change
If the Court rules against DOL, future H-2A penalty cases may need to be brought in federal court rather than through agency administrative proceedings. - Greater Procedural Protections
Employers may gain access to broader discovery rights, evidentiary protections, and potentially jury trials in some cases involving monetary penalties. - Slower but Higher-Stakes Litigation
Federal court litigation can be more time-consuming and expensive than administrative proceedings, but it may also provide a more neutral forum. - Increased Challenges to Existing Orders
A ruling against DOL could spur efforts to revisit prior administrative penalty decisions or encourage challenges in pending matters. - Broader Agency Impact
The decision may extend beyond H-2A and influence how other federal labor agencies pursue penalties.
What Employers Should Do Now
This case does not change current compliance obligations. H-2A employers should continue to follow all program requirements. However, employers facing investigations or penalty assessments should closely monitor this case, as it may affect enforcement strategy and available defenses.